Santa Monica Slip & Fall Accidents Attorney
Thousands of people each day find themselves walking around the Santa Monica area, whether they are shopping, running, or just exploring. Unfortunately, no matter where you go, sometimes there will be a misplaced rug, a slippery spot on the floor, or a lift in the pathway that can cause a slip and fall accident.
More often than not, this is just a quick moment of embarrassment that hardly slows your day down, but sometimes, these slip and fall accidents can cause significant injury during the fall. While it is rare for a slip and fall accident to be lethal, it can lead to twisted ankles, broken wrists, or even minor to major concussions.
Experienced Legal Counsel for Santa Monica Slip and Fall Accident Claims
If you believe you or a loved one suffered an injury in a slip and fall accident because of another individual’s negligence, you have the right to hold them accountable for your damages. A Santa Monica slip and fall accident attorney can help you determine fault for your recent accident, assess the damages done by the defendant, and guide you through the legal proceedings necessary for holding them accountable.
McLachlan Law, APC has extensive professional experience handling a wide range of personal injury claims in Santa Monica, including those pertaining to slip and fall accidents. Our firm will help you prove fault for your damages and secure as much compensation as state law allows to aid your recovery. If another party is responsible for your slip and fall accident, you should not be left to manage the aftermath and the economic impact on your own.
Proving Fault for a Slip and Fall Accident
As an individual, you are responsible for paying attention to your step when walking in any metropolitan area, be it a crowded shop, a busy sidewalk, a packed gym, or a city crosswalk. However, unmaintained walkways, icy entrances, and poorly lit areas can all cause people to lose their footing and could cause serious harm. A slip and fall accident could happen at any time you’re doing just about anything around town. Be safe by being aware of your surroundings, but know some falls are out of your control.
If there was a hazardous condition a business owner knows about on their property but has failed to repair that hazardous condition or at least protect against and give signage or other adequate warnings of the dangers present to others, then that owner might be responsible for the harm of another. This also applies in the event that the property owner should have known about the hazardous condition through the basic understanding of reasonable care and has left the hazard untreated and unannounced in any way to others.
Common Slip and Fall Accidents
Typically, the most common types of slip and fall liability in California cover a variety of unsafe walking conditions from spills, plumbing leaks, loose carpeting, and uneven flooring. Other examples might include items that are temporarily there as a safety hazard, such as an uncovered set of cables and cords. Another issue might be from a hazard that has been worn down from time, like a broken railing or furniture that’s faulty. There is also slip and fall liability if there are unsafe conditions, such as a construction site that has not been properly roped off, openings where there should be a railing for protection, as well as improper or lacking signage that signifies the potential hazard at hand.
Responsible parties can vary. Though slip and fall accidents are generally the responsibility of property owners, a negligent employer could also be the reason for your incident. Discuss the details of your slip and fall with a skilled Santa Monica attorney for your next best steps.
Proving fault is relatively straightforward in a slip and fall accident case, as the lack of any of the actions mentioned above will typically and quickly qualify as negligence on the property owner’s behalf.
No matter the hazard, it is the property owner’s duty to manage their space and be aware of any potentially hazardous conditions they and others on their property need to be aware of. However, there is always a chance for a property owner to dispute liability for this type of accident. This could be if the hazardous condition was something fresh, and they say that they were unaware of it or that they had provided a proper warning. They may suggest that the slip and fall victim had simply been careless in their actions. This is why an experienced attorney is such an accident; we can protect your best interests after a Santa Monica slip and fall.
The success of your lawsuit for negligence after a slip and fall accident will most likely come down to your ability to prove the property owner was negligent and did not take the proper steps to ensure your safety by ignoring a hazardous condition. If the defendant asserts comparative fault against the individual who slipped and fell, an investigation can reveal that the slip and fall victim ignored clear signage or even crossed into unsafe areas they were prohibited from going on the property.
If California’s pure comparative negligence law applies, the plaintiff loses a percentage of their recovery equal to their percentage of fault for causing the accident. When comparative fault applies in slip and fall accident claims, slip and fall victims almost always bear less fault than the property owners who failed to create a safe environment.
Slip and Fall Accident Damages and Compensation You Can Claim
California law allows the plaintiff in a personal injury case to seek full recovery from all of the economic losses the defendant caused them to suffer. From the moment someone slips and falls, they are dealing with the economic impact of an injury, from medical bills to the possibility it might affect their ability to work.
While the risk of fatal injury is incredibly low in the case of most slip and fall accidents, there are exceptions. For instance, a slip could cause a victim to fall to their death or sustain deadly injury in the process of falling, like hitting their head against the ground or other hard object. If a slip and fall victim is unfortunate enough to sustain deadly injuries, their family could file a wrongful death claim in place of the personal injury claim the victim could have filed if they survived.
After proving fault for your slip and fall accident and identifying the defendant responsible for your damages, the next phase of your case is proving the full scope of those damages. A slip and fall accident can be the cause of small to severe damages. You might need help paying expensive medical treatment costs for managing your injuries sustained in the fall or help cover ongoing losses caused by lost wages because your accident gave you an injury that doesn’t allow you to work. Claimable losses in most personal injury cases include:
- Immediate and long-term medical expenses. The defendant is liable for any medical care the plaintiff requires to reach maximum medical improvement as a result of an injury sustained in a slip and fall accident.
- Lost income during the victim’s initial recovery. If you must stay home from work due to your injuries, the defendant is responsible for all the income you lost during this time from a slip and fall accident.
- Lost future income when the victim cannot return to work. Though rare, if this is the case, your slip and fall accident lawyer can help you calculate the future income you could have earned if your accident hadn’t happened.
- Property damage. If property damage occurred in the fall, such as a cell phone or other valuables breaking, then repair or replacement costs of the property damaged or destroyed by the defendant’s actions can be included in the personal injury claim.
- Pain and suffering compensation to reflect the physical pain and psychological trauma inflicted by the defendant. There is no limit to the amount of pain and suffering compensation you can seek from the defendant who caused your accident.
The initial aftermath of any slip and fall accident can be traumatic and difficult to navigate. It’s hard to know the best place to begin your recovery efforts or what options for legal recourse are available to you. In some cases, victims could be injured so severely that they have no memory of how their accidents happened, like if a head injury also occurs in a slip and fall accident.
Working with an experienced Santa Monica slip and fall accident attorney significantly improves the chances of you reaching a favorable outcome in your personal injury case. When you choose McLachlan Law, APC, to represent you, we will work swiftly to uncover the full scope of economic damages you can seek from the defendant, and we will also assist you in maximizing your pain and suffering compensation to reflect the severity of your experience.
Find Your Santa Monica Personal Injury Attorney Today
The McLachlan Law, APC team has years of professional experience helping clients navigate the toughest personal injury claims in the Santa Monica area, including slip and fall accident cases that involve life-changing injuries and extensive economic losses. If you are ready to explore your options for legal recourse, contact us today and schedule your consultation with a Santa Monica slip and fall accident attorney.