The National Floor Safety Institute reports that annually hundreds of thousands of people nationwide seek medical care for injuries caused by slips and falls. In California, businesses and property owners are legally liable for a slip and fall injury because of their failure to provide reasonable safe conditions on their premises. Here is a guide to slip and fall accident claims under California law.
California Premises Liability Law: Slip and Falls
Slip and fall accident claims fall under an area of law called premises liability. A business or property owner in California is not automatically at-fault for a slip and fall injury that occurs on their premises. As required by the Judicial Council of California Civil Jury Instructions (CACI No. 1000), a plaintiff in a slip and fall accident claim must prove the following:
- The defendant owned or controlled the property;
- The defendant was negligent;
- The plaintiff suffered harm in a slip and fall; and
- The defendant’s negligence was a “substantial factor” in the plaintiff’s slip and fall accident.
Negligence is broadly defined as the failure to take proper care. In general, a slip and fall accident victim must prove that the business or property owner knew or should have known about an unreasonably dangerous safety hazard on the premises and failed to take the proper corrective action to protect customers or other guests.
The Statute of Limitations for Slip and Fall Accidents in California
Similar to most other types of personal injury claims, the California statute of limitations for a slip and fall accident is two years. In effect, this means that injured victims typically have two years from the date of their accident to file a lawsuit against the at-fault business or property owner. A claimant who fails to initiate the slip and fall accident case before the deadline could lose out on their right to recover compensation. Injured victims should seek professional legal representation as soon as possible after a slip and fall accident.
Slip and Fall Accident Victims are Entitled to Compensation
Through a personal injury claim in California, you can seek monetary relief for both economic and non-economic damages. At Alexander Law Group, LLP, our Silicon Valley premises liability attorneys are committed to helping injured victims maximize their support. You may be eligible to recover financial compensation for:
- Emergency medical care;
- Hospital bills and medical expenses;
- Physical therapy;
- Loss of current and future wages;
- Pain and suffering;
- Scarring/disfigurement; and
- Permanent physical impairment.
Unfortunately, the big insurance companies that handle most slip and fall accident claims are focused on protecting their own bottom line. They may try to settle a premises liability case for far less than it is truly worth—sometimes even denying liability altogether. A skilled slip and fall accident lawyer will help you and your family seek justice, accountability, and full compensation.
Contact Our San Jose, CA Slip and Fall Accident Attorney Today
Alexander Law Group, LLP attorneys are available to answer questions and share our knowledge of the law and the results of our research and experience. Our goal as personal injury lawyers is to make a difference for our clients. Every day we deal with a range of health and safety issues that most people do not encounter until after an injury occurs. As safety lawyers we are committed to providing our clients and the public with information for safer and healthier living. Call 888-777-1776 or contact us online to schedule a consultation to see how we can help you.