At some point in your life, you have probably slipped or tripped and fallen down. In many cases, these kinds of falls are just accidents, and no one is at fault. Yet in some situations, the fall was caused by someone else’s carelessness.
If you are hurt in a slip and fall because of something that someone else did – or failed to do – you may be able to file a lawsuit against them.
Through a premises liability claim, you can recover money for your medical bills, lost wages, pain and suffering, and other losses. A skilled personal injury lawyer can work with you to help you get maximum compensation for your losses.
At Appel Law Firm LLP, we represent injury victims in all types of accident cases – including slip and falls. Based in Walnut Creek, we represent clients throughout Northern California. Reach out today to schedule a free consultation with an experienced California slip and fall attorney.
Slip and Fall Accidents
Slip and fall accidents can occur in almost any location. Most often, we handle slip and fall cases that occur in areas that are poorly lit or high-traffic areas. Stairwells are a common place people fall, as they often have dim lighting and are subject to getting wet from the elements. Even indoor staircases are risky, because when the weather is poor, people come from the outside with wet shoes on, causing a falling hazard.
Common causes of slip and fall accidents include:
- Spills
- Loose carpeting
- Uneven floors
- Leaks
- Broken or missing railings on stairs or walkways
- Loose cables or cords
- Crumbling sidewalks
- Failure to warn of known hazards
Whatever the cause may be, if you have been hurt because of a slip and fall accident in Walnut Creek, you may be able to recover financial damages for your injuries.
It’s easy to understand why slip and fall accidents happen. It’s important to understand that many of these accidents are caused by another person’s negligence. This may include failing to repair a dangerous condition on the property or not warning people that the condition exists.
There are situations where an individual bears some responsibility for their slip and fall accident. For example, if you aren’t paying attention, and you are texting on your phone while walking, it is likely that you may be found partially or wholly responsible for your injuries. But if you are at a party and you trip over a poorly lit walkway, the person who owns the property may be liable for your injuries.
Slip and fall accidents occur when people are careless, whether it is the victim that has been negligent or the person or institution that owns the property where the accident occurred. Whether there is water on the floor, a hazard that can be tripped on, or poor lighting, carelessness is a significant contributing factor to slip and fall accidents.
Slip and Fall Injuries
The types of injuries people sustain from a slip and fall accident are as varied as the people getting hurt. Common injuries range from mild sprains and strains to broken bones to permanent disabilities like traumatic brain injury (TBI) or paralysis. Many people who fall unexpectedly will use their arms to try and break their fall. This often results in injuries to the wrists, elbows, and shoulders, both strains and breaks. Many people that fall hard on their arms will break an elbow or wrist, causing weeks of pain and potentially months of rehabilitation.
Another common injury sustained by people who slip and fall is injuries to the back. Slipping by accident can cause many problems with the low back, as muscles can be easily strained and vertebral disks can become slipped or herniated. Back pain, stiffness, and lack of mobility are common problems associated with falling on a wet floor, or down a set of stairs. Back problems can persist for years, and it is important to have back pain after an accident assessed carefully by a qualified treatment provider.
Whether your injuries are relatively mild or serious, you may be able to file a lawsuit against the at-fault party for your losses. An experienced Walnut Creek slip and fall lawyer can help you understand your rights and stand by your side throughout the process.
Another common injury sustained by people that slip and fall are injuries to the back. Slipping by accident can cause many problems with the low back, as muscles can be easily strained and vertebral disks can become slipped or herniated. Back pain, stiffness, and lack of mobility are common problems associated with falling on a wet floor, or down a set of stairs. Back problems can persist for years, and it is important to have back pain after an accident assessed carefully by a qualified treatment provider.
When Can I File A Lawsuit For A Slip and Fall?
Slip and fall accidents are a special type of personal injury case known as premises liability. They are typically based on a theory of negligence. If you have been injured because of the negligence of another person, they may be found liable for your injuries.
A person may be held financially responsible for your injuries if:
- They know (or should have known) about a dangerous condition on their property; and
- They fail to repair, protect against or warn others about this hazardous condition.
A premises liability lawsuit can be brought against a property owner, a tenant, a property management company, or even a government entity if you slip and fall on public property.
When you are an invited guest at a person’s house or place of business, you have the right to your own personal safety. If you fall because of a preventable hazard, one that the homeowner or business owner should have noticed, this person is probably at fault for your injuries. If you were using the property as intended and you were injured, your percentage of fault for your injuries will be extremely low.
Fault is determined by looking at the accident, and figuring out what caused the accident in the first place. If the lighting was poor, if there was water that shouldn’t be there, or if you tripped over an item that shouldn’t have been on the floor, the property owner may be found liable for your injuries.
For example, consider a situation where you are injured after tripping over an uneven sidewalk while walking down the street. There was no warning that the sidewalk was uneven, and the difference in grade was pretty significant. In this situation, you may be able to file a lawsuit against the property owner for your injuries.
However, if you were looking at your phone while walking instead of paying attention, you may be considered partially at fault. Here, California’s comparative negligence rules will come into play. Under these rules, you can still recover for your losses in a personal injury lawsuit even if you were partially at fault. Your total recovery will be reduced by the percentage that you were at fault (up to 99%).
These types of cases can be complicated, and injury victims are often unsure about their rights. If you have any questions, you should reach out to schedule a free consultation with an experienced California slip and fall lawyer.
What Kind of Compensation Am I Entitled to After a Slip and Fall Accident?
If your fall was caused by someone else’s negligence, you may be able to file a lawsuit against them. You could potentially recover money for all of your losses, including medical expenses, future medical treatment, lost wages, reduced earning capacity, property damage, pain and suffering, and emotional distress. In some cases, you may be able to seek punitive damages – although this type of compensation is limited to situations where the at-fault party acted intentionally or with gross negligence.
The best way to get top dollar for your injuries is to work with a seasoned Walnut Creek slip and fall attorney. Call Appel Law Firm LLP today to schedule a free initial consultation with a member of our team.
What If I Fall on a Friend’s Property? Can I Really Sue Them?
If you get hurt at a friend or family member’s house, it is important to remember that you will actually be suing them. You will be filing a claim with, or potentially a lawsuit against them and their insurance company. Your loved one pays for homeowner’s or renter’s insurance for a reason: to protect themselves in situations like this.
Of course, it can still be a delicate matter to proceed with a claim in this situation. A Walnut Creek slip and fall lawyer can help you with the process, including negotiating a fair settlement on our behalf. Reach out to the Appel Law Firm LLP to schedule a free consultation.
Do I Really Need a Lawyer for a Slip and Fall Accident?
You aren’t required to have a lawyer for a slip and fall – but it is typically the best way to get maximum compensation for your injuries. Insurance companies are in business to make money. They typically won’t offer you a fair settlement unless they know that you are serious about your case – which usually means hiring a lawyer.
Personal injury lawyers handle cases on a contingency fee basis, which means that you will pay nothing upfront and will only pay a fee if they recover money for you. Call Appel Law Firm today to schedule a free consultation with a member of our legal team.
How Our Law Firm Can Help
After a fall, you may not know what your rights are – or where to go for help. Appel Law Firm LLP is here for you.
An experienced Walnut Creek attorney will be able to provide you with a full picture of the viability of your legal case, and you can discuss your case with an attorney by calling for a free initial consultation. It will be important that you bring all information you have regarding your accident, including contact information for the property owner and any medical records for treatment you have undergone for your injuries. Together, you and the attorney will discuss your case to determine its merits.
If you have been injured in Walnut Creek because of the negligence of another person, it’s time to sit down with an experienced attorney to discuss your case. Call Appel Law Firm LLP today at 925-938-2000 or fill out our online contact form to schedule a no-cost, no-obligation consultation with a member of our team.
