Los Angeles Slip and Fall Attorney
Santa Monica slip and fall attorney David Olan is experienced at handling slip and fall lawsuits – sometimes called “trip and falls” – which are a type of premises liability lawsuits. Slip and fall accidents – or trip and falls – can occur anywhere. Sidewalks. Schools. Restaurants. Shopping centers. Stores. Someone else’s home. Hallways. Stairwells. Escalators. Anywhere.
Types of Injuries
Slip and fall accidents are the third leading cause of unintentional death for all ages. Almost 19,000 people died from falls in 2004, per the Centers of Disease Control and Prevention.
There are three main types of slip and fall accidents:
- Slip and fall accidents: When your footing slips and you fall, such as on a wet floor in a grocery store.
- Trip and fall accidents: Where there is an object in your way and you fall over it, such as a cable across a floor.
- Step and fall accidents: When there is a hole in your path, such as a hole in a sidewalk that is under construction.
In any of these situations you may suffer a serious personal injury, such as a concussion or traumatic brain injury; fractured or sprained hips, wrists, ankles, legs, or arms; or a back or neck injury.
Seniors and Falls
Falls are the leading cause of death among people age 65 and older, approaching 11,000 deaths a year, per the Centers for Disease Control and Prevention. The CDC estimates that one in three adults ages 65 or older experience a fall each year. Hip fractures, often from falls, account for 300,000 hospitalizations a year.
The CDC says that about 20% of those who suffer a hip fracture will need a nursing home within a year. And 20% who fracture their hip will die within a year of the fracture. According to the CDC, almost half of those who survive a hip fracture never regain full mobility or their former quality of life.
How Slip and Fall Accidents Happen
Slip and fall accidents may be caused by:
- Poor or careless maintenance
- Faulty design
- Bad construction
- Inadequate lighting
- Failure to warn
- Broken or uneven pavement or concrete
Who is Responsible for Your Slip and Fall
Most slip and fall accidents have one thing in common: they are the result of the carelessness or negligence of someone who owns or controls the area. The responsible party could be one or any combination of these:
- Property owner
- Renter or lessee of the property
- Contractor or sub-contractor
- Manufacturer of defective product (like a ladder)
- City, county, state, or federal governments
The law considers it the duty of all property owners to inspect their property for dangers and hazards.
The property owner is also legally bound to warn you about dangers on their property. Sometimes a warning isn’t enough, per the law, and they must actually remove the danger or prevent accessibility to the danger.
If You are Partially at Fault
California has a comparative negligence law. This means that the court will determine what percentage of fault each party has in the accident.
For example, the court could find that you are 10% responsible, the property owner is 30% responsible, and the grocery store is 60% responsible for your slip and fall accident. In this example, if the verdict was $100,000, you would be responsible for $10,000 of that money, the property owner would be liable for $30,000, and the grocery store would have to pay $60,000.
Determining who is liable for your slip and fall accident, and handling comparative negligence is complicated. That is why it is so important that you contact Santa Monica slip and fall attorney David Olan who is experienced in premises liability law.
Types of Damages You Can Recover
Depending on your case, the damages you may be able to recover for a slip and fall lawsuit includes:
- Physical injuries
- Emotional distress
- Loss of a loved one who is killed or disabled
- Medical costs
- Pain and suffering
- Lost wages
- Loss of future earning capacity
- Loss of financial support
- Damage to other physical property
- Punitive damages (sometimes)
The Cost of a Slip and Fall Attorney
In most cases, Santa Monica slip and fall attorney David Olan of Olan Law takes slip and fall lawsuits on a contingency basis. This means that you pay nothing until your case is resolved.
The Deadline for Filing a Slip and Fall Lawsuit
There are deadlines (statutes of limitation) by which you must file your slip and fall lawsuit. If you miss the deadline, then you are giving up your Constitutional right to ever file a slip and fall lawsuit in this case.
The sooner you contact Santa Monica slip and fall attorney David Olan, the better it is for your case. He will investigate the facts of the case, determining who is liable for your slip and fall accident. He also will preserve evidence by making sure that records don’t get lost and by taking statements from witnesses before their memories fade.
If you cannot afford medical care, Santa Monica slip and fall attorney David Olan will arrange for quality medical care for you. These medical providers offer you medical care on a lien basis, meaning they agree to wait for payment until your lawsuit is resolved.
Contact Santa Monica slip and fall accident attorney David Olan today for a free, no-obligation consultation.
Slip and Fall
Questions & Answers
Q: Can I sue if I fell in a store?
A: If you fell in a store and suffered serious person injuries you may have a slip and fall (trip and fall) lawsuit. Your Los Angeles slip and fall attorney will have to prove that the reason you slipped or tripped was because of the store’s negligence. Examples of a store’s negligence include, but are not limited to, a wet floor, no signage of a difficult-to-see step, uneven pavement, or equipment left out on the floor.
Q: How much time do you have to bring a slip and fall (trip and fall) lawsuit?
A: The amount of time you have bring a slip and fall (trip and fall) lawsuit is governed by the statute of limitations (deadline) set by California Code of Civil Procedure Section 335.1, which sets a 2 year deadline to file a lawsuit. This is a general statement though, and certain situations could make the deadline sooner or later. Contact a Los Angeles slip and fall attorney as soon as possible to ensure you do not miss the deadline.
Q: I had a slip and fall (trip and fall) at an apartment building I was visiting. The property manager is saying I am responsible because I was talking on my phone. Do I have a lawsuit?
A: Some property owners and property management companies and their insurance companies will attempt to fight a slip and fall (trip and fall) lawsuit by saying you are responsible for your own accident. Even if you are partially responsible, California has a comparative negligence law. This means that if the court finds you less than 51% responsible for the slip and fall, you still may be entitled to compensation for your damages.
Contact David Olan for a free, no-obligation, and confidential consultation.