California Slip and Fall Laws

You are careful when you go out. You value nothing more highly than your personal safety. Others are not so diligent about keeping themselves and others safe. When you go to a restaurant, visit a bar, club, or café, or stay in a hotel, you expect the premises to be free of hazards. If you have been injured in a slip and fall that was the result of someone else’s oversight and negligence, then you can hold them accountable. 

Your Right to Compensation

Not all slip and falls cause serious harm and hospitalization. But if you had an especially bad fall you may end up with severe injuries. No matter your age or physical condition, such a fall can put you on your back for weeks. You may need to undergo invasive surgeries to put you on the path to health. You will also need to deal with the financial fallout of not working and earning wages. All this can put you under tremendous financial strain.

You need not deal with matters all on your own. A Sherman Oaks personal injury attorney can give you the advice and representation you need to claim the compensation you are owed.

Two California Laws That Will Affect Your Case

From your perspective, your slip and fall case may seem straightforward. But nothing is ever simple in tort law. Every claim you make will be scrutinized and challenged by the other side. Only a slip and fall lawyer Sherman Oaks can help you ensure that your case is sound. Your slip and fall lawyer Sherman Oaks will also make sure you are on solid ground with regards to California law. Two laws in particular will have a great influence on your case: shared fault and statute of limitations.

The owner of the property on which the accident took place will argue that you share some of the responsibility for it. Under California shared fault rules, they have the right to make their case. There are numerous arguments that a property owner can make to put some of the blame for the accident on you. They may say:

• You were on the property after hours
• You were not paying attention to what was around you or were walking while on your phone
• You were wearing footwear that was inappropriate for the space
• You should have recognized the obvious danger of the situation

To get the maximum amount of money, you will need to disprove such arguments. If your case makes it to court, the amount of money you receive will be determined by the state’s comparative negligence rule. This rule mandates the reduction of your award according to the percentage of your fault—assuming of course that you are found partly at fault.

If the accident owed completely to the negligence of the owner or the people they charged with the management of their property, your slip and fall lawyer Sherman Oaks will work to prove this and get you the compensation you deserve.

The statute of limitations is the other California law that will affect your case. Statute of limitations is a state law that puts a time limit on your right to have your case heard by the court. California has a two-year deadline for filing slip and fall accident cases. That is why you should begin building your case as soon as possible, which will leave you plenty of time to file a lawsuit.

The clock starts ticking on the statute of limitations on the date the injury was discovered and disclosed to you. Even if you had a full physical examination after the fall, the harm done to you may not present until some time later. Even then, the doctors may not know the exact problem. It is not until you are diagnosed that the time to file a lawsuit starts. These matters can become complex so you should consult your fall injury attorney Sherman Oaks before making any decisions.

When the Government is at Fault

Governments do not have immunity from slip and fall accident lawsuits. If your injury is the result of the carelessness or inattention of a government employee or agency, then you can claim compensation. Your claim will need to follow a special set of rules. You will need to give notice of your claim within six months of the injury. Your fall injury attorney Sherman Oaks will help you deal with the state or municipal government responsible for the building, facility, road, or area in which you were injured.

Getting the Best Deal Possible

The main aim of your slip and fall accident lawyer will be to get you as much money as possible. You should not choose a property liability lawyer based on the number of court cases they have won, but on the total amount of money they have gotten for their clients.

You will need to be especially diligent and aggressive if the respondent is pushing back hard against your claim that they were at fault. You will need to prove that the accident happened, that it was the result of carelessness or negligence on the part of the premises owner, that you were injured, and that you are owed a certain amount of money.

To build such a case, the property injury lawyer in Sherman Oaks that you hire will bring in a private investigations team. The latter will gather eyewitness statements, building code paperwork, any previous complaints and citations, and other forms of documentation that may suggest a long-standing problem. The team will also gather any video camera footage that shows the accident and what you were doing before it.

Your Sherman Oaks falling injury attorney will also review the medical records kept by your physician. They will also bring in independent medical experts who can make statements concerning the extent of your injuries and the prognosis for your recovery.

The case need not go to trial. Your lawyer may be able to build up enough evidence for the owner to offer a fair and just settlement.