Experienced Slip and Fall Injury Attorney in Los Angeles
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If you are seeking a good lawyer for a slip and fall accident in LA, contact Lungin Law. We can help you get the compensation you deserve for your slip and fall injury.
Each year, thousands of individuals visit hospitals after suffering serious slip and fall accidents. These accidents can cause severe injuries such as sprains, fractures, broken bones, and even traumatic brain injuries that require long-term medical care. Serious falls can even result in death.
If you or a loved one recently had an accident and sustained a personal injury, or a loved one has died because of a slip and fall incident, contact Lungin Law. Our experienced slip and fall lawyers may be able to assist you in recovering financial compensation from the property owner or someone else responsible for your injuries.
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What are Slip and Fall Accidents?
Slip and fall accidents are exactly as the term implies: they happen when an individual slips, trips, or falls due to something that shouldn’t have been there, which often results in injuries. When a person is injured on someone else’s property, it falls within a premises liability claim or a slip and fall personal injury case within civil law that holds the property owner responsible. This is based on the property owner owing you a duty of care but neglected it by failing to keep the premises safe.
Under California law, a property owner only owes this duty to certain visitors, including invitees and licensees. These are people with implied or express invitations to enter a premise, such as customers. However, property owners do not owe trespassers a duty of care, so if you get injured while trespassing, the owner is not liable for damages.
To find out if you are eligible to file a slip and fall claim, contact our slip and fall accident lawyer.
Slip & Fall Accident Types
There are many types of slip, trip, and fall accidents including slipping on a wet floor, tripping on uneven pavement, or falling over a pothole.
Slipping on a Wet Floor
In the State of California, it is a business owner’s responsibility to provide their customers with a clean and safe environment. Unfortunately, cleaning floors leaves a wet, slippery surface behind, which can be a hazard. Even with a “Caution: Wet Floor” sign covering the area, people tend to get hurt.
Our slip and fall accidents lawyer in LA knows the laws of negligence and will use them to ensure you receive the compensation you deserve. Contact our slip and fall attorney in LA.
Tripping on Uneven Pavement
The city of Los Angeles sits on shaky ground that has resulted in 4,500 miles of crumbled concrete, cracked sidewalks, and uneven pavements in need of repair. Over the past decade, a move to make neighborhoods more walkable has resulted in repairing 64 miles of damaged sidewalks. However, according to a study conducted by the Southern California University, it will take the city 72 years to complete the entire project.
In 1911, the Improvement Act was passed by the California State Legislature, mandating property owners to maintain their sidewalks. Whether the burden is placed on an individual property owner or the state, someone will be held responsible for neglecting the repairs required to maintain safety.
If you tripped on a public sidewalk in LA, contact our slip and fall lawyer in Los Angeles for immediate assistance.
Falling From Potholes
While most potholes are caused by extreme weather, they are also formed due to street surface fatigue, which may be the reason for LA’s huge pothole problem. Many of these potholes are found on the sidewalks of public streets, but also appear in driveways, private parking lots, and open paths.
Premises liability refers to a property owner’s legal obligation of maintaining relatively safe conditions for people who have a legitimate reason for being on their property. This includes shoppers, visitors, and staff members. If a property owner fails to maintain reasonable safety conditions for pedestrians, the property owner is held accountable for any injuries sustained that take place on their property as a result of their negligence.
If you fell over a pothole and suffered injuries, make sure you hold on to your shoes worn during the incident and contact our law firm to find out if you can claim compensation.
How to Prove Negligence in Slip and Fall Cases
In slip and fall cases, you have to prove the defendant was negligent before you can recover compensation. Negligence is a legal term that describes the failure of a person or party to meet appropriate standards of care. In the case of a slip and fall, the burden of proof rests with the injured victim. Keep in mind that it is common for insurance companies and property owners to argue that the victim was completely or partially at fault for the accident. It is your or your attorney’s job to establish the negligence of the defendant that caused or contributed to your injuries using clear, convincing evidence that proves the five following elements are more likely true than not true:
1. The defendant was the controller or owner of the property where the accident occurred.
2. The defendant was aware or should have been aware of the dangerous condition.
3. The defendant failed to warn visitors or remedy the dangerous condition.
4. The dangerous condition caused injuries to the victim.
5. The victim has suffered compensable losses.
Evidence that can be submitted as proof are photographs, surveillance footage, complaints from others, previous accident reports, maintenance or cleaning logs, and witnesses’ testimonies.
Answer to Some Common Questions Regarding Slip and Fall Accidents
What are California’s Statute of Limitations for slip and falls?
California gives you up to two years from the incident date to file a lawsuit, unless your lawsuit is against the government. Then you only have six months to file a claim.
How long does it take to settle a slip and fall case in California?
There is no set timeline to receive compensation for a slip and fall case as each case varies. However, some cases may settle within months after an accident, whereas others can take years to receive a payoff.
What can cause delays?
Your claim may encounter delays due to the following:
- Your claim may encounter delays due to the following:
- Medical recovery time, since settling before you are fully recovered, can reduce the full value of your losses
- Complicated case factors that may involve multiple defendants, comparative negligence, a liability dispute, or catastrophic injuries
- The insurance company denies your settlement negotiations, then your case goes to trial, which can take much longer
How much can I recover for damages?
How much your case is worth depends on the severity of your injuries and the extent of your losses.
Hire An Experienced Personal Injury Lawyer
Lungin Law understands the frustration and pain you and your family are going through because of your accident and we want you to know we are here to help you get through this. Let our slip and fall attorney in Los Angeles handle your case so we can take a lot of the burden off you and ensure you receive the most compensation in the shortest amount of time.