A slip and fall might not seem like a serious accident. However, in many cases, it can be, and what might seem like a minor tumble might turn into a severe injury through no fault of your own. You might slip and fall because the floor was unsafe, and the fault for this can be traced back to a person who should be held accountable.
If you have been injured in a slip and fall accident, you might be entitled to financial compensation. You need the help of a skilled Burbank slip and fall accident attorney. Contact Simmrin Law Group today for a free consultation and case review.
California Premises Liability Laws
According to the National Floor Safety Institute (NFSI), slip and fall accidents are very common. Every year, slip and fall accidents account for more than eight million emergency room visits in the United States alone. That is 21.3 percent or more than one out of every five ER cases. Slip-and-falls are very common and very costly.
When you slip and fall in California, the owner of the property where you were hurt might be liable to you for your injuries. The property owner is responsible to you if they were negligent in the maintenance of their property, which then caused your injury. In California, a property owner is negligent when they:
- Knew or should have known that a dangerous condition exists
- Failed to repair the condition, or at least give warning of the condition
Common Slip-and-Fall Accident Causes
Some common ways that a property owner might be negligent are:
- Their property has wet floors, but they did not put up a warning sign.
- Their floors have torn or loose carpeting.
- There is trash or other slippery substances on the floor that has obviously been there for long enough to be noticed.
- There are broken or missing safety handles or railings.
- There is broken furniture.
- The property owner put down something like an adhesive mat that turned out to be faulty.
- The floors are uneven.
If a property owner fails to warn you about any of these or other hazardous conditions, and you are then injured, you might have a case against them for negligence. Contact a skilled and professional slip-and-fall accident lawyer in Burbank to evaluate your options.
For a free legal consultation with a slip and fall accidents lawyer serving Burbank, call (310) 896-2723
Who Is Liable for My Slip and Fall Accident?
Slip and fall accidents typically fall under the umbrella of premises liability, which means that the owner of the property or land is liable for injuries that happen on that property or land. When you are invited to someone’s property, or an invitation to someone’s property is implied (such as when you go to a place of business), they might be liable for your slip and fall.
There is a legal duty in California for anyone who owns, leases, occupies, or controls property to exercise reasonable care to prevent harm to others. Reasonable care means that they act in a manner that a hypothetical reasonable person would act under the same or similar circumstances.
If you slip and fall at a business, insurance providers might also be liable to you. In addition to a business owner’s insurance company, you may be able to file a claim if you slip and fall in someone’s home. They might have homeowner’s insurance that will be called on to pay for your injuries.
The question of who has to pay might become complicated, so you need a skilled slip-and-fall accident attorney in Burbank on your side.
Burbank Slip and Fall Accident Lawyer Near Me (310) 896-2723
What Is the Statute of Limitations for a Slip and Fall Claim?
The statute of limitations is a time period that limits the amount of time you can bring your lawsuit. You can think about the statute of limitations as a timer that starts counting down when you discover you are injured. For example, suppose you slip and fall but notice several weeks later that you have suffered an internal injury.
In that case, the statute of limitations for a lawsuit regarding that internal injury starts when you discover the medical condition, not on the date of the accident. In California, the statute of limitations for any personal injury lawsuit, including slip and fall, is two years. This means that your lawsuit must be filed within two years of your injuries.
To ensure compliance with the statute of limitations, make sure that you contact a Burbank slip and fall accident attorney as soon as possible after your accident.
Lawsuits Against the Government
Sometimes, however, you might bring lawsuits against a government entity, such as if you were to slip and fall on a public sidewalk or in a government building like a post office. If you need to sue the government, the statute of limitations works slightly differently.
First, you must make a demand to the government for payment within six months of your injuries. The government is then given the opportunity to pay you. However, if the government denies your claim, you can then only sue within six months of that denial.
Sometimes the government might be in control of property that you were not aware was under government control. It is better to be safe than sorry, so you should contact a skilled Burbank slip and fall accident lawyer sooner rather than later to make sure that your lawsuit is not barred by the statute of limitations.
Contact a Burbank Slip and Fall Accident Lawyer
Are you one of the more than eight million Americans per year that suffer an injury from a slip and fall accident? You can trust our skilled attorneys to help you get the financial compensation that you deserve. Whether your injuries are devastating or just moderate, you should get justice for your accident and receive the compensation you deserve from the parties responsible.
If you slip and fall in Burbank, California, enlist the help of a skilled and professional Burbank slip and fall accident attorney. Contact Simmrin Law Group as soon as possible for a free consultation and case evaluation.