Slip, Trip and Fall Overview
Under California premises liability law, property owners and occupants have a duty of care to maintain their property in a reasonably safe condition and to warn guests and visitors of hidden dangers that may not be “open and obvious”.
This “duty of care” obligates people who own, possess, or control property to exercise reasonable care to:
Maintain their property;
Inspect the property;
Repair any potentially dangerous conditions; and/or
Give adequate warning of any dangerous condition(s).
A property owner or occupier who is negligent in failing to keep the property in a reasonably safe condition may be liable for any injuries sustained on the property. The injured party may be able to file a personal injury lawsuit against the property owner for damages.
What are California’s Premises Liability laws?
California’s premises liability laws are based on negligence. Under California Civil Code 1714(a):
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person…”
In a premises liability case, the factual elements of the claim require the plaintiff to prove that he or she was harmed because of the way the defendant managed the property. Specifically, under California law the plaintiff must prove:
The defendant owned, leased, occupied, or controlled the property;
The defendant was negligent in the use or maintenance of the property;
The plaintiff was harmed; and
The defendant’s negligence was a substantial factor in causing the plaintiff’s harm
If you or a family member has been injured on public or private property because of a dangerous condition, time is critical so we invite you to call us for a free consultation with any questions you may have.
What To Do Immediately After a Fall
Property owners are responsible to ensure that their property is safe for those who use the premises. However, falling on someone’s property does not automatically make the owner legally responsible for your injury. You must show that the property was unreasonably unsafe, and that the owner knew, or should have known, about the dangerous condition. The steps you take immediately after your accident can help prove the facts of what happened and make the difference in getting the full compensation you are entitled to.
What Types of Damages Are Available to Slip and Fall Accident Victims in CA?
In California, slip and fall accident victims may be entitled to various types of damages if they can establish that their injuries were caused by someone else's negligence. The types of damages available in slip and fall cases typically include:
Medical Expenses: Victims can seek compensation for their medical costs, including hospital bills, doctor visits, surgeries, medication, rehabilitation, and any other necessary medical treatments related to the slip and fall injuries.
Lost Wages: If the slip and fall accident caused the victim to miss work or resulted in a loss of earning capacity, they may be able to recover damages for the wages they would have earned during the recovery period or for the diminished earning capacity caused by the injuries.
Pain and Suffering: Slip and fall victims may be eligible for compensation for the physical pain, emotional distress, and mental anguish they experienced due to the accident and resulting injuries. This type of damage is subjective and often calculated based on the severity and duration of the pain and suffering.
Property Damage: If personal property was damaged in the slip and fall accident, such as a smartphone or other valuable items, the victim may be able to seek compensation for the cost of repair or replacement.
Loss of Enjoyment of Life: In cases where the slip and fall injuries have significantly affected the victim's ability to participate in activities they previously enjoyed, they may be awarded damages for the loss of enjoyment of life.
Punitive Damages: In some instances where the defendant's conduct is considered particularly egregious, punitive damages may be awarded. These damages are intended to punish the wrongdoer and deter similar behavior in the future.
It's important to note that every case is unique, and the availability and amount of damages can vary depending on the specific circumstances and the strength of the evidence presented.
What Damages Are Recoverable from a Slip, Trip and Fall ?
"Slip and Fall" or "Trip and Fall " is a term used for a personal injury case in which a person slips or trips and is injured on someone else's property for any number of reasons. Legally, these accidents are known as "premises liability" claims. If the injury occurs on property owned and/or maintained by the government, then it involves what is called a government tort claim and special rules apply. Generally, a person injured in a "slip and fall" on someone else's property must prove that the cause of the accident was a "dangerous condition" and that the owner of the property "knew" of the dangerous condition.
If you or a family member has been injured on public or private property because of a dangerous condition, and you have questions about recoverable damages we invite you to call us for a free consultation with any questions you may have.
When is a property owner or occupant considered negligent in dangerous condition?
Not all falls lead to slip and fall liability. To recover damages, the accident must have been caused by someone else’s negligence.
In general, a property owner or occupant may be considered negligent in relation to a dangerous condition if they fail to fulfill their duty of care towards visitors or guests on their property. The specifics of when negligence occurs can vary depending on the jurisdiction and the circumstances of the case, but there are common elements that are typically considered in determining negligence in relation to a dangerous condition. These elements include:
Duty of Care: The property owner or occupant must have a duty to exercise reasonable care to maintain the property in a safe condition or warn visitors of any known hazards. The duty of care owed to visitors generally depends on their legal status, such as invitees (e.g., customers), licensees (e.g., social guests), or trespassers.
Knowledge of the Dangerous Condition: The property owner or occupant must have had knowledge of the dangerous condition or should have reasonably known about it. This can include actual knowledge, constructive knowledge (knowledge that a reasonable person would have had), or notice of the condition through complaints or previous incidents.
Failure to Remedy or Warn: If the property owner or occupant knew or should have known about the dangerous condition, they must have failed to take reasonable steps to remedy the condition or provide warnings to visitors about the hazard.
Foreseeability: It must be foreseeable that the dangerous condition could cause harm to visitors. This means that a reasonable person in the same situation would have recognized the potential risk and taken appropriate measures to address it.
Causation: The dangerous condition must have directly caused the visitor's injuries. The injured party must be able to establish a causal link between the condition and the injuries suffered.
Slip, Trip and Fall FAQ's
The Phillips Personal Injury answers some of the most frequently asked questions about slip, trip and fall accidents and claims. We hope this information will give you an idea as to how to move forward with your matter. The legal issues surrounding personal injury cases may at times seem overly complicated and even overwhelming at times. There is no need to feel that way. We’re here to help. Explore the answers to the questions you may have or just give us a call. Since every case has unique facts and circumstances, we’d be glad to discuss the specific details of your case and any specific questions you have. We invite you to give us a call at 530-265-0186 for a no charge consultation.
What are some common injuries that occur in a “slip and fall” ?
Slip and fall accidents can result in a wide range of injuries, varying in severity depending on the circumstances of the fall. Some common injuries that can occur in slip and fall accidents include:
Fractures and Broken Bones: Falls can lead to fractures and broken bones, such as broken wrists, arms, ankles, legs, or hips. These injuries often occur when a person tries to break their fall by extending their limbs.
Sprains and Strains: Ligaments, tendons, and muscles can be stretched or torn in slip and fall accidents, resulting in sprains or strains. Ankle sprains are particularly common in slip and fall cases.
Head Injuries: Falls can cause head injuries ranging from mild concussions to more severe traumatic brain injuries (TBIs). Head injuries can lead to cognitive impairments, memory problems, headaches, dizziness, and other long-term complications.
Back and Spinal Cord Injuries: Slip and fall accidents can cause damage to the back and spinal cord, leading to herniated discs, spinal fractures, or even paralysis, depending on the location and severity of the injury.
Soft Tissue Injuries: Soft tissues, such as tendons, ligaments, and muscles, can be strained or torn in a slip and fall accident. This can result in pain, swelling, bruising, and limited mobility.
Dislocations: The impact from a fall can cause joints to become dislocated, commonly in the shoulders, hips, or knees. Dislocations require medical attention to relocate the joint properly.
It's important to seek immediate medical attention after a slip and fall accident, even if injuries seem minor at first, as some symptoms may become more apparent over time. It's also crucial to document your injuries and consult with a personal injury attorney to understand your legal rights and options for seeking compensation for your injuries.