Slipping, tripping, and falling may seem like blameless accidents, but often, they’re a result of someone else’s negligence in keeping the area safe. If you slipped or fell on someone’s property and got seriously injured as a result, you should consider your potential legal claim for compensation.
In Southern California, Gavel Law Firm is ready to help you. We are a trusted firm in the Inland Empire with in-depth experience in slip-and-fall accidents. With our prior experience in the insurance industry, we know the intricate workings of slip-and-fall claims and insurance negotiations. This is our advantage, allowing us to be strategic and tenacious in obtaining maximum compensation for our clients.
Talk to us about your slip-and-fall accident. Your consultation is free. Call Gavel Law Firm at (951) 289-0202 today.
Premises Liability in Riverside Slip-and-Fall Accidents
Premises liability is the legal concept that holds property owners responsible for their guests’ safety on their premises. They must keep their guests reasonably safe by either repairing hazards on the property or adequately warning guests about those hazards. For example, if a restaurant has spilled water on the floor, they must mop it up to dry or put up signage around it that customers can see.
If the property owner fails this responsibility, they could be liable to pay for any resulting injuries. If you were the injured party, you may file a premises liability claim against them with the help of an experienced injury lawyer.
Examples of Slip-and-Fall Accidents with Premises Liability
- Slipping on unattended wet floors
- Tripping over a cracked pavement
- Sliding on an icy driveway
- Tripping on a cluttered store aisle
- Falling down stairs with missing handrails
- Tripping over uneven floors
- Tumbling in poorly lit pathways or hallways
- Falling from a collapsed deck
- Water injuries at an unsafe swimming pool
- Electrocution from exposed or faulty wiring
- Injuries from poorly maintained equipment.
Determining Who Must Pay for Your Slip-and-Fall Injuries
In a California premises liability case, a property owner is typically held liable to pay for resulting injuries. The term “property owner” is not limited to the official owner, but can mean the person or business that has control over the property. For instance, once a rental landlord turns a property over to a tenant, that rented property becomes the tenant’s responsibility.
When you seek compensation, you can expect property owners and their insurance companies to deny their responsibility. It’s vital to have an experienced premises liability attorney on your side to prove liability and fight for the compensation you deserve.
Common Locations of Slip-and-Fall Premises Liability
- Stores, shops, or malls
- Parking lots or parking buildings
- Commercial buildings
- Gyms or fitness centers
- Public parks
- Amusement parks
- Swimming pools
- Nursing homes
- Private homes and driveways.
What Situations Qualify for a Premises Liability Claim?
Not all slips and falls may be eligible for compensation; sometimes, they’re simply innocent mishaps that can happen to anyone anywhere. To pursue a premises liability claim, you must establish the following elements:
- Duty of care. The property owner must have a legal duty to keep you reasonably safe on their premises. This obligation is mostly towards legal visitors like customers and friendly guests. Property owners generally do not have this duty towards trespassers.
- Failure of duty. This occurs if the owner fails to address a hazard on the premises that they knew or should have known about.
- Damages. You suffered an injury on this particular property.
- Causation. Your injury was a direct result of the property owner’s failure of duty to keep you safe.
Establishing these elements can be challenging in a premises liability case. Property owners commonly defend themselves by shifting the blame on your own actions, or by insisting that the property wasn’t hazardous at all. Sometimes, victims themselves doubt their own claim, thinking they don’t have adequate legal grounds to file for compensation.
Don’t let this deter you from securing your rights. Get a free case evaluation from Gavel Law Firm to learn what you may be entitled to, and how to claim it. When you work with us in a premises liability claim, we’ll gather compelling evidence and build robust arguments to help you fight for your rightful compensation.
Slips and Falls are Common in California: Statistics
You’re not alone in suffering a slip-and-fall injury in California. In 2021, for instance, hundreds of thousands of Californians suffered serious falls, according to the California Department of Public Health (CDPH). These included:
- 743,173 falls resulting in emergency room visits
- 142,739 falls resulting in hospitalizations
- 2,827 falls resulting in deaths.
The CDPH data show that falling accidents are the leading cause of unintentional injuries that send people to the hospital. In 2021, these falls accounted for a third (34 percent) of emergency visits and more than half (55 percent) of hospitalizations due to unintentional injuries in California.
Many of these falls could be attributed to preventable factors. An example that’s all too familiar to California residents are the state’s broken sidewalks and unmaintained pavements. Cities like San Diego and Los Angeles have in fact paid millions of dollars to individuals who got injured due to sidewalk defects.
Whether you got injured at a public place or a private property, you may be entitled to compensation. Speak to us at Gavel Law Firm to know your legal options.
Riverside Slip and Fall/Premises Liability FAQs
What is the average slip and fall settlement in California?
Some estimates say that slip-and-fall settlements commonly range from $7,500 to $65,000, but many cases exceed six or seven figures. These general estimates do not predict case outcomes. There is no real ‘average’ settlement in California slip-and-fall cases because each case is unique and resulting amounts vary widely. Even two similar slip-and-falls can differ greatly based on various factors.
How much can I get in a Riverside slip-and-fall claim?
The amount you may receive in a slip-and-fall claim depends on many factors specific to your case. These include the severity of your injury, the related costs, and the circumstances that led to the accident. To determine how much your case is worth, it’s best to have an injury lawyer assess your situation. We’ll provide you with a free case assessment at Gavel Law Firm.
In general, you may receive compensation for various losses such as:
- Medical bills
- Lost income
- Rehabilitation expenses
- Diminished ability to earn
- Pain and suffering
- Psychological distress
- And more.
Are there punitive damages for slip and fall in California?
Yes, punitive damages are available in California slip-and-fall cases, but these damages are rarely awarded. Punitive damages are a monetary amount that the defendant has to pay you as a form of punishment for their behavior. The court has discretion on whether to award these damages and will only do so if they find the defendant’s behavior extremely reckless or intentionally harmful.
What is the law for slip and fall in California?
In California, slip-and-fall accidents are within the legal area of premises liability. The premises liability law requires property owners to keep their premises reasonably safe for legal guests. If an owner fails to do so, they could be held responsible for guests’ injuries.
Does my injury qualify for a Riverside premises liability claim?
A wide variety of injuries may qualify for a premises liability claim in Riverside – from sprains and dislocations, to life-threatening head or spine injuries. Get medical attention as soon as you can. It’s crucial to have a doctor examine the true extent of your injuries so you can get the appropriate treatment and pursue a full compensation claim.
The following are common injuries resulting from premises liability accidents:
- Strains and sprains
- Joint injuries
- Cuts and scrapes
- Fractures/broken bones
- Neck, shoulder, or back injuries
- Spinal cord injuries
- Traumatic brain injuries (TBI)
- Death (in particularly severe cases).
What is the time limit for a Riverside premises liability lawsuit?
Under California’s statute of limitations, the time limit to file a personal injury lawsuit from premises liability is two years from the injury date. This deadline may change in certain cases. For instance, if you’re trying to sue a government agency, you must make the initial filing within six months of your injury.
To avoid missing deadlines in your slip-and-fall claim, it’s wise to consult an attorney early on. Even if you’re not thinking of lawsuits at the moment, a lawyer’s advice can guide you on your next steps. Your consultation is free at Gavel Law Firm, so you risk no money when you speak with our experienced injury attorney.
Contact a Riverside Slip and Fall Accident Lawyer from Gavel Law Firm
More and more Inland Empire residents trust Gavel Law Firm for their personal injury claims. Since 2016, our firm has shown an excellent track record in helping individuals and families injured by others’ negligence. We know how to obtain favorable case outcomes for our clients even in complicated slip-and-fall accidents.
Consult with us for free about your injury on someone’s property. You won’t have to pay us lawyer fees until we win compensation for you. Call Gavel Law Firm now at (951) 289-0202.