The award-winning California slip and fall attorneys at Bisnar Chase have a successful track record of helping injured victims obtain fair compensation for their pain and suffering.
Slip and fall accidents cost Americans billions of dollars a year and claim tens of thousands of lives. With our legal representation, our injury clients have won over $900 million for their accident cases. Our local slip and fall attorneys have taken on the toughest insurance companies and have continued to hold a 99% success rate for 46 years.
As an experienced personal injury law firm in Los Angeles, Orange County, Riverside, San Diego, and San Bernardino, California, we handle a wide range of accident cases, including slip and fall injuries caused by negligence on the property owner’s premises.
Our accident attorneys provide personalized attention to each client, working tirelessly to help them recover fair compensation for their damages, such as medical bills, lost income, pain, and suffering through settlements or trials.
If you or someone you know has been the victim of a slip, trip, or fall accident due to a hazardous condition like poor lighting or slippery floors, contact our injury lawyers for a consultation. We will evaluate your claim, gather evidence, and fight for your right to justice against the at-fault party, whether it’s a business, an insurance company, or another liable entity.
If you or a loved one has experienced a serious trip and fall injury in California, please contact us for a free consultation on your premises liability case (800)-561-4887.
California Slip and Fall Lawyers
What is A Slip and Fall Injury?
A “slip and fall” injury results from a person falling, slipping, or tripping on property that belongs to or is under the control of another person or company.
It might involve a fall due to water, ice, snow, or a foreign object. Other times, slick or uneven pavement or sidewalks may cause falls.
To have a claim for which the property owner or possessor will be liable for the damages caused by your injury from the fall, the fall must have resulted from someone else’s negligence, regardless of the fall’s cause.
Slip and fall is a broad category that is used to describe one of four kinds of fall-down accidents:
- Trip and fall, occur when a foreign object is in the pathway
- Stump and fall, occur when an impediment is on the walking surface, such as an unexpected bump
- Step and fall, occurs when an unexpected hole, such as an uncovered manhole, is in the walkway
- Slip and fall, occurs when the surface of the floor causes you to slip
Our experienced slip and fall accident attorneys provide expert legal representation and fight for maximum compensation for injury victims, handling all aspects of your premises liability lawsuit from consultation to settlement, including gathering evidence, negotiating with insurance companies, and securing expert witness testimony to prove negligence and damages in your case.
If you have been injured by one of the hazards listed above, you may have an accident case. Call our California slip and fall injury lawyers for a free consultation today. Call 800-561-4887 for a free consultation.
What Does a Slip and Fall Attorney in California Charge?
A premises injury lawyer practices personal injury cases in California, and most of them charge a contingency fee structure. They take on accident cases but are only paid if they win and from the proceeds.
Typically, this is around 33% of what they win, with the rest going to the plaintiff. Our lawyers also work very hard to negotiate your medical debts so that you can put more of the recovery in your pocket.
Our experienced slip and fall accident attorneys specialize in assisting individuals who have suffered spinal cord injuries, brain injuries, knee injuries, or nerve damage due to slip and fall accidents.
These accidents often result from negligent maintenance of floors, parking lots, or properties by landlords, grocery stores, or government entities.
We gather vital evidence, such as photographs, accident reports, and witness statements, to build a strong case. We aim to negotiate with insurance companies to secure the compensation our clients deserve, regardless of the circumstances.
Disclaimer: This is general information only and does not constitute legal advice for any specific situation. Consult a qualified personal injury lawyer for personalized guidance based on the unique facts of your case.
How Much is a Slip and Fall case Worth?
Certain slip-and-fall cases may yield settlements or jury awards that are higher than typical if serious injuries, significant damages, and apparent property owner liability exist. Situations with joint blame or mild injuries could yield smaller settlements, splitting the blame between both.
In the end, speaking with a knowledgeable personal injury lawyer who has handled cases similar to yours and is familiar with the local legal system can enable you to get a more precise estimate of the possible value of your particular slip and fall claim in California.
They will evaluate the evidence and form a strategy to maximize your compensation. Your injury lawyer must know everything about your accident so that no surprises down the road could harm your case.
California Statute of Limitations for Slip and Fall Injuries
In California, the statute of limitations states that a slip and fall victim has two years to file a personal injury claim. When those two years have passed, victims have lost the right to sue the entity that has caused their injuries. The deadline differs, though, when filing for property damage for trips and fall accidents.
For example, if you broke an expensive bracelet during the incident, claimants have three years to file a lawsuit against the negligent party under California Code of Civil Procedure Section 338.
Note that the procedure to file a slip, trip or fall claim may vary in regards to minors. If the child has sustained a catastrophic injury, such as a traumatic head injury in an accident, the parent or guardian would need to file a claim on behalf of the child.
When a settlement has been reached, the judge will decide how and when the money will be disbursed to the minor.
If your case is approaching the statute of limitations, call our experienced California slip and fall lawyers today to stop the clock.
California Slip & Fall Injury FAQs
To hold someone responsible for your “slip and fall” losses, there must have been a dangerous condition that caused your fall.
Most people, after a trip and fall incident, suffer from broken bones or a traumatic head injury and are confused about who to turn to for help.
The most frequently asked questions about slip, trip and fall cases include:
Some common causes of slip and fall accidents are as slippery or uneven sidewalks, potholes, steeply sloping driveways, slippery floor surfaces, uneven stairs or inadequate stair rails, blocked store aisles, bridge construction hazards, including falling debris, unsafe balconies or railings, poor lighting.
Your damages will be based on the extent of your actual damages. The more severe your damages, the more money you can expect in compensation. Your settlement can also include lost wages. You can also earn recovery for missed work due to doctor’s appointments or if you are in too much pain to have the ability to work.
If you can prove that your slip and fall was due to the negligence of the property owner or his/her employee, then you would be able to recover damages for pain and suffering, medical bills, future medical care, lost wages and potentially any reduction in future earning capacity.
Most slip and falls occur in stores or public areas, but if you do slip and fall in someone’s house and the owner has created an unsafe condition or allowed the continued threat of a known unsafe condition, he could be liable for your injuries.
If you fall or hurt yourself, the other party is liable only if you can prove that his actions were a breach of a legal duty of due care owed to you that resulted in your fall. When you hire a slip and fall lawyer in California, they will help you gather the proper evidence to prove liability and establish what damages you are able to recover from your case.
A person who owns, leases, occupies, or controls a property must use reasonable care to keep the property in a reasonably safe condition. He must use reasonable care to discover any unsafe conditions and to repair, replace, or give adequate warning of anything that could be expected to harm others.
If you have a serious injury, you want to hire the best California Slip and Fall attorney you can. The accident lawyers of Bisnar Chase have maintained a 99% success rate at winning personal injury claims for over 40 years. Contact our law offices at (800)-561-4887 for a free consultation.
Steps to Take After a California Trip and Fall Accident
If you have sustained serious injuries from an accident or incident it is important that you notify the property owner or the person who is overseeing the property immediately. They are responsible for the safety of those on their property.
The actions you take after being injured on someone else’s property will directly affect your ability to receive financial compensation for your medical bills and other related damages.
There are a number of steps you should take to protect your rights after a California premises liability case:
Call for help. If you have hurt your head, neck, back, or legs, you should not risk getting up. Stay where you are and call for help. If you have a cell phone, call 911.
Notify the authorities. An ambulance should be called, and the authorities should be notified that an injury accident occurred on the premises.
File a report with management. If the accident occurred at a place of business, the property manager should be told right away. Ask to fill out an injury report and obtain a copy of the report before you leave.
Collect contact information. Request the name, address and phone number of anyone who witnessed the accident. If you choose to file a claim, it could be helpful to have first-hand reports that back up your account of what caused the accident.
Take photos. If you have a camera or a smartphone, take photos of where the accident occurred. Make sure to photograph the hazardous conditions. Was the floor wet? Did you trip on debris? Was the carpeting uneven?
Did you trip on a broken stair? Were there signs, cones, or caution tape around the location? If not, take a wide enough photo to show that no warnings were posted. It is also advisable to photograph your injuries.
Seek immediate medical attention. Seeing a doctor right away will increase your chances of a full recovery. Furthermore, your medical records are legal documents that can be used in court to prove that you were injured.
As you get your needed care, document everything through billing statements, pain diaries, and even medical records. You can obtain medical records by contacting your doctor or the hospital where you received care.
You can often call the hospital or doctor’s office and ask for their medical records department. They will be able to assist you in getting all records pertaining to your injury.
Keep your records. It is important to keep organized records of all the financial losses you have suffered after being injured. Keep track of your medical expenses as well as your prescription drug bills, lost wages and other related damages.
Maintain a journal. If you sustained a serious injury, you may be able to receive financial compensation for the pain and suffering you endure during the recovery process. Keep a daily journal of your struggles since being injured.
Are there important activities you can no longer participate in because of your injuries? How have your life and livelihood been affected? Are you more stressed, depressed or fatigued since the accident?
Have you had to hire a housekeeper or a gardener because you have been unable to cook or maintain the house? These are important pieces of information that you would be well advised to document.
The Process of Filing Slip, Trips and Fall Claims
After you have received the proper medical treatment and have informed your doctor of how you’ve sustained your injury, an insurance adjuster will then try to touch base with you.
The insurance adjuster will contact you to potentially coax you into giving a recorded statement of what occurred.
Do not give a recorded statement without speaking to an injury attorney first.
Insurance companies will trick victims into saying the incident was their fault. At times, an adjuster will do this by having you agree with a statement that they stated.
Insurance companies will also try to trick an injury victim by stating they will receive the “full amount of compensation” for their injuries. “Full coverage,” according to the insurance company, may not be full coverage to you.
When you contact a California slip and fall lawyer, they will be able to assess whether the amount that the insurance company is offering you is enough to cover the costs of your medical expenses.
If you are looking to pursue a slip and fall lawsuit, you should meet with an attorney and provide medical documents, the report that was documented right after the accident, and the contact information of any witnesses.
Medical Costs and Treatment for a Trip and Fall Accident
Many underestimate the injuries that a victim can experience from a fall. If the victim is elderly or already has serious medical conditions, a fall accident can be life-threatening.
Immediately after the incident has taken place, people who experience this type of incident may need to be transported to an emergency room by an ambulance.
The cost of an ambulance ride can be up to $3,660. If a person does not have medical insurance or does not cover the entire cost, victims will have to pay out of pocket for the service.
Treatment following the injury can include rehabilitation, round-the-clock-care or even surgery which can be more expensive. According to data conducted by The Gerontologist: “Fallers were substantially more likely to suffer fractures and hospitalizations in the post-period than were non-fallers.
Fall-related LTCF and hospital costs were $6,259 (95% confidence interval = $2,034–$10,484) per resident per year.”
If you or a loved one has suffered a serious injury during a trip and fall and do not know who to turn to for compensation, contact a California slip and fall accident attorney.
When you pursue compensation for a trip and fall incident, you can potentially earn compensation for expenses such as medical bills, physical therapy, and surgical procedures.
Common Injuries Claimed in Premises Liability Cases
When a person obtains injuries from falling, the injuries can keep a person from completing even the smallest of day-to-day tasks. The incident may result in catastrophic injuries and permanent disabilities.
Injury victims may have to spend several days in the hospital and possibly months in rehabilitation and physical therapy. They may also incur tens of thousands of dollars in medical expenses and even more in lost wages due to the time they must take off work to recuperate from their injuries.
If you have suffered injuries in a slip and fall accident, there are several steps you can take to ensure that your legal rights and best interests are protected.
Wherever the fall has occurred, the property owner has a duty to keep visitors safe. When property owners breach that “duty of care,” victims deserve to win recovery for the harm they have experienced.
Types of personal injuries claimed for premises liability include:
- Broken bones
- Back injuries
- Concussions
- Soft tissue
- Cuts and lacerations
- Internal bleeding
- Coma
- Death
Slip and Fall Accident Statistics
- The Centers for Disease Control and Prevention stated that over 10,000 Americans experience falls each day, and every year, over two million will suffer from fall injuries.
- Over a million Americans visit emergency rooms annually for slip and fall injuries, with over 300,000 hospitalized.
- In 2022, falls, slips, and trips were the second-most common fatal event for workers in California, at 16%, behind transportation incidents.
A “trip and fall” injury results from a person falling, slipping, or tripping on property that is under the ownership or control of another person or company.
It might involve a fall due to water, ice, snow, or a foreign object. Other times, slick or uneven pavement or sidewalks may cause falls.
Some common causes of slip and fall accidents are as follows:
- Slippery or uneven sidewalks, cobblestones, or pavement
- Potholes
- Steeply sloping driveways
- Slippery floor surfaces or floor coverings
- Oil, grease, water, liquids, or food on the floor
- Uneven stairs or inadequate stair rails
- Mats or rugs that become unanchored or loose
- Rain, snow, or ice
- Blocked store aisles
- Bridge construction hazards, including falling debris
- Unsafe balconies or railings
- Poor lighting
If one of the dangers mentioned above caused you harm, you might have a premises liability case. Call our California slip and fall attorneys for a free consultation. Call 800-561-4887 today.
California Slip and Fall Settlements
No matter what the cause of the fall was, it must have been caused by the negligence of another in order to have a claim against the property owner or possessor.
If successful, the claim will hold the property owner or manager responsible for the damages caused by your injury from the fall.
Premises liability is a broad category that is used to cover four kinds of fall down accidents:
- Trips and falls occurs when a foreign object is in the pathway
- Stump and fall, occurs when an impediment is on the walking surface, such as an unexpected bump
- Step and fall, occurs when an unexpected hole, such as an uncovered manhole, is in the walkway
- A fall occurs when the surface of the floor causes you to slip
People who endure these types of incidents always doubt that they have the ability to win recovery and ask initially if a trip and fall accident case is difficult to settle.
Slip and fall cases can be difficult to settle at times due to the fact that a property owner may not want to take responsibility for the incident.
California property owners and managers are responsible for keeping walkways clear and dry, repairing damaged steps and railings, and posting warning signs around areas that need repair. They must also act within a reasonable time to fix a hazardous location. Failure to do so is a form of negligence.
Call our injury law firm today to see if you qualify for a slip and fall settlement. An experienced California slip and fall attorney can help determine a path to financial compensation.
Liability for Your California Slip and Fall Injury
For you to prevail in your slip and fall case, one of the most important things you will have to prove is that the owner of the property where you fell either created, had prior knowledge of, or through the use of reasonable diligence, should have gained knowledge of the hazardous condition and the negligence of the store.
These are often the most difficult things to prove as well. This is due to the fact that the evidence that you need to prove these elements will often be in control of the store and will be more accessible to them.
What you want to show is that the store either had actual knowledge of the dangerous condition (they were told of the condition), constructive knowledge (evidence that the store should have discovered the condition through reasonable care) or created the dangerous condition.
To establish constructive knowledge, you want to show that the condition existed for a long enough period that the owner or his/her employee should have known about if he/she had been acting in a reasonable manner (such as conducting timely inspections of the store).
To hold someone responsible for your slip and fall losses, there must have been a “dangerous condition” that caused your fall. The dangerous condition must be specifically identified.
A reasonable person seeing the condition must judge it to be unreasonably dangerous. The condition cannot be so evident that a reasonable person would have appreciated it and avoided it.
A factor to consider when filing an accident claim is the type of premises insurance the property owner has. Victims who are seeking compensation for a California premises liability injury must be aware of whether the negligent party has the means to pay for the damages. An experienced California personal injury lawyer can help you. Call 800-561-4887.
Willful Failure to Warn By Property Owners
Civil Code section 1714(a) declares that:
“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, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”
This California law specifies that property owners or overseers of the property have the responsibility to maintain the state of their premises. Anyone who is harmed due to an owner neglecting their property can claim an injury.
If the owner was made aware of an issue and a victim, for example, suffered knee pain after a fall on the concrete in a store parking lot, this can be legally labeled as careless.
If you believe you have a failure to warn injury claim, call our experienced California slip and fall attorneys for a free and confidential consultation. Call 800-561-4887 today.
Comparative Negligence for a Trip & Fall Case
A person can be at fault for their injury. California operates under a legal defense known as comparative negligence, which means one or more parties can cause an accident. Compensation will vary according to how much the victim was at fault in the slip-and-fall.
An example of comparative negligence in a trip-and-fall incident is if a person decides to run on a slippery, wet floor even though a “caution when wet” sign has been placed. The courts would determine what percentage an injured person would receive for their case.
Workers' Compensation for a Slip and Fall
Workers’ compensation is a form of insurance that provides medical benefits and wage replacement to employees injured on the job, in exchange for mandatory relinquishment of the employee’s right to sue their employer for the tort of negligence.
OSHA (Occupational Safety and Health Administration) is an agency of the United States Department of Labor which makes sure businesses are treating employees safely, appropriately and that their work environments are safe, hazard free and following mandatory safety guidelines, rules and regulations.
If companies fail to meet safety requirements, they risk the possibility of fines, penalties and legal situations that can cost them millions of dollars.
Learn more about safety regulations, work environment standards and workers’ compensation at OSHA.
Proving Your Slip and Fall Accident Case
For you to prevail in your premises liability case, one of the most important things you will have to prove is that the owner of the property where you fell either behaved negligently.
This means they created, had prior knowledge of, or, through reasonable diligence, should have gained knowledge of the hazardous condition.
These are often the most difficult things to prove. This is because the evidence that you need to prove these elements will often be in control of the property owners and will be more accessible to them.
What you want to show is that the store either had actual knowledge of the dangerous condition (they were told of the condition), that they had constructive knowledge (evidence that the store should have discovered the condition through reasonable care), or they created the dangerous condition.
To establish constructive knowledge, you need to show that the condition existed for a long enough time period that the owner or his/her employee should have known about if he/she had been acting reasonably (such as conducting timely inspections).
Key factors that impact a slip and fall settlement
Severity of injuries: More severe injuries that require extensive medical treatment, long recovery times, or permanent disability typically result in higher settlements.
Medical expenses: The cost of medical bills, ongoing care, physical therapy, and medications related to the slip-and-fall injury directly influences the settlement amount.
Lost wages: If the injury causes the victim to miss work or lose earning capacity, the settlement may include compensation for past and future lost income.
Pain and suffering: Non-economic damages like pain, emotional distress, and loss of enjoyment of life can increase the settlement, with the amount based on the severity of the injury’s impact.
Comparative negligence: In California, if the victim is found partially at fault for the slip and fall, the settlement may be reduced proportionally based on their percentage of fault.
Property owner’s liability: The extent to which the property owner was negligent in maintaining safe conditions and whether they had knowledge of the hazard can affect their liability and the settlement amount.
Insurance coverage: The property owner’s insurance policy limits can cap the potential settlement amount, regardless of the damages incurred.
Strength of evidence: Solid evidence, such as witness testimony, surveillance footage, or expert opinions, proving the property owner’s negligence can lead to a higher settlement.
Skill of legal representation: Experienced slip and fall attorneys can build strong cases, negotiate effectively with insurance companies, and fight for maximum compensation, impacting the ultimate settlement amount you will get.
If you have legal questions about your case, contact our California slip-and-fall attorneys for a free case evaluation.
No-Win, No-Fee Injury Attorneys
For over four decades, Bisnar Chase has protected injured plaintiffs and sought justice. Our law firm will not charge you unless we win your case. We are so confident in our legal representation that there is no fee if we don’t win.
“They were always diligent in following up and keeping me updated of where they were with the process. When the process was completed they called me and I came in and everything was handled with the banks. They did everything. They actually doubled the original offer from the insurance company.”
-Client testimonial
2024 Top-Rated California Slip and Fall Lawyers
If you have suffered a slip and fall injury in California, it is crucial to consult experienced slip and fall injury lawyers who are well-versed in California fall injury laws and can provide the legal representation you need to seek compensation for your injuries.
Bisnar Chase Personal Injury Attorneys have a stellar track record of fighting for the rights of slip-and-fall personal injury victims in California.
It is common for property owners and insurance providers to deny responsibility for these types of accidents and for victims to struggle to get the compensation they need.
An experienced California slip and fall lawyer will fight for the victim’s right to fair compensation for medical bills, lost wages, mental anguish, the cost of rehabilitation services, and other related damages.
If you need quality representation without having to pay upfront, consider talking with us. We promise our clients that you will have all fees advanced for your case until the end.
Bisnar Chase’s premises injury attorneys serve accident victims in various regions, such as Orange County, Los Angeles, San Bernardino, and Riverside County.
Call us at (800)-561-4887 for a free case analysis.
