Slip and Fall Accident

How to Determine Liability?

 

Did Your Carelessness Contribute to the Accident?

 

Statute of Limitations on Slip and Fall

 

Average Slip and Fall Settlement

 

A slip and fall accident is also known as a California premises liability accident. Property owners are required to maintain their properties in a reasonably safe condition or to warn others if there are dangers that are not open and obvious. They must also be aware of new dangerous conditions that occur and post a warning within a reasonable time frame. If you are a victim of an injury because of a slip and fall and you have evidence to determine the owner’s liability, you may have a legitimate premises liability claim.

 

How to Determine Liability?

 

Only one of the following is required to show liability on a California premises liability claim:

• A person associated with the property must have caused the slippery or dangerous situation
• Someone associated with the property had known of the dangerous situation and did nothing about it within a reasonable amount of time.
• The person associated with the duty of care for that area should have known of the danger because a “reasonable” person would have known and given notice.

The situation that occurs most often in these claims is the third one where the owner “should have reasonably known” of the danger. This makes it the hardest one to prove liability because the “should have reasonably known” is determined by the judge or jury.

 

Did Your Carelessness Contribute to the Accident?

 

The judge or jury will take into account whether your carelessness contributed to the accident.

• Was it reasonable that you were in the dangerous area before the accident?
• Were there any signs notifying you of the potential danger?
• Were you doing anything that could have distracted you right before the accident? For example, texting/looking at your phone or running around carelessly.
• Would a “careful” person have easily avoided the dangerous spot?

It would be beneficial for you to describe to the insurance adjuster exactly what you were doing so it is clear you were not careless in your actions.

 

Statute of Limitations on Slip and Fall

 

California Code section 335.1 sets the time limit to file your premises liability claim at 2 years from the incident.

 

Average Slip and Fall Settlement

 

The average slip and fall settlement is usually within the tens of thousands of dollars. The settlement amount is all dependent on the severity of the injuries and the amount of liability found. Some claims may settle in the hundred of thousands and even millions. It will all depend on the details of your case. Seek out an experienced premises liability attorney to handle your case. Contact us at Smith Trial Group to help you gain the most compensation out of your case.

Slip and Fall Settlement Amount Determined by 

 

The total slip and fall settlement amount is a combination of the following calculated damages related to the accident:

• Medical bills
• Physical therapy
• Continuing medical care
• Lost wages
• Lost earning capacity
• Scarring or disfigurement
• Pain and suffering