Posted on Tuesday, January 21st, 2020 at 12:48 am
A slip and fall claim can arise from a variety of accidents. When you go to the grocery store, the county tax office, restaurant, or doctor’s office, you could sustain a serious injury from a fall. An unexpected fall at an amusement park or while visiting a friend could result in medical bills and loss of income. Property owners are required to maintain safe premises for visitors. If not, they could be subject to a slip and fall claim under California’s premises liability laws. This requirement includes owners of private property, residential homes, commercial property, and government property.
A Property Owner’s Duty of Care to Protect Visitors
When a property owner fails in the duty of care to warn visitors of hazards on the property or reasonably maintain the property to avoid falls and injuries, the property owner may be held liable for damages caused by a fall and injury. Examples of instances that might give rise to a slip and fall claim include, but are not limited to:
- Failure to warn of wet floors or other hazards
- Failing to repair broken steps
- Inadequate lighting
- Broken flooring or worn carpets
- Failing to secure a swimming pool
- Failing to fill holes or place warnings of holes
Many circumstances can result in a slip and fall claim. Regardless of how the fall occurs, there are certain steps that you should take when filing a slip and fall claim.
Five Steps for Filing a Slip and Fall Claim in California
Step One: Report the fall immediately to the property owner.
If the property owner is not available, report the fall to an employee, manager, or other individual who works for the property owner.
Step Two: Collect evidence from the accident scene.
You need to document the accident scene and collect as much information as possible after the fall. Use your cell phone to take pictures of the accident scene and make notes of any statements made by the property owner, witnesses, and others. Ask witnesses for their names and contact information.
Step Three: Seek medical attention immediately.
If you were injured or you are unsure if you are injured, do not try to move. Ask someone to contact emergency medical services for assistance. If you determine you do not need emergency services, you should see a doctor as soon as possible after a fall. Falls can be shocking and frightening. You may not be aware of your injuries because of the flood of adrenaline that usually results after a startling accident. Seeking medical care is important for your injury claim. Delays in medical care can hurt your claim.
Step Four: Keep everything.
Store the clothing and shoes you were wearing at the time of the accident in a plastic bag. These items could become evidence in your case. Keep copies of all medical bills, receipts, statements, and other information related to your fall, injuries, and recovery.
Step Five: Contact a Sacramento Slip and Fall Attorney
Contact a California premises liability attorney to discuss your case as soon as possible. An attorney listens to what happened, evaluates your case, and provides legal advice and guidance. Premises liability claims can be complex. It is best to have an experienced attorney file your claim so the attorney can deal with the property owner, attorneys, and insurance providers.
Call our California Premises Liability Lawyers for a Free Case Review
If you are injured in a fall, call The Tiemann Law Firm at (916) 999-9000 to schedule a free legal consultation with one of our attorneys to discuss your slip and fall claim.