Compensation Claims For Slip & Falls
Offering Guidance In Your Personal Injury Case
Though car accidents are the most common type of accidents, sometimes people are injured during the simple act of walking. Slip and fall incidents can be surprisingly dangerous, and cause a number of serious injuries that can lead to expensive medical bills.
At the Kohn Law Office, Attorney Russell Kohn represents people injured in slip and fall accidents. With more than 35 years of experience as a personal injury lawyer, Mr. Kohn understands what it takes to recover compensation for all types of issues. He can help you seek damages to cover medical bills, lost wages, pain and suffering, and other expenses.
For a free consultation, please call 760-721-8182 today.
Common Slip And Fall Accidents
Slip-and-fall accidents usually happen on unsafe surfaces. These can include surfaces that are wet, slick, or uneven. You may slip on wet tiles, stumble on broken stairs, or trip over ripped or bunched-up carpeting.
A slip-and-fall accident can happen anywhere, but some common sites include:
- Grocery stores and discount retailers
- Shopping centers and restaurants
- Parking lots
- Homes, apartments, and condominiums
What Constitutes Slip and Fall Cases in California?
A slip and fall case is a lawsuit that stems from an incident where a visitor gets hurt due to a dangerous condition on the premises. While it often involves slipping and falling, it is by no means restricted to that narrow scenario. Examples of slip and fall cases include:
- Tripping on a hidden obstacle
- Tripping on an uneven sidewalk
- Falling into a hidden sinkhole
- Falling through a weak floor or step
To have a slip and fall case, you must be able to prove, at a minimum, that:
- Duty of care. The property owner or manager has a duty to inspect the premises and address any hazardous or dangerous conditions. This duty varies depending on the jurisdiction and whether it is a commercial property that allows invitees (e.g. shoppers) or a homeowner who invites licensees (e.g., friends and family) onto the property.
- Hazardous condition. A hazard or an otherwise dangerous condition existed on the property.
- Knowledge. The property owner or manager had previous knowledge or notice of the hazardous condition.
- Damages. The victim was allowed on the property (even though the condition existed) and suffered an injury. Damages include economic damages (e.g., wage losses and medical bills) and non-economic (pain and suffering). In some jurisdictions, depending on the facts and circumstances, punitive damages may be sought to punish the wrongdoer and to prevent similar behavior in the future.
These elements of a slip-and-fall case may seem straightforward, but they can become complex. The standard of proof is a preponderance of the evidence, meaning you must show that more likely than not, the property or business owner was responsible and, thus, is financially liable.
Common Causes of Slip and Fall Accidents in California
To have a slip and fall case where you can obtain compensation for your injuries, an unsafe or hazardous situation must have existed. Common situations include but are not limited to:
- Wet floors or bad flooring
- Poorly lit areas or unmarked step-offs
- Poorly maintained sidewalks
- Unsafe stairs, broken or missing handrails
- Poorly operating escalators or poorly maintained elevators
- Boxes or other items poorly placed or left in the path of foot traffic
- Mishandled or mislabeled liquids, food, or chemicals (can cause burns)
- No warning or hazard signs
Another common cause of slip-and-fall accidents is product defects. Product defects can cause serious injuries, but identifying liability and proving the defect caused the harm can be difficult. That is why it is important to have a skilled personal injury attorney who has been involved with similar cases on your side.
These situations are merely examples. Conditions creating a slip-and-fall accident can materialize in many different ways.
Common Slip and Fall Injuries in Oceanside
Slip and fall-related injuries vary greatly. The type and extent of the injury depends on the accident itself as well as the location, the environment, what the victim was doing, the victim's age, the victim's overall health or pre-existing conditions, and more. As such, injuries range from bruises to death.
Many of the following types of injuries result from slip-and-fall accidents:
- Broken bones or multiple fractures
- Bruises, sprains, strains, or soft tissue damage
- Bone or joint dislocation
- Ruptured or herniated disks
- Cuts, lacerations
- Neck and back injuries
- Head injuries
As mentioned, an injured person's existing health condition can impact the severity of the injury. Elderly and frail victims of slips and falls can suffer hip injuries that, statistically, lead to premature death. Younger victims also suffer when the injury creates significant setbacks and impairs their ability to work in their chosen profession or prevents participation in activities they enjoy for sport or recreation.
It is important to seek medical attention as soon as possible to prevent long-term side effects. In addition, the longer you take to report the accident, gather witness information, and document the scene can make your case more difficult to prove in court and get you the compensation you deserve. Taking these steps is an essential step in slip/trip and fall cases. When you are able, contact a personal injury attorney in Oceanside at the Kohn Law Office to help cover your expenses.
Getting The Help You Need
People involved in slip and fall accidents may suffer injuries ranging from broken bones to brain injuries serious back or spinal cord injuries. These types of accidents can also cause wrongful death and pain and suffering. Attorney Kohn offers 30 years of experience and a no-obligation initial consultation to help you when you need it most.