Encino Slip and Fall Lawyer

Encino Slip and Fall Attorney

A slip and fall accident happens when someone loses their balance and then falls to the ground. The accident usually happens because of a slippery floor, uneven ground, a wet area, or another hazardous condition that results in an injury. An Encino slip and fall lawyer can discuss how to bring a claim for a slip and fall accident in California and answer any questions you have.

Both landowners and property managers remain responsible for making the conditions on their properties safe. If conditions are unsafe, you can seek compensation under California law.

How Are Slip and Fall Accidents Caused?

Usually, a slip and fall accident happens because of a hazardous condition on a property, such as a wet floor, a loose rug, poor lighting, an uneven step, or a spill. With outdoor accidents, sometimes weather-related or concealed hazards may also cause an accident.

These types of cases are usually a premises liability matter, which means it’s a type of personal injury case where the property owner might be responsible legally if the hazardous condition was not addressed properly.

What Injuries Are Common for Slip and Fall Cases?

There are some common injuries that tend to result following a slip and fall accident, including hip injuries, head injuries, spinal cord and general back injuries, concussions, traumatic brain injuries, sprained muscles, cuts and scrapes, and broken bones. This list is not exhaustive. A knowledgeable attorney can help decide if your injuries were the result of a slip and fall incident.

What Duty of Care Do Property Owners and Management Owe?

Property owners and managers have a legal duty to ensure your safety while you are on their property. They must ensure their property is safe for everyone visiting the property, including visitors, customers, tenants, delivery workers, or someone who is just visiting. They must make sure the property does not have any structural issues that might cause a slip and fall accident, trip and fall injury, or any other accident.

You also have a duty to exercise reasonable care, meaning if any action you take contributes to your own accident, you might share a portion of the negligence that led to the accident. Yet, even if you were partly at fault, a skilled lawyer might still be able to help with accident recovery.

What Can an Attorney Do for My Slip and Fall Claim?

An attorney can be crucial in a slip and fall accident case. They can:

• Take photographs and document relevant measurements of the accident site right away.
• Preserve any relevant evidence from the accident scene.
• Retain an accident safety engineer to examine the accident site and address any potential building code violations.
• Work with accident scene investigators to gather crucial evidence.
• Help present your case in the most favorable manner.
• Address any remedial measures taken by the landowner/property manager following the accident.
• Determine whether any prior accidents took place at the same location, which helps prove prior notice of the hazardous condition caused by your accident.
• Help you recover a significantly higher amount of damages.

How Is Fault Proven in an Encino, CA, Slip and Fall Case?

In California, your legal counsel can use evidence gathered during their case investigation to prove the party that caused your accident is responsible for any claimed damages. Your attorney can argue the failure to maintain the property in a safe condition was the direct cause of your accident and the resulting injuries.

Your attorney can address liability and prove negligence, meaning the property manager/landowner needed to take reasonable precautions to keep their property safe and protect people from injuries. They owed a legal duty to make sure visitors could move around the relevant property safely and should have taken measures to make sure anyone on the property stayed safe.

Once your attorney can prove a duty of safety was owed, they’ll work to prove the duty was breached by showing the property wasn’t maintained safely and there was a dangerous condition. Many dangerous conditions have been found on properties, including failing to remedy an icy path or not warning visitors about a wet spill on the floor.

Additionally, you’ll need to prove a connection between the breach of the owner’s duty that led to your slip and fall accident in Encino, CA. An attorney can address what the property manager/landowner should have done to prevent injuries. If someone else caused your injuries, you can likely seek compensation for your losses.

What Compensation Could You Potentially Acquire in a Slip and Fall Matter?

For a slip and fall accident, you can seek to recover the costs directly resulting from the injuries suffered during the fall. Typically, the damages awarded in slip and fall matters are either financial damages or non-financial damages.

Economic damages are usually easily documented, such as bills for medical treatment, doctor’s visits, medications, or other related medical costs. Also, economic damages can include lost wages, future lost earning capacity, or any future medical bills.

Non-financial damages are without a set value, as they tend to be emotional or psychological damages like pain and suffering or mental distress. An attorney can discuss the estimated amount you could expect to recover for this type of damages during an initial consultation.

Should I Settle My Slip and Fall Claim or Go to Trial?

There are risks and benefits to settling your claim. The facts of your case are likely to determine whether you decide to go to trial. A settlement can potentially resolve quickly, while a court case can take a longer period of time.

With a negotiated settlement, you’ll likely be paid at least some amount since you’ll get an agreed-upon amount. If you go to trial, you could end up with a significantly higher recovery. However, the court might rule against you; you might get much less than you could have with a settlement, or an award could be reduced by your own negligence.

Let an Encino, CA, Slip and Fall Attorney Help You Get the Recovery You Deserve

At Freeman & Freeman, LLP, we are on your side. We’re happy to discuss the compensation you deserve for your slip and fall case. Contact us right away to set up a free initial consultation or to allow our team to answer any questions you might have.