Experienced Slip and Fall Lawyers and Attorneys Who Will Fight for You
Slip and fall accidents occur for a variety of reasons, but are often associated with dangerous conditions such as wet floors, uneven walking surfaces, and inclement weather like snow, sleet, and ice.
According to the National Floor Safety Institute, slip and fall accidents account for nearly 1 million hospital emergency room visits in the United States annually. These accidents can happen anywhere from a grocery store to a shopping mall. Many people—especially those who are over the age of 65—sustain serious injuries in slip and fall accidents.
Slip and fall accident victims who were injured as a result of someone else’s negligence may be entitled to compensation for their medical expenses, lost wages, and pain and suffering.
Contact the seasoned slip and fall accident attorneys at Carpenter & Zuckerman today for a FREE consultation. Our team of dedicated trial lawyers has been representing accident victims for over 25 years, consistently fighting to obtain the maximum compensation possible in each case.
Determining Liability for Your Slip and Fall Accident
Many people assume that property owners are automatically held liable in slip and fall accidents, but that is not the case. While it’s true that property owners are responsible for maintaining safe conditions on their properties, there are also other elements that must be proven in order to establish liability.
To hold a party liable, an injured plaintiff still must be able to prove:
The defendant owned, controlled, or leased the property at the time of the accident.
The defendant was negligent in maintaining safe conditions on the property, or was using the property improperly.
The plaintiff was harmed while on the property.
The defendant’s negligence caused the plaintiff’s harm.
Out of these four elements, proving that the property owner acted negligently is the most difficult. To prove negligence, you must be able to show that one of the following occurred:
The property owner (or one of their employees) created the hazardous condition.
The property owner (or one of their employees) knew about the hazardous condition but did not make an effort to fix it.
The property owner (or one of their employees) should have known about the hazardous condition because a “reasonable” property owner would have known about it.
Comparative Negligence in Slip and Fall Accidents
The concept of comparative negligence often comes up in slip and fall cases. California is a pure comparative negligence state, which means the plaintiff may still be awarded compensation in a slip and fall case even if they are partly to blame for their injuries.
With the application of comparative negligence, the amount the plaintiff receives will be reduced based on their share of liability in the accident. For example, let’s say the court finds that the plaintiff was 30% responsible for the slip and fall accident, while the defendant was 70% responsible. In this scenario, the plaintiff would only receive 70% of the compensation awarded to them, rather than the full 100%.
Common Slip and Fall Injuries That May Require an Attorney
Slip and fall accident victims can sustain injuries ranging in severity from minor to catastrophic. Some of the most common injuries in slip and fall cases include:
Slip and fall accidents happen in an instant. Victims often do not have enough time to assume a defensive posture to protect their bodies from injury before hitting the ground. As a result, sprained ankles and wrists are common injuries sustained during slip and fall incidents.
Your shoulder can become dislocated as a result of a slip and fall accident. It’s also possible to injure the brachial plexus cluster of nerves that is located near the shoulder. If you injure these nerves, you may experience lingering pain in your arm, shoulder, and hand for quite some time after the accident.
The vast majority of reported hip fractures in the United States are caused by some type of fall. Hip fracture victims typically require surgery, along with months of therapy and rehabilitation.
A slip and fall or trip and fall can lead to muscle strains and injuries that result in back pain for years to come. For example, the fall victim may suffer from a lumbar strain that causes damage to tendons and muscles in the lower back. In addition to pain, victims may feel numbness, tingling, and muscle weakness.
It’s fairly easy to damage the vertebrae in your back during a slip and fall accident. Spine injuries such as slipped discs, herniated discs, and spinal cord damage are all common injuries experienced by slip and fall accident victims.
Many people hit their heads on the ground or other objects during a slip and fall accident. Some slip and fall victims may only suffer from a mild concussion as a result of the accident, while others may develop a moderate or severe traumatic brain injury.
If you have been injured in a slip and fall accident, it’s imperative that you seek a medical evaluation as soon as possible after the accident. You should also consult with a qualified slip and fall accident attorney to discuss your legal options.
Injured in a Slip and Fall Accident? Call CZ Law Today!
If you have been injured in a slip and fall accident, don’t hesitate to contact the law firm of Carpenter & Zuckerman to discuss your personal injury case. Proving liability in a slip and fall accident can be complex, so it's best to retain an experienced slip and fall attorney as soon as possible after your accident in order to recover the compensation you deserve.
The dedicated personal injury attorneys at Carpenter & Zuckerman have procured more than $2 billion in settlements and verdicts for injury victims since the firm’s establishment in 1995.
CZ Law proudly serves California and beyond, with offices in Beverly Hills, Los Angeles, Orange County (Garden Grove), Irvine, San Diego, Bakersfield, and Las Vegas.
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The information contained on this page is for informational purposes only and is not to be considered advice from a qualified attorney. If you require legal assistance, we highly recommend you speak to a qualified attorney. By reading this post, you agree this information is for informational use only and agree to hold Carpenter & Zuckerman harmless for any losses or damages as a result of this information. For more information, view our full disclaimer.
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