Fall in a Public place
If you or a family member suffered a fall in a public place, Lluis Law’s personal injury lawyers can help you in whatever you need. Whatever your compensation needs, Lluis Law’s expert attorneys have more than 40 years of experience in representing injured people in the Los Angeles area.
Accidents due to falls and slips in public places are quite frequent and people often ask themselves: whom can I sue to collect compensation for the injuries? Such injuries can be very serious, from head injuries, back injuries, broken bones, hip fractures, injuries to arms, wrists or hands to death.
They are unpredictable accidents for which no one is prepared and very often do not know what to do, except seek medical help as soon as possible to treat the wounds and relieve the acute pain left by the injuries.
The expenses resulting from an accident or fall in a public place may be the responsibility of the owner of the store or the building. Business owners have an obligation to keep their properties safe.
So if a person suffers a slip and fall in Los Angeles, your personal injury lawyer will surely study all available options to try to recover damages or losses.
If the accident occurred in a public place, it is possible that the owner of the store, the ice cream shop, the cinema or the building (public or private) is responsible, and should analyze very well together with his personal injury lawyer, which are the options available for your case.
Most frequent causes of accidents due to fall
Almost always accidents due to slips and falls are caused by bad conditions of the surfaces where pedestrians travel: streets, sidewalks, floors, stairs, etc. The owners of public and private establishments have the obligation to maintain their facilities in optimal conditions to prevent people from falling and injuring themselves.
The unsuspecting pedestrian may believe that the accident was his fault, but a closer look at the accident may change his view of things and he may be able to obtain compensation if he was injured. The most common causes of accidents due to falling in public places are usually:
– Wet, wet, slippery floor.
– Bad lighting.
– Wrinkled or damaged carpets.
– Obstacles in the road (rocks, equipment, merchandise).
– Unevenness in the street, holes or irregularities.
– Sidewalks raised.
– Cables lying on the ground.
– Roots of trees that break sidewalks or streets.
– Ladders without skid protectors on the steps or with no guardrails.
Compensation available for accidents due to falls
The compensation benefits for personal injuries suffered due to slip and fall in a public place can be several. Here we mention some of them:
– Various medical bills (hospital care, medications, treatment).
– Surgeries and specialized exams.
– Rehabilitation therapies.
– Lost wages.
– Pain and suffering.
– Special attention for life (permanent disability).
In this type of accidents it is not convenient to let many days pass because the action may vanish because the person responsible can claim that the case did not have the relevance that the lawyer and his client want to give him. But also time counts for legal purposes.
Whether you decide to file a claim through the responsible party’s insurance or in a lawsuit in court, there are two rules that must be carefully analyzed in these personal injury cases. The first is the California Statute of limitations and the second the Rule of pure comparative negligence (shared failures as it is also known).
Statute of Limitations for Falls in California
This state law establishes a time limit for people to file a lawsuit before the state judicial system. The term varies according to each case. For an action for personal injury or death of a person, caused by the negligence of another, the period is two years from the date of the accident. Sometimes this time can be stopped or started again.
In any case, the negligence of the responsible party (cited in the California Code of Civil Procedure, Section 335.1) by not maintaining the premises in safe conditions of passable, must be demonstrated by the victim or his attorney, who will explain what is the best strategy in your specific case.
Rule of comparative negligence in cases of slips and falls
In California, in any accident involving personal injury, the victim must know that the other party or his insurance company will invoke the rule of pure comparative negligence. This argument is useful for the lawyer of the responsible party to try to “distribute the blame” so that his client pays less or saves his responsibility.
The help of an experienced personal injury lawyer is very necessary in these cases to legally counteract this argument and get a flawed judgment from the court. If the court awards the victim some responsibility, the value of the liquidation settlement of the compensation will be lower.
The arguments that the owner of the place can invoke are varied, according to his imagination and ability. For example:
– The victim was located in a non-permitted area of the site where there was even enough safety signage.
– The person walked distracted and it was his own carelessness that caused the accident.
– The shoes of the person and not the surface of pedestrian traffic in bad conditions, was what caused the accident.
Accordingly, the California court that takes the case will decide the amount to be paid by the responsible party based on the pure comparative negligence rule. It means that if the lawsuit filed is for $ 100,000 and the court assigns the victim 25% of the fault, then the amount of compensatory damages you will receive will be $ 75,000.
At the end of the trial, the court will order the owner of the premises or any other responsible, pay the victim this sum. Sometimes when the responsible party and their lawyer know that they may lose their judgment, they may try to negotiate an agreement before a failure occurs.
If you need help from an accident lawyer in public places for the purposes mentioned above, do not hesitate to contact us for a free consultation. Our telephone number is (213) 320-0777.
Address: 205 South Broadway, Suite 1000 Los Angeles, CA 90012. Tel: (213) 687-4412 Fax: (213) 687-3441.