Premises Liability Law
Know your rights, prove your case, and get the compensation you deserve
A slip and fall claim in California is a colloquial name for a personal injury lawsuit aiming to hold a property or business owner responsible for failing to keep the premises safe for visitors. Not all slip and fall accidents, however, lead to premises liability and personal injury lawsuits. When they do, however, you are entitled to compensation.
At Beahm Law, our premises liability and personal injury attorney in the Bay Area will investigate your case and help you obtain full and fair compensation. Property owners have a duty to maintain their premises and keep them safe. When they fail to do so, we make sure they are held accountable.
Contact us at 415-523-5555 to schedule a Free Consultation.
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.
Tripping on a hidden obstacle, loose carpeting, or uneven surfaces
Sliding on an icy parking lot, wet floors, or slippery sidewalks
Falling into a hidden sinkhole or through weak floors and steps
Broken steps, missing handrails, or unsafe escalators
To have a valid slip and fall case, you must be able to prove, at a minimum, these four critical elements:
The property owner or manager owes 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 hazard or an otherwise dangerous condition existed on the property. This could be anything from wet floors to broken stairs, poor lighting to hidden obstacles.
The property owner or manager had previous knowledge or notice of the hazardous condition. This can be actual knowledge (they knew about it) or constructive knowledge (they should have known about it through reasonable inspection).
The victim was allowed on the property (even though the condition existed) and suffered an injury. Damages include:
Standard of Proof: These elements may seem straightforward, but they can become complex. The standard is a "preponderance of the evidence," meaning you must show that more likely than not, the property or business owner was responsible and financially liable.
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:
Spills, leaks, recently mopped surfaces without warning signs, or deteriorating floor materials
Inadequate lighting in stairwells, parking lots, or unmarked step-offs and elevation changes
Cracked, uneven, or broken concrete creating tripping hazards
Broken or missing handrails, unstable steps, or non-compliant stair construction
Poorly operating escalators or poorly maintained elevators creating dangerous conditions
Boxes or other items poorly placed or left in the path of foot traffic
Mishandled or mislabeled liquids, food, or chemicals that can cause burns or slips
Failure to post hazard signs or caution tape around dangerous conditions
Important: These situations are merely examples. Conditions creating a slip and fall accident can materialize in many different ways. If you've been injured on someone else's property, contact our team to evaluate your specific situation.
According to the Centers for Disease Control and Prevention (CDC), millions of slip and fall accidents occur yearly, with thousands resulting in death and even more resulting in serious, complicated injuries.
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.
Arms, legs, wrists, ankles, hips, and ribs are commonly fractured in falls
Muscle tears, ligament damage, and deep tissue bruising
Shoulders, knees, and hips can be dislocated from the impact
Spinal disk damage causing chronic pain and limited mobility
Deep cuts requiring stitches, potentially causing permanent scarring
Whiplash, vertebrae fractures, and chronic back pain
Concussions, skull fractures, and severe brain trauma affecting cognitive function
In the most tragic cases, slip and fall accidents result in fatal injuries
An injured person's existing health condition can impact the severity of the injury:
Elderly Victims: Elderly and frail victims of slips and falls can suffer hip injuries that, statistically, lead to premature death. Older adults face higher risks of complications and longer recovery times.
Working Adults: 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.
As you can see, slip and fall accidents can lead to serious bodily, emotional, mental, social, and financial consequences for the victim.
Parties legally responsible for the damages caused to a person due to a slip and fall accident are liable for those damages. Anyone can potentially be responsible, but when it is a slip and fall accident, the usual culprits are:
Retail stores, restaurants, offices, and other commercial establishments
On-site managers responsible for daily operations and safety
Landlords and property owners who lease to businesses or tenants
Third-party companies hired to maintain the premises
Proving which one (or more) of these parties was responsible for keeping the property safe can be a central feature in a premises liability case. An experienced personal injury attorney knows how to investigate and establish liability.
Slip and fall cases are difficult because fault is not always clear
When you accuse someone else—whether that's a property owner, homeowner, or business owner—for failing to maintain safe premises, they and their insurance companies are not likely to sit by and let the accusation go without fighting it. With that said, here are three reasons why you need a personal injury lawyer to represent you in a slip and fall accident:
Finding and proving fault is critical in any slip and fall case. Investigating the accident will involve:
After a thorough investigation, your lawyer will put the pieces of the puzzle together to prove all the damages you seek. They will do this by painstakingly linking the cause of the accident to your injury and then providing supporting documentation linking the injury to all your losses.
Note: The damages you seek will depend in part on the nature and extent of your injuries caused by the slip and fall accident.
You will not have to deal with the other parties, with the claim, with deadlines, with figuring out the actual value of your case, among other things. Your lawyer will do all of that for you. Mostly, what you will have to do is worry about your own physical, emotional, and mental recovery.
A settlement is reached or trial has concluded and a verdict awarded—your attorney will be with you every step of the way.
At Beahm Law, our slip and fall accident attorney in California has the resources and skill to competently represent you. Upholding your rights and obtaining fair and full compensation is what we do.
To find out if you have a viable slip and fall injury case or to simply learn more about your legal options, contact us today.
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