Banning Slip and Fall Lawyer

Most people do not go about their business worrying about being injured in a slip and fall accident, but it happens every day. You may trip in an unlit stairwell or fall on broken pavement in a commercial parking lot. If you were hurt, you may have recourse if property owners, managers, or landlords did not act responsibly to ensure your safety on their premises.

When you are injured on someone else’s property, a Banning slip and fall lawyer with Walter Clark Legal Group could investigate the circumstances and determine whether you have a claim for compensation. A personal injury attorney could fight to recover your medical expenses and other damages.

What Is a Slip and Fall?

Slip and fall accidents can occur anywhere, but to help avoid them, property owners, managers, and landlords should maintain their premises or warn visitors about tripping dangers. When they fail to do so and it leads to a slip, trip, and fall, the injured parties could hold owners liable for negligence and seek compensation for their damages.

Some common examples of property negligence that could cause a fall accident include:

• Items dropped and left on floors
• Uneven floors
• Broken or cracked flooring
• Slick, wet, or icy surfaces
• Poorly lit parking lots and walkways
• Holes in sidewalks, yards, and parking lots
• Broken or dangerous stairways
• Unsecured cords and cables

Any situation that causes a person to become unstable and fall should be investigated for cause and fault by a tripping accident attorney in Banning. When an injured person has a case, the at-fault party’s property insurer or the court could award a settlement or verdict to make up for the harm suffered.

Responsibility for a Slip and Fall Accident

Responsibility for a slip and fall will rest with the property owner whose negligence caused the accident. The liable party could be a private property owner or landlord. It may also be a property manager, employee, or business entity if it occurred on a residential or commercial property, such as a retail store, restaurant, or hotel.

To establish negligence, plaintiffs must show that a property owner knew or should have known about a hazard on their premises, failed to fix it, and the hazard was a direct cause of injury.

For instance, when a supermarket employee fails to clean up an olive oil spill and,  three hours later, a customer slips and falls, the store (because of the employee’s omission) will probably be accountable for any injuries. Customers in the same store who hear the commotion around the injured party and trip over their feet while running to see the problem could probably not claim the supermarket employee’s negligence caused their accident.

A Banning lawyer is familiar with slip and fall accidents and could help determine whether negligence caused an injury.

Slip and Fall Defenses

There are some defenses property owners may use to avoid financial liability for a slip and fall.

For example, property owners usually do not owe a duty of care to people who are illegally on their property. Therefore, accusations of trespassing could be used as a defense. Property owners may also accuse injured parties of causing or contributing to their fall via their own negligent behavior, such as looking at a cell phone instead of where they were walking.

An attorney in Banning could help refute claims designed to reduce or deny payment to a slip and fall victim.

Recoverable Compensation for a Slip, Trip, and Fall

Slip and fall accidents can cause serious and debilitating injuries, including back injuries, hip fractures, head injuries, and broken bones. Fall injuries can also be fatal, especially if the victim is elderly.

These injuries can lead to expensive and ongoing medical treatments, including surgeries and physical therapy. These injuries can also prevent a victim from working, cause significant physical pain, and mental and emotional distress. For the families of the fatally injured, accident-related expenses could cause economic hardships on top of grief.

A Banning slip and fall attorney could help injured parties seek compensation for tangible and intangible losses resulting from their injury. An attorney could also assist families with wrongful death claims.

Evidence in a Trip and Fall Claim

After a trip and fall, a lawyer in Banning could work as an advocate to get a person compensation for a slip and fall caused by negligence. One crucial task involves gathering evidence.

Evidence can include police reports, medical assessments, witness statements, surveillance footage from in-store or parking lot cameras, and the injured person’s account of the accident. An attorney’s review could uncover proof that a hazard existed, no warnings were posted, and the dangerous condition caused a fall.

The complaint a legal representative drafts tells the court what led up to the accident and how the defendant is responsible. It also asks for compensation based on the plaintiff’s losses.

Walter Clark Legal Group has over 30 years of experience building claims for injured clients in California. The firm has helped injured parties recover over $1 billion in damages.

Negotiations Before a Slip and Fall Trial

In many instances, slip and fall cases begin with a claim against the liable party’s property insurance policy, which could be a homeowners, renters, or business policy. A slip and fall lawyer in Banning could negotiate on behalf of injured parties for a fair settlement with the defendant’s insurance carrier or attorney.

When the insurance company’s settlement offer is not enough, the plaintiff could seek their damages through a civil lawsuit and trial. At trial, attorneys for both sides present evidence, and a jury decides if the defendant is liable and the amount of compensation they owe the plaintiff.

However, plaintiffs do not have unlimited time to take legal action. According to California Code of Civil Procedure § 335.1, the statute of limitations for filing a personal injury lawsuit is typically two years from the date the injury occurred. If a case is not filed within the deadline, the court will likely throw it out.

People who slip and fall because someone else was negligent should contact a lawyer. An attorney could help meet essential deadlines and fight for justice and a fair settlement.

Enlist the Help of a Banning Slip and Fall Attorney

Slipping and falling on someone’s property can cause incapacitating injuries that wreak havoc with your work and personal life. When you are injured after a property owner or manager did not correct a problem or warn of its danger, you may be entitled to compensation.

A Banning slip and fall lawyer understands your situation and will fight for the reimbursement you deserve. Call Walter Clark Legal Group now to schedule an initial consultation.