Victorville Slip and Fall Lawyer

Some of the most common injuries that affect unsuspecting victims result from slips and falls. A single wet spot on a floor or loose piece of carpeting could cause a person to lose their balance and fall to the ground. These short falls could cause surprisingly severe injuries. It is not uncommon for trip and fall victims to break bones, separate joints, or suffer traumatic brain injuries. However, an injury occurring on another’s property is not enough for success in a claim for damages. It is necessary to show that an owner did not take reasonable steps to prevent that injury from happening.

A Victorville slip and fall lawyer may be able to help. A seasoned personal injury attorney could investigate the cause of a fall, determine if a landowner was negligent in allowing it, and form a demand package seeking fair compensation for a person’s losses.

What Steps Should You Take After Tripping and Falling?

The steps people take in the immediate and ensuing aftermath of a bad fall can help them heal and also help strengthen their legal case against the person or entity responsible for causing the fall. 

Seek a Medical Evaluation

Every time someone falls, they should consider their health. Even if they feel they have escaped with no injuries, they should see a doctor to be sure. Some people suffer injuries that are not outwardly apparent, such as concussions, internal bleeding, or organ trauma. Visiting a doctor or seeking a medical evaluation from an emergency medical technician at the scene is the only way for someone who falls to know definitively whether they have a clean bill of health. In addition to diagnosing a patient’s injuries and providing them with necessary treatment, a doctor’s evaluation could also serve as proof of liability by establishing evidence linking their injuries to their fall. By obtaining a medical evaluation promptly after a fall, a person would be able to avoid later questions from a defendant arguing that their injuries were pre-existing or unrelated to their fall. The patient’s medical record could also serve as proof of damages, meaning that a defendant would not be able to minimize their severity. 

Report the Accident

People should report their accident so that there is a written record of it. If they call 911 to get an ambulance, the dispatching officer would send a police officer to the scene who could open up a police accident report. If nobody calls 911, they should still report the accident to someone in charge of the property, such as the homeowner if the fall occurred on a residential property or the manager if the fall happened at a place of business. By reporting the accident, an injured person could refute possible arguments from the defense that the fall never happened. 

Document What Happened

People who suffer injuries in falls should also try to document what happened to the best of their abilities. They should gather contact information of people who might have witnessed their fall and take pictures of the property hazard that caused them to fall. They should also photograph their injuries both immediately after the fall and as they continue to heal. Taking detailed notes about the impact the accident has had on their overall quality of life can be helpful when negotiating potential settlements. 

A dedicated Victorville slip and fall attorney could look into the property hazard that caused the fall. By interviewing people familiar with the property, such as current and former employees of a business, they could learn how long the dangerous condition existed on the property and whether the property owner, manager, or caretaker knew or should have known about it. 

Injuries that May Result from Slips and Falls

Slips and falls may appear to be minor incidents. However, it is impossible to predict how a fall will affect an individual. People with already weak joints or bones may suffer severe fractures from a quick fall to the ground. Even otherwise healthy individuals might endure permanent harm from a fall on their head, neck, or back.

The simple fact is that a landowner who allows a fall to occur on their land is liable to provide compensation for all resulting losses. This includes the costs of medical treatment, payments for lost wages due to time spent off work to make a recovery, and compensation for emotional traumas such as pain or suffering. A skilled lawyer in Victorville could evaluate how a slip and fall has affected a person’s life and demand fair payments for their injuries.

Who Could Be a Potential Defendant in a Slip and Fall Accident?

Slip and fall cases involve the subset of personal injury law known as premises liability law, which states that property owners must keep their land and buildings in reasonably safe condition for all lawful visitors. However, in addition to pursuing a legal claim against the owner of the property where the fall occurred, an injured party might also be able to hold one or more of the following additional parties accountable for their injuries and other losses:

• Caretakers 
• Business operators, such as retail stores and professional offices
• Landlords who are responsible for checking for and removing hazardous conditions from the common areas of a building, such as the building’s common entryways, staircases, parking lots, and laundry facilities 
• Tenants who are responsible for maintaining their individual units 
• Landscapers 
• Maintenance contractors 
• Contractors performing work on property who fail to clean up after themselves 
• Municipal or state governmental agencies that are responsible for keeping public buildings and lands, such as public parks, free from dangerous conditions

A seasoned Victorville trip and fall attorney could perform a thorough investigation to determine what led to the fall and identify who bears possible legal responsibility. 

Proving a Landowner Responsible for an Accident

A central part of state law indicates that every property owner must protect people who enter their land. However, this protection depends on whether a visitor had permission to be there. For example, a trespasser who does not have permission to enter enjoys protection against only intentional or wanton harm. By contrast, an invited guest can expect a landowner will take reasonable steps to keep them safe.

As a result, many slips and fall cases revolve around whether a landowner took the proper steps to protect invited guests. Key evidence in these cases may include:

• A failure to place warning signs around spills
• Allowing a guest to use a broken stairway
• Not placing proper handrails on steps
• Leaving loose carpeting in common areas

Any of these examples may cause a fall that results in life-altering injuries. An attorney in Victorville could help investigate the cause of a trip and fall and argue that a defendant was unreasonable in failing to provide protection.

However, defendants may claim that an injured person contributed to their own losses. Under California Civil Code §1714, all parties are responsible for their actions, even those that contribute to an injury. A defendant may state that a slip only happened because a plaintiff ignored warning signs, was looking at a cell phone at the time of the fall, or was running on a wet floor. A legal representative could work to defeat allegations of comparative negligence.

Let a Victorville Slip and Fall Lawyer Take the Lead

If you have suffered an injury from tripping on another party’s property, you may wonder if a landowner was at-fault for the fall. You need to consider how the fall has affected your life and what compensation will make things right. At the same time, a defendant’s insurance company may push for a statement or try to shift blame onto you.

A Victorville slip and fall lawyer could help protect your rights while you focus on making a full recovery. They could gather evidence concerning the fall and obtain medical records that indicate the extent of your injuries. Contact our firm today to get started.