Thousands of Californians are injured each year in slip-and-fall accidents. This type of accident can occur virtually anywhere, both indoors and out, in homes and in businesses, and on a variety of surfaces. Although oftentimes people who fall simply jump up and brush it off, maybe a little embarrassed by the ordeal, other times slip-and-fall accidents lead to serious injuries, ranging from strains and sprains of ligaments, tendons and muscles to more serious fractures, concussions and even damage to the spinal column. A slip-and-fall can also lead to a fatality if the injury is serious enough or other dangerous conditions exist.
When a slip-and-fall injury is caused by the negligence of a person or entity, then the injury becomes actionable, and you have a right to collect damages for it. Likewise, if a loved one dies as a result of a slip-and-fall, then his survivors may have the grounds for a wrongful death claim. The legal team at Hiden, Rott & Oertle LLP and our Palm Springs slip-and-fall attorneys are your first line of defense when it comes to receiving damages for your injuries.
Common Slip-and-Fall Accidents and Liability
It can be difficult to assign liability or prove that someone is liable in a slip-and-fall accident. The success of such a claim lies largely on whether there was negligence involved in causing he fall. The property owner must be proven to cause the dangerous circumstances or condition that led to the fall, or at a minimum, it must be shown that the owner of the property knew about the condition or should have reasonably known about it because it had persisted for a sufficient period of time.
In the case of both residential and commercial properties, then the property owner or the landlord if it is a rented property must have known the dangerous condition existed, could have made the repairs to correct it, and should have reasonably known that a serious accident could occur if it wasn’t remedied. The victim must have fallen due to the landlord or owner’s failure to repair the condition. For example, if a heavy item falls off the shelf at a store and hits someone in the head, the store may be liable if it can be shown that they should have known the item had the potential to fall.
Slip-and-falls on the government-owned property are trickier, which makes it a necessity to work with a lawyer who has filed claims against government entities in the pat. Issues such as what qualifies as a government-affiliated entity or branch of the government, complex rules on even filing the claim, and a host of statutory laws make claims against the government difficult.
Most accidents of this type boil down to someone failing to act sensibly in making their property or property under their control safe for people who enter that property. However, the victim’s behavior is also taken into account if they did something to cause the accident, either in whole or in part. Any award for injuries may be reduced is partial blame is assigned to the victim.
Case Review With Palm Springs Slip-and-Fall Attorney
Hiden, Rott & Oertle have a long history of helping accident victims recover damages in this type of accident. Our Palm Springs slip-and-fall accident attorney is waiting to review your slip-and-fall case and discuss the merits of filing a claim to recover your damages, which may include medical costs, time off work, and pain and suffering. Schedule your case review now.