Slip and fall accidents can happen anywhere. One minute, you can walk into a favorite restaurant expecting to enjoy a great meal, and the next minute, you’re on the floor in pain, wondering what just happened.
Slip and fall accidents can cause life-altering injuries that devastate families both emotionally and financially. According to the National Safety Council, falls are the second leading cause of unintentional injury-related deaths in the United States.
If a slip and fall accident is caused by a dangerous condition on another party’s property, you may be entitled to compensation for your injuries.
California law imposes a duty on property owners to act reasonably to keep others safe on their property. If a property owner or manager negligently breaches that duty of care, they can be held responsible for the injuries caused.
If you or a loved one has been injured at a business or another party’s property, you should immediately consult a Sacramento slip and fall lawyer with a proven record of recovering maximum compensation for their clients.
The Sacramento slip-and-fall lawyers at Jacoby & Meyers have protected the rights of injury victims for over 50 years and fight to recover every dollar our clients are entitled to. We understand how much suffering a slip and fall accident can cause.
Let us help you get the justice you deserve. Call us at (916) 269-8918 or visit our contact page to schedule a free consultation to discuss your case.
California Premises Liability Laws
California Civil Code 1714 (a) provides that:
Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her lack of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.
Property owners have a duty to prevent or repair dangerous conditions on their property. If a hazardous condition can not be repaired immediately, the property owner must warn visitors and make them aware of the hazard.
If a property owner is negligent in these duties and that negligence results in damage to a person on their property, the property owner can be held liable.
Proving Liability in a Sacramento Slip and Fall Case
To be successful in a slip-and-fall accident claim, you must prove:
- The defendant owned, controlled, occupied, or leased the property where the accident happened.
- The defendant was negligent and breached their duty of care in maintaining or using the property by failing to keep it reasonably safe or to take reasonable measures to warn of a hazard that could not be immediately remedied.
- You were injured on the property.
- Your injuries were caused in whole or part by the defendant’s breach of their duty of care.
When determining whether the property owner was negligent, the court looks at whether they exercised the care that a reasonable property owner would have under the same or similar circumstances.
Potentially Liable Parties
If your slip and fall accident occurred on another person’s property, potentially liable parties could include:
- Homeowners and landlords
- Homeowners associations
- Property management companies
- Business owners
- Employees of any of these parties
- Renters or tenants of the property
The property owner is ultimately responsible for the condition of the property. Even if they have hired another person or business to maintain or repair the property, the owner is still responsible if the property is not reasonably safe for others.
Types of Compensation in a Sacramento Slip and Fall Case
Slip and fall accident injuries can range from mild to fatal. Many times, fall victims need life-long medical care and assistance.
The type of compensation you may recover depends mainly on the facts of your accident and the extent of your injuries. In California, you may recover economic, non-economic, and, in rare cases, punitive damages.
Economic damages include current and future medical expenses, current and future lost wages, and other expenses or financial losses incurred because of your injuries.
Non-economic damages are more subjective and may be more challenging to prove. However, they are often even more devastating than economic damages. Non-economic damages include pain and suffering, mental and emotional distress, loss of consortium, and loss of enjoyment of life.
Economic and non-economic damages are intended to compensate an injured victim for their damages. However, punitive damages are designed to punish the wrongdoer and deter similar behavior in the future.
Punitive damages are only awarded in California if you can prove by clear and convincing evidence that the defendant’s actions were done with malice, oppression, or fraud.
What to Do After A Sacramento Slip and Fall Accident
If you slip and fall while on another person’s property, there are several steps you can take to protect your health and your right to recover compensation for your damages. Consider taking the following actions:
- Get immediate medical attention. Even if you don’t think your injuries are severe, get a medical evaluation. Many injuries that are not immediately apparent can result in long-term mobility issues and severe pain and suffering.
- Report your accident to the property owner or manager. Request a copy of their report and if the police were called, get a copy of the police report.
- Take photographs or video footage of the scene of the accident. Be sure your photos and video include the surrounding area, showing the hazardous conditions and the lack of warning signs. You should also capture evidence of your injuries.
- Do not apologize, accept any blame, or assign blame to anyone. Let your attorney investigate your accident to determine all possible causes and potentially liable parties.
- Do not provide a statement to an insurance company until you have consulted your attorney. Once you retain an attorney, let them handle all communications with insurance companies.
- Keep the clothes and shoes you were wearing at the time of the accident. Don’t wash or have them cleaned until your claim is fully resolved.
- Contact a Sacramento slip and fall lawyer immediately. The sooner you retain an attorney, the better they can protect your right to recover maximum compensation.
Once you have retained a Sacramento premises liability attorney, discuss these suggestions with them. Always follow your attorney’s advice and instructions.
Schedule a Free Consultation with a Sacramento Slip and Fall Lawyer
At Jacoby & Meyers, we understand how devastating a slip and fall accident can be for the injury victim and their family. You deserve to be represented by an experienced Sacramento slip-and-fall lawyer with a proven track record of successfully protecting their client’s rights.
Our attorneys have been recovering maximum compensation for our personal injury clients for over 50 years. We have the skills and resources to build your strongest case and hold those at fault for your injuries responsible.
If you have been injured on another party’s property, we want to help. Call us today at (916) 269-8918 or complete the short form on our contact page to schedule a free consultation to discuss your case.
We look forward to meeting you, answering your questions, explaining your rights, and helping you recover every dollar you deserve.