Slip and fall accidents can happen anywhere. One moment, you can walk into a favorite restaurant expecting to enjoy a great meal, and the next, you’re on the floor in pain, wondering what happened.
Slip and fall accidents can cause serious injuries that affect families 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 have the right to pursue 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 may be held legally responsible for resulting injuries.
If you or a loved one has been injured at a business or another party’s property, you may wish to consult a Sacramento slip and fall lawyer to discuss your legal options.
The Sacramento personal injury lawyers at Jacoby & Meyers have represented injury victims for over 50 years. We understand the challenges a slip and fall accident can create.
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 use reasonable care in maintaining their property. If a hazardous condition cannot be repaired immediately, the property owner should provide appropriate warnings to visitors.
If a property owner fails to meet these duties and that failure results in injury, they may be held liable under California law.
Proving Liability in a Sacramento Slip and Fall Case
To pursue a slip-and-fall accident claim, you must generally prove:
- The defendant owned, controlled, occupied, or leased the property where the accident happened.
- The defendant was negligent in maintaining or using the property by failing to keep it reasonably safe or failing to provide reasonable warnings 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 negligence, courts consider whether the property owner exercised the care that a reasonable property owner would have used under similar circumstances.
Potentially Liable Parties
If your slip and fall accident occurred on another person’s property, potentially liable parties may include:
- Homeowners and landlords
- Homeowners associations
- Property management companies
- Business owners
- Employees of any of these parties
- Renters or tenants of the property
A property owner is generally responsible for maintaining reasonably safe conditions. Even if maintenance or repair responsibilities are delegated to another person or company, the owner may still bear responsibility if the property is not reasonably safe.
Types of Compensation in a Sacramento Slip and Fall Case
Slip and fall injuries can range from minor to severe. Some individuals may require extended medical treatment or assistance.
The type and amount of compensation available depend on the specific facts of the accident and the extent of the injuries. In California, damages may include economic damages, non-economic damages, and, in limited circumstances, punitive damages.
Economic damages may include current and future medical expenses, lost wages, reduced earning capacity, and other financial losses related to the injury.
Non-economic damages may include pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.
Punitive damages are not intended to compensate the injured person but may be awarded in limited cases involving malice, oppression, or fraud, and must be proven by clear and convincing evidence.
What to Do After A Sacramento Slip and Fall Accident
If you slip and fall on another person’s property, there are several steps you may consider taking to protect your health and preserve relevant evidence:
- Seek medical attention. Even if injuries appear minor, a medical evaluation can help identify issues that may not be immediately apparent.
- Report the accident to the property owner or manager and request a copy of any written report. If law enforcement responded, obtain a copy of the report.
- Take photographs or video of the accident scene, including any hazardous condition and surrounding area. Document your injuries if possible.
- Avoid making statements that assign blame. An attorney can help evaluate the circumstances of the accident.
- Be cautious when speaking with insurance representatives before consulting an attorney.
- Preserve the clothing and shoes worn at the time of the accident.
- You may wish to contact a Sacramento slip and fall lawyer to discuss your situation.
Once you retain an attorney, follow their guidance regarding next steps.
Schedule a Free Consultation with a Sacramento Slip and Fall Lawyer
At Jacoby & Meyers, we understand that a slip and fall accident can create significant challenges for an injured person and their family.
Our attorneys have represented personal injury clients for over 50 years. We evaluate each case individually and explain available legal options based on the specific facts.
If you have been injured on another party’s property, 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 speaking with you, answering your questions, and explaining your rights under California law.