As the name suggests, a slip and fall occurs when someone is injured by negligence while on another’s property. The possessor or owner of the property can be held responsible for these types of accidents in California under premises liability law. When you are injured in an accident caused by a slippery floor or other negligence, you have the right to be compensated, and one of our Berkeley attorneys can help you obtain the compensation you deserve.

Because liability may lie with several entities or people in an accident of this type, having your case handled by a lawyer is a good idea. For example, in an amusement park, the park itself may be liable; however, the manufacturer of the ride or another patron may be the cause of the injury. An attorney can determine who is liable for your accident injuries, investigate to gather needed evidence to support your claim and negotiate for you with the insurance company. This way, you can obtain the compensation you deserve while you recuperate from your trauma without financial worries. Our injury lawyers have successfully helped many clients get fair compensation following an accident due to negligence by another person or entity. We understand the pain you are going through, the mounting medical costs, and the inability to work. No one should have to deal with an accident injury and be responsible for the financial loss.

The most common causes of a slip and fall accident are listed below. Spills on a floor account for over 50 percent of these accidents involving young workers, according to the Centers for Disease Control and Prevention, but many other dangers exist. Some of the additional causes include:

• Water on the floor, lack of warning signs, and poorly stacked products on shelves
• Loose mats, bunched-up carpeting, cords, or floorboards that provide a trip hazard
• Potholes in parking lots and upheavals in the pavement or broken curbs on either public or government properties
• Leaking ice or drink machines
• Clutter inside a store, such as stacked products in aisles and haphazardly arranged items, can fall or go unnoticed until a slip or trip and fall occurs.
• Failure to provide rubberized or slip-proof mats during inclement weather or around produce aisles, both of which can make floors slippery
• Lack of employee training to spot and clean up potential hazards within a short timeline
• Not following OSHA standards to provide workers slip, trip, and fall protection.
• Elevators that are incorrectly leveled, causing a trip hazard
• Escalators with bolts sticking out, missing or defective teeth, lack of inspection, and loose handrails
• Insufficient or poorly placed lighting, which makes it difficult to see
• Lack of handrails, loose carpeting, damaged tread, and poor lighting in stairwells

The following may be liable if a visitor or patron is injured in a slip and fall accident on the property:

• Private residences, as long as the person is not a trespasser,
• Government-owned properties
• Commercial establishments
• Amusement parks, concerts, and other public venues
• Rental properties
• National Parks if the area and trails are not properly maintained
• Airports, bus and train stations

If you are injured by falling in a private or public location, taking the following steps can protect your claim so you can get fair compensation:

• Request medical care if you are seriously injured.
• Ask the manager or other person in charge for an accident report and complete it, being specific about where the incident occurred and why.
• Take pictures of the cause of your injury with your cell phone.
• Look around for video cameras or ask a friend to take pictures of their locations.
• Write down on paper or in a notebook if you saw any store employees in that area before you fell, while the accident happened or afterward.
• Speak with any witnesses to your accident and request contact information from them.
• Check if anyone else in the area where you fell spotted the accumulated water or other negligence that caused your accident.
• Take photographs of your injuries.
• Keep the clothing and shoes you wore when injured and place them in a plastic bag for safekeeping.
• Use a logbook to record how your injury symptoms have progressed, along with receipts of your outlying costs for treatment.

Please take the time to watch the following video by attorney Ed Smith:

An insurance settlement is reached, or a civil suit is filed after making a personal injury claim in a premises liability accident. The quickest way to recover compensation is by negotiating a settlement with the insurance company. Business owners and their insurers often try to settle with a low-ball offer early in the case. As a result, you may be offered an amount well below what you need to cover your losses, but insurance companies will take advantage of the fact that you may not be working and need the money.

Diagnosing many injuries and symptoms soon after an accident is difficult, and treatment may be unclear. You must sign a release before accepting their offer, so you won’t be able to use them for the treatment you might require.

When you suffer an injury accident, you can recover the following losses:

• Medical costs related to the injury, including transportation to the hospital, hospitalization, medicine, tests, X-rays, rehabilitation, and other related expenses can be recouped.
• You can recover your lost wages, including the money or value of perks you would have earned had the accident not occurred. Commissions, bonuses, tips, and other income can be included.
• Besides physical pain, you may also suffer psychological and emotional trauma after the accident.

Your Berkeley slip and fall lawyer must prove four main elements that are more likely to be true than not to have a successful case in California:

• The property was owned by or under the defendant’s control. Proprietors, landlords, tenants, lessees, and business owners are responsible for keeping a property safe.
• Negligence was shown by the defendant. An act of negligence is defined as any conduct that would be considered negligent by a rational person under the same or similar conditions.
• Your accident was a result of the defendant’s negligence. The defendant’s negligence must be linked to your accident, and your lawyer must prove causation. In other words, your accident wouldn’t have occurred without the defendant’s negligence.
• During a visit to the property, you fell and were injured. Evidence of your losses must include physical injuries, medical bills, and lost wages that resulted from the accident.

If you were injured in a slip, trip, or fall accident, we have free and friendly advice when you contact us at (510) 631-0200 (800) 404-5400. We can arrange a free virtual or in-person meeting with no obligation on your part. In it, you can have your questions answered, have your case reviewed, and find out what options are open to recover damages.

^{Editor’s Note: updated [cha 10.3.23] Photo attribution: by succo from Pixabay cd llo [1333]}