Slip and fall accidents can cause severe injuries to those who fall victim. Los Angeles slip and fall lawyers often classify these types of claims under the term premises liability. In the grand scheme of legal practices, slip and fall injuries are under the personal injury umbrella. As a general rule, personal injury lawyers are going to be able to handle a premises liability case, which results in a slip and fall accident. The Los Angeles office of TorkLaw offers free case consultation for slip and fall injury accidents.
Defining Premises Liability
Slip and fall accidents are a type of personal injury case that fall under premises liability. The legal definition of premises is a building or part of a building, including its land. In slip and fall accidents, it is the owner of the premises where the injury occurred that the lawsuit gets brought against. Any person who was in charge of the situation at the time the accident occurred may even be found liable in a slip and fall case.
Duty of Care and Proof of Notice
The person who is in charge of a property or building and the land around them has a duty of care to maintain it. This duty of care is also extended to any person who may enter the premises. The duty of care rules only applies to those invited onto the premises. Unlawful entry cannot be covered under liability claims.
Anyone in charge of defined premises can be found liable if there are injuries sustained due to their negligence in taking care of those premises. They could be released from this liability if it is proven the injured party was acing dangerously or carelessly while on the premises.
The duty of care also extends to providing notice of obstructions or potential dangers that cannot be immediately rectified. These notifications can come in the form of signs, barriers, and other forms of marking off the area to keep people out of the area or to alert them of its existence.
No matter the cause of the slip and fall accident, the following must be present to prove liability:
- The owner of the property had a duty of care to provide safety on the property, and this can be contractual or implied
- Negligence existed on the part of the owner or property management, resulting in dangerous conditions
- These conditions existed on a long enough term that the owner or the property manager should have been aware of it and taken measures against it
- Injuries were sustained as a result of the dangerous or unsafe condition
What to Do After a Slip and Fall in Los Angeles
If you or a loved one are a victim of a slip and fall accident, some steps should be followed after the accident. Keep in mind that the moments following an accident are the most critical. These moments can help you build your slip and fall or premises liability case.
- Get medical treatment
- Health is the priority in any personal injury case. When sustaining injuries, it is vital to have them checked out by a medical professional and thoroughly documented. Medical records are admissible in court.
- Report the accident to responsible parties
- Regardless of where the slip and fall accident occurs, the person who is responsible for the place where the accident occurred needs notified of the accident. A report should be filled out as written proof of the accident. Make sure to request a copy of this written report.
- Make a report of your own and document everything
- If the slip and fall occurred in a public place, be sure to get the names, phone numbers, addresses, and email addresses of potential witnesses. Statements from these witnesses could enhance your slip and fall claim.
- Take photographs of the exact location where the accident occurred, including any conditions that contributed to the accident.
- Make a statement about what happened during the accident and the moments leading up to the accident. Date and time are also relevant pieces of information to include in this statement.
- Keep clothes and shoes that were worn at the time of the accident in a safe place in case they are called as discovery in the slip and fall claim.
- Keep to yourself and do not give a statement
- Social media posts about the accident should not get posted. These can become discovery in a slip and fall lawsuit. Do not speak to insurance companies and limit contact with the responsible party until legal representation has been acquired. Individuals should never place blame before the claim has gone to court.
- Call a Los Angeles Slip and Fall Lawyer
- When considering bringing legal action for injuries caused by a slip and fall accident, a Los Angeles slip and fall lawyer can help review your case. Experienced personal injury lawyers handle cases involving premises liability and know the laws behind them. Before talking to any insurance adjusters, talk to Los Angeles slip and fall lawyers at TorkLaw.
California Commercial General Liability Insurance
When a slip and fall lawyer is bringing a lawsuit against a manager or business, they are bringing the suit against the insurance company for that manager or business. In the insurance coverage that is required by the state of California, the premises liability falls under the commercial general liability policy the business has. Most of these cases never make it to the trial phase. Insurance companies often settle when there is substantial proof that the accident was their client’s negligent act. Having legal representation can ensure the compensation offered by the insurance company is substantial enough for the injuries sustained.
How Legal Representation Helps
When obtaining a Los Angeles slip and fall lawyer to take a personal injury claim caused by slip and falls, these lawyers help you get the money that is deserved from the claim. TorkLaw’s Los Angeles office has handled many cases for slip and fall clients, receiving settlements that help them recover and stop worrying about what happens next. Lawyers take care of all the paperwork necessary for filing the claim and make sure to investigate the very claim using the information you provide. When seeking representation for a slip and fall injury, call 888.845.9696 for a free case consultation.