A slip and fall accident is a part of the family of personal injury lawsuits that are filed under premises liability cases. Orange County slip and fall lawyers are incredibly skilled in handling slip and fall cases and premises liability. When you need a lawyer in Irvine or the Orange County, California area, TorkLaw offers help with premises liability claims for compensation and restitution for injuries sustained during a slip and fall accident.
Proving Liability in Slip and Fall Lawsuits
The definition of premises in the legal dictionary is any building, part of a building, or the land it resides. The owner of the premises is mot often the one who is sued for a breach of duty in slip and fall cases. The duty of care is extended to any person who is entering the building or is present on the land and has been invited to do so. The owner of the premises or the grounds management is often in charge of seeing to any dangerous situations that may present themselves on the premises.
It won’t matter what the cause of the slip and fall accident was, but specific criteria must be met to prove that negligence existed:
- The owner of the premises had a duty of care to make sure the property was safe. This safety can be implied or contractual
- The owner or property manager acted negligently, and that resulted in dangerous conditions on the premises
- The conditions of the premises were apparent for a period of time that was long enough for the owner or management to be aware of it and to rectify the situation
- The slip and fall (or trip and fall) injuries were sustained due to negligence and unsafe conditions on the premises
Commercial General Liability Insurance
Premises liability claims, including slip and falls, fall under the coverage that most businesses have for commercial general liability insurance. Even though the slip and fall happened on premises like a building or business, it will be the insurance company that is seen in court. Only a handful of these types of cases will see the inside of a courtroom. Insurance companies like to settle outside of the courtroom, but without a qualified slip and fall lawyer, they may undercut the amount you deserve.
Orange County slip and fall lawyers know how the insurance companies work in matters like this. The legal representative that is hired for a slip and fall case will make sure to pursue the insurance company of the negligent party for all of the compensation deserved.
What To Do After an Accident
When someone is the victim of a slip and fall accident, to receive compensation in a lawsuit, they need to make sure they do a few things following the accident. The moments leading up and following a slip and fall accident can be the most crucial moments for a slip and fall case.
- Always seek medical treatment
- In any accident, victims should seek out medical attention as soon as they possibly can. Medical records are evidence in slip and fall cases and help determine the compensation amount required for injuries sustained.
- Report accidents and unsafe premises to responsible parties
- It won’t matter where the slip and fall occurred, the person responsible for the premises needs to be notified of the accident as soon as possible. This person should fill out a report of the accident and provide a copy to the injured party.
- Create a report to document everything
- Witnesses are great for a slip and fall accident. If the accident happened in a public place, get the names and contact information for those who may have witnessed it. Statements from witnesses can help enhance a slip and fall lawsuit.
- Use photographs to show the exact location of the accident and the conditions that were present when the accident occurred.
- Keep the clothes from the fall and preserve them. The court or defense may request these as evidence.
- Make sure to write down what was going on moments leading up to the accident and during the accident. Dates and times with the exact location are valuable pieces of information.
- Don’t share facts about the accident
- Do not talk to insurance companies or anyone else unless advised to do so by a slip and fall lawyer. Statements made to insurance companies can be used in court. Stay off of social media and refrain from talking about the accident or placing any blame. Contact should also be kept to a minimum with the negligent party. Always remember that anything said can be submitted as evidence into the courts to discredit a client.
- Hire an Orange County slip and fall lawyer
- Do not try to go up against insurance companies without the help of legal representation. The goal of the insurance company is to pay less than the claim is worth. Slip and fall lawyers like TorkLaw will not allow this to happen when they represent victims in these cases. Before settling with insurance companies, seek out TorkLaw.
The Pros of Orange County Slip and Fall Lawyers
The pros of hiring any personal injury lawyer are their dedication to the case and their clients. The legal team at the Irvine offices of TorkLaw work cases for the entire Orange County region, lending their expertise to help stop insurance companies from settling with accident victims for far less than they deserve.
TorkLaw will take care of all the necessary paperwork and the claim process of the lawsuit. If more investigation is necessary in the case, they will also conduct that as well. If you or someone you love has been a victim to negligent premises and were injured in a slip and fall accident, TorkLaw can help.
TorkLaw provides free consultations for potential clients seeking their services for slip and fall cases. These consultations are done via the toll-free line at 888.845.9696. Legal representatives are standing by to help you with your slip and fall accident cases.