The Best Slip and Fall Attorney Orange County Has to Offer
I often get asked the question, are stores or homeowners liable if somebody is injured on their property? And that really comes down to whether they were negligent, and there was a dangerous condition on the property that wasn’t either fixed, or they didn’t warn of the dangerous condition. For the landowner to be liable, they must either own, lease or control the property. They would have to have known of the dangerous condition and failed to remedy it or warn about it, and then a customer or a visitor is injured because of that.
An example would be slipping on a wet floor after it had been mopped, but no warning signs were put up. Another thing could be a defective tile that they knew about, and somebody had tripped on and they hadn’t fixed it, and they had the opportunity to fix it. A defective sidewalk, where there is a huge chunk of the sidewalk missing or an elevated sidewalk because of a tree root. Those are common occurrences that cause trip and fall and slip and fall cases.
Are slip and fall case is easy to win?
With all injury cases, every case has its own facts. Oftentimes they’re difficult to win. You must prove that the landowner had knowledge of the dangerous condition and did not fix it. Sometimes that’s difficult to do. A good example of that would be, you’re in a grocery store, another customer spills olive oil on the ground, and then seconds later you walk through it and you slip and get injured. In a case like that, with no time for the store to fix the problem. The store’s probably not liable for that case. On the other hand, if the oil had been there for a 20, 30 minutes and there were footsteps through it and other things like that, then yes, the store would probably be liable for something like that.
Well, what if there were warning signs out and you still got injured, you still slipped in the water? You still slipped on the olive oil? Well, it really depends on where the warning signs were. If they were tucked away or far back to where you couldn’t see them until you were already in the dangerous condition, then the warning signs won’t be particularly helpful for the store. But if it was blocked entirely and you walked around and you avoided the warning signs and got yourself injured, then the store’s probably not going to be liable for a case like that. Again, every case stands on its own facts.
How much time do you I have to bring a slip and fall or trip and fall case?
Like most personal injury cases in California, you have a two-year window to bring your case. If you haven’t resolved your case in two years, you will be required to file a lawsuit, to what’s called preserve the statute limitations. If you do not bring that claim in two years, your case is over.
What kind of damages can I seek in a slip and fall and trip and fall case?
Those include your lost wages, your medical bills and damages that are called pain and suffering. These are the damages where you get to recover for your injury, the pain that it’s caused, the anxiety that it’s caused, the depression that it’s caused, the loss of enjoyment of life that it’s caused. All of those are called pain and suffering damages or general damages, and they are damages you can bring in a slip and fall, trip and fall case. Every case will have a different amount for pain and suffering, depending on the severity of the case.
Contact our trusted OC slip and fall lawyers today.