Fresno Slip & Fall Accident Lawyer

Slip, Trip, & Fall Accidents on Others’ Properties

Although many people think of slipping and falling as not serious, the reality is that these accidents can result in devastating bodily injuries and permanent disability. If you slipped, tripped, and/or fell on someone else’s property, you shouldn’t simply write it off as your own clumsiness — the property owner could be to blame if they failed to adequately maintain the premises.

At Fowler | Helsel | Vogt, our team has more than 40 years of experience handling complex premises liability claims, including cases involving slip, trip, and fall accidents. We understand that these accidents can lead to serious injuries, including brain injuries and spine injuries, leaving victims struggling to get back on their feet. Our goal is to help you recover fair compensation for your damages, including medical bills and lost wages, all while holding negligent property owners accountable.

To learn more, including how our Fresno slip and fall accident lawyers can help you with your case, contact us at (559) 900-1280 and request a free consultation.

Where Do Slip & Falls Happen?

Slip and- all accidents can occur in various locations where the conditions create a hazard for individuals to lose their footing and fall. These accidents are often caused by slippery or uneven surfaces, inadequate signage, poor lighting, or other factors that compromise the safety of the area.

Some common locations for slip-and-fall accidents include:

• Residential Properties: Slip and fall accidents can also occur at homes due to wet or icy driveways, poorly maintained stairs, or uneven walkways.
• Grocery Stores and Supermarkets: Spills from food and beverages, wet floors in produce sections, or leaks from refrigeration units can create slippery surfaces.
• Restaurants and Cafeterias: Grease, food spills, and wet floors in kitchen and dining areas can contribute to slip-and-fall incidents.
• Shopping Malls and Retail Stores: High-traffic areas, especially during rainy or snowy weather, can lead to wet and slippery floors. Additionally, spills from merchandise displays or restrooms can pose risks.
• Hotels and Motels: Wet and slippery surfaces near swimming pools, in bathrooms, or in common areas can be potential sources of slip and fall accidents.
• Workplaces: Industrial settings, offices, and other workplaces may have conditions such as wet floors, uneven surfaces, or inadequate safety measures that contribute to accidents.
• Public Transportation Facilities: Bus and train stations, airports, and other transportation hubs can have wet or slippery floors due to weather conditions, spills, or inadequate maintenance.
• Sidewalks and Outdoor Spaces: Uneven pavement, potholes, ice, snow, or debris on sidewalks and outdoor walkways can lead to slip and fall accidents, especially in inclement weather.
• Hospitals and Healthcare Facilities: Floors in healthcare settings may become slippery due to spills or cleaning procedures. Additionally, patient rooms and common areas may pose risks if not properly maintained.
• Schools and Educational Institutions: Playgrounds, hallways, and other common areas in schools may become hazardous due to spills, wet weather, or poorly maintained surfaces.
• Construction Sites: Uneven terrain, construction materials, and temporary structures can create hazards leading to slip-and-fall accidents.
• Factories and Industrial Facilities: Manufacturing plants may have oily or wet floors, uneven surfaces, or spills, increasing the risk of accidents.
• Sports Arenas and Stadiums: Spectator areas, concourses, and concession stands can become slippery, especially during events with large crowds.

Property owners, managers, and businesses need to take precautions, such as proper maintenance, warning signs, and prompt cleanup, to prevent slip and fall accidents and ensure the safety of individuals in these locations.

How Do Slip & Falls Happen?

Most slip and fall accidents happen because someone other than the victim was negligent. Dangerous property conditions and various hazards can cause a person to slip, trip, and/or fall and become seriously injured, or even permanently impaired. Additionally, falls are among the leading causes of death in the U.S.

Slip and fall accidents generally happen when property owners fail to maintain their premises, including removing, repairing, or warning of dangerous conditions that pose a foreseeable risk of injury to others.

Some examples of dangerous property conditions that commonly lead to slip and falls include: 

• Wet or slippery floors
• Spills/fallen merchandise
• Recently mopped floors
• Torn or ripped carpeting
• Uneven floors
• Unmarked steps
• Defective stairs/stairwells
• Missing handrails
• Inadequate lighting
• Improper or missing signage
• Exposed tripping hazards, such as wires or cords
• Defective sidewalks

These and other hazards put visitors at serious risk. If you believe that your slip and fall accident resulted from a property owner’s negligence and/or failure to properly address dangerous conditions, reach out to our Fresno slip and fall lawyers at Fowler | Helsel | Vogt. We can immediately begin investigating your situation to determine if you have grounds for a personal injury case.

Who is Liable for a Slip & Fall Accident?

Liability for a slip and fall accident depends on various factors, and it is typically determined by assessing the negligence of the parties involved. Here are some key entities that could be held liable for a slip and fall accident:

• Property Owner or Occupier: Property owners and occupiers have a duty to maintain their premises in a safe condition. If they fail to address known hazards, such as wet floors, uneven surfaces, or inadequate lighting, and someone is injured as a result, they may be held liable for negligence. This includes owners of residential properties, businesses, and public spaces.
• Businesses and Commercial Establishments: Owners of businesses, including retail stores, restaurants, supermarkets, and other commercial establishments, are responsible for keeping their premises safe for customers. This includes promptly addressing spills, providing warning signs, and maintaining a hazard-free environment.
• Government Entities: In cases where slip-and-fall accidents occur on government-owned or maintained property, such as sidewalks, public parks, or government buildings, the government entity may be held responsible for negligence if they were aware of a hazardous condition and failed to address it.
• Property Management Companies: In cases where a property is managed by a third-party management company, that company may share or assume liability for slip and fall accidents if they were responsible for property maintenance and failed to address known hazards.
• Contractors and Construction Companies: If a slip and fall accident occurs on a construction site or premises undergoing renovation, the contractors or construction companies involved may be held liable for not adequately securing the site or failing to warn about potential dangers.
• Individuals Responsible for Maintenance: Individuals or entities responsible for maintaining specific aspects of the property, such as cleaning companies or maintenance personnel, may be held liable if their negligence contributes to a slip and fall accident.
• Product Manufacturers: If a slip and fall accident is caused by a defective product, such as a slippery floor cleaner or a malfunctioning escalator, the manufacturer of that product may be held liable under product liability laws.
• Employees or Staff: If an employee's actions or negligence contribute to a hazardous condition that leads to a slip and fall accident, both the individual employee and the employer may be held liable.

When Can You Sue a Property Owner for a Slip & Fall Accident?

Under California premises liability law, property owners can be held legally liable for injuries and deaths occurring on their properties in certain situations.

To bring a lawsuit against a property owner, you will need to prove several things: 

• You were injured and/or suffered measurable damages
• Your injuries resulted from a dangerous or defective condition on the property
• The property owner knew about or reasonably should have known about the condition
• The property owner failed to take adequate measures to remove, repair, or warn potential visitors about the condition
• You were lawfully on the property when you were injured/when the accident occurred
• You did not act negligently, causing you to be the sole responsible party for the incident

One common defense to slip and fall and other premises liability claims in California involves property owners arguing that the injured party (known as the “plaintiff”) was trespassing when the incident occurred. In California, property owners’ duty of care to trespassers is much less than their duty of care to lawful entrants — generally speaking, a property owner must only refrain from causing willful/wanton harm to trespassers, unless they knew or reasonably should have known that trespassers were likely to be on the property and could be injured by a dangerous or defective condition.

Additionally, the liable party may try to argue that you were negligent, and this is what led to your slip and fall accident. While shared fault does not prohibit you from filing a personal injury claim in California, it can affect your recovery. If the court agrees that you were partially to blame, you will not be able to recover the full amount you would otherwise have received.

An experienced and aggressive attorney, like ours at Fowler | Helsel | Vogt, can fight back against the insurance company’s efforts to dispute or devalue your claim. We encourage you to reach out to us today to discuss the details of your case with a member of our legal team.

What is the Average Slip and Fall Settlement in California?

The attorneys at Fowler | Helsel | Vogt typically recover tens of thousands of dollars for each slip and fall client. A particularly severe case might recover millions. There are so many factors that come into play, including injury severity, medical costs, impact on your life, lost wages, and who was at fault.

In the general California area, the average slip and fall settlement is between $30,000 and $60,000.

How Long Do I Have to File a Slip and Fall Claim?

In California, the statute of limitations for filing a slip and fall claim is generally two years from the date of the accident. This means you have two years from the date of the slip and fall incident to file a lawsuit seeking compensation for your injuries. If you fail to file a claim within this time frame, you may lose your right to pursue legal action and seek compensation.

However, there can be exceptions and variations to the statute of limitations based on the specific circumstances of your case. For instance, if the slip and fall incident occurred on government-owned property, there might be shorter deadlines and specific notice requirements.

To ensure you comply with the appropriate deadlines and protect your legal rights, it's essential to consult with a Fresno slip and fall attorney as soon as possible after your accident. Our team can evaluate your case, provide guidance on the specific timeline applicable to your situation, and take the necessary steps to initiate your claim within the required time frame.

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