Slip and Fall Accidents
Fresno Slip & Fall Accident Lawyer
Fighting For Slip, Trip, & Fall Accident Victims in California
Many people think of slipping and falling as not serious, but 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 assist you with your case, contact us at (559) 900-1280 and request a free consultation.
Where Do Slip & Falls Happen?
Slip and fall accidents can occur in various locations where 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 safety.
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 occur 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 occur 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 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 timeframe, 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. Consultation with an attorney is crucial to navigate these exceptions effectively and ensure that all legal prerequisites are met on time.
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 timeframe.
Get what you're entitled to. Contact us to get started today with our Fresno slip and fall accident lawyer.
What Damages Are Available?
Slip and fall accidents often result in significant injuries, from serious bruises and lacerations to broken bones. They can also result in concussions, traumatic brain injuries, ruptured discs, and more. As a result, victims may require extensive medical treatment and ongoing care. They may be out of work for weeks, months, or even years, and they are likely to suffer debilitating physical pain and emotional trauma due to their injuries.
At Fowler | Helsel | Vogt, our Fresno slip and fall lawyers seek maximum compensation for all your damages, including but not limited to:
- Emergency medical care costs
- Hospitalization, surgery, and other treatments
- Rehabilitation therapy
- Medications and medical equipment
- Ongoing and future care costs
- Lost income and/or wages
- Lost or reduced earning ability/disability
- Loss of future expected earnings
- Pain and suffering
- Emotional distress and trauma
- Counseling/therapy costs
- Miscellaneous expenses, such as in-home assistance or home modifications
Our firm has considerable experience going up against major insurance companies and their defense teams. We know what it takes to effectively litigate our clients’ claims, and we are prepared to fight for you.
Slip & Fall Accident FAQs
What Should I Do Immediately After a Slip and Fall Accident?
After experiencing a slip and fall accident, the first step is to ensure your safety and health. Seek medical attention even if injuries seem minor, as some symptoms may not appear immediately. Document the accident scene by taking photographs of the conditions that caused the fall, such as wet floors or broken stairs. Collect contact details from any witnesses, as their accounts can be crucial in establishing liability. Report the accident to the property owner or manager, noting their name and position. Finally, all medical records and accident-related expenses should be kept organized for potential legal proceedings.
Why Are Slip and Fall Accidents Prevalent in Fresno?
Slip and fall accidents are notably prevalent in Fresno due to the city's unique environmental and infrastructural factors. Fresno's agriculture-heavy economy means frequent movement of goods, often resulting in debris or mud on sidewalks and other pedestrian areas. Seasonal weather patterns, such as unexpected rain or fog, contribute to slippery conditions. Furthermore, older infrastructure might be more prone to wear and tear, leading to uneven surfaces and other physical hazards in places like sidewalks and parking lots. These elements combined create varied risk scenarios for both residents and visitors alike.
How Can Property Owners Mitigate Slip and Fall Risks?
Property owners can significantly reduce slip and fall risks by conducting regular maintenance checks and repairs. Ensuring adequate lighting, especially on staircases and poorly lit areas, can prevent accidents. Implementing proper signage for wet floors or uneven surfaces provides necessary warnings to visitors. Regular garbage and debris removal, alongside immediate action during adverse weather conditions, such as salting walkways in winter, are essential steps. Engaging professional help for larger maintenance tasks ensures thorough preventive measures are in place.
What Legal Recourse is Available for Slip and Fall Accidents?
Victims of slip and fall accidents have several legal options to pursue compensation for their injuries. Under California law, a person can seek damages for medical expenses, lost wages, and pain and suffering. Filing a lawsuit requires demonstrating that the property owner failed to maintain a safe environment, leading to the accident. Consultations with skilled attorneys, such as those at Fowler | Helsel | Vogt, can help clarify the strength of the case and navigate the legal complexities involved. Detailed investigations, leveraging evidence like CCTV footage or maintenance logs, underpin successful claims.
Can Weather Conditions Affect Slip and Fall Cases?
Indeed, weather conditions can substantially impact slip and fall cases. In Fresno, sudden weather changes, such as rain or fog, can make surfaces unexpectedly slippery, increasing fall risks. Property owners are expected to account for weather-related conditions; for instance, they might be required to place mats at entrances during rainy periods or ensure adequate drainage. Cases involving weather conditions often explore whether the property owner took reasonable steps to address these natural hazards and whether failing to do so directly led to the accident.
Contact Our Slip and Fall Accident Lawyer in Fresno Today
Whether you slipped and fell in a grocery store or restaurant, tripped while visiting a friend’s home, or were seriously injured in a public park or similar space, our team is ready to protect your rights and fight for the fair compensation you are owed. You shouldn’t have to simply suffer the consequences of someone else’s negligence on your own, and with our team by your side, you don’t have to.
We provide free initial consultations and contingency fees, meaning you do not owe any attorney fees unless we secure a settlement or verdict for you. You have nothing to lose by contacting Fowler | Helsel | Vogt and speaking to a member of our team about your legal rights and options.
Contact us online or reach our Fresno slip and fall accident attorney by phone at (559) 900-1280 today.
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