A slip and fall accident can turn an ordinary trip around Fontana into a painful, traumatic experience. If a slip and fall accident leads to severe injuries, it may saddle you with crippling medical bills.
If you or your loved one have recently sustained injuries following a slip and fall accident on someone’s property, we can help. The Fontana slip and accident lawyers at Attorney Jeff Injury Lawyers can help you seek justice and recover damages.
Schedule a free consultation, and our Fontana injury lawyers will review your case and explore your legal options. We can help you formulate a plan to seek compensation for your injuries. Get a free consultation with us today.
Common Causes of Slip and Fall Accidents
The circumstances surrounding a slip and fall accident are vital when determining negligence and dangerous situations. Establishing how an accident occurred is a core part of the legal process. Common causes of slip and fall accidents in Fontana include:
- Wet and slippery floors: Tracked in dirt, leakages, spillages, and moisture collection are the leading causes of hazardous floors.
- Cluttered floors: Cluttered spaces in offices, shops and other businesses pose serious tripping hazards.
- Damaged floors and stairs: Loose floorboards, torn carpets, and broken handrails in commercial and residential properties are known hazards.
- Poor lighting: Poorly lit areas often lead to slip and fall accidents. When transitioning from a well-lit area to a dark section, temporary vision impairment may lead to a fall.
- Damaged walkways and sidewalks: Walkways with gaping holes and cracked sidewalks can spell disaster for pedestrians.
Proving negligence during a slip and fall accident can help maximize financial recovery. Skilled attorneys can ensure the culpable defendant is held liable for their negligence.
Injuries Suffered from Falls
Slip and fall accidents send more than one million people to the emergency room annually. According to the Centers for Disease Control, 1 in 5 falls results in head injuries and broken bones.
Slip and fall injuries range from mild to severe and include:
- Traumatic brain injuries
- Spinal cord injuries
- Facial injuries
- Hip fractures
- Back and neck injuries
- Broken pelvic bones
- Fractured arms, wrists, and ankles
- Severe cuts and lacerations
If you sustain personal injuries following a slip and fall accident in Fontana, you can pursue compensation for your injuries. You may recover damages to cover property damage, medical expenses, lost wages, trauma, and pain and suffering.
What Responsibilities Does a Fontana Property Owner Have?
Under California law, property owners in Fontana should uphold several legal and ethical responsibilities, including:
- Providing a safe and habitable property: A property owner must ensure their property is safe and livable for tenants, occupants, and visitors.
- Complying with building codes and regulations: They must comply with all the city, county, and state building regulations.
- Disclosing property defects: They must disclose any known defects to prospective tenants or buyers.
- Maintaining and repairing the property: They should promptly address any maintenance and repair issues raised by the tenants.
Property owners owe their workers, tenants, and visitors a duty of care. They should keep their premises free of dangers and hazards that may lead to a slip and fall accident. That includes ensuring proper maintenance and keeping the floors clean and mess-free.
Property owners can be liable for falls resulting from missing handrails, poor lighting, abrupt floor changes, and dangerous debris. They’re also responsible for wet or uneven surfaces, hidden hazards such as holes in the ground, and unsafe escalators or stairs.
What to Do if Your Slip and Fall Claim Was Denied
If your claim was initially denied due to insufficient evidence, it is possible to file an appeal. California statutes allow you to file an appeal and provide the requisite documentation proving that your injuries entitle you to compensation.
Typically, slip and fall accident claims are denied for three reasons:
- A lack of evidence proving a third party’s negligence.
- Insufficient evidence supporting your injuries.
- Filing an incomplete slip and fall injury claim.
Once you establish the ground that led to the claim denial, you can set out to collect evidence to support your case. The legal systems operate on facts and evidence; therefore, you must back up every claim with tangible evidence. Medical bills, records, and an accident diary are some of the proofs you can use to strengthen your claim.
If your attempt to resolve the problem with the insurance company fails, you may file a claim against the property owner. For losses below $10,000, you may lodge a claim in the small claims court. You will likely have to file a lawsuit in a higher court if you sustained severe injuries.
If you have a reason to believe that the insurance company denied your slip and fall accident due to bad faith, our Fontana slip and fall accident attorneys can help. They can reexamine your case and fill you in on the available legal options.
What’s the Statute of Limitations for a Slip and Fall Case in California?
California’s statute of limitations for a slip and fall case is generally two years from the accident date. In other words, if you were injured in a slip and fall accident on someone else’s property, you have two years from the day the accident happened to file a lawsuit.
However, there are some exceptions to this rule, depending on the circumstances of the case. The statute of limitations may be shorter, typically six months, for slip and fall accidents on government property.
The legal deadline may be extended if the accident involves a minor or someone who is mentally challenged or incapacitated.
If you don’t file your slip and fall accident claim within the legal timeframe, you may forfeit the right to seek financial recovery from the liable party. The property owner may ask the court for a dismissal, and the court will likely dismiss the case as it lacks legal merit. Lodging a timely claim is crucial as it affords you more leverage when negotiating a settlement.
Consult an Experienced Slip and Fall Attorney in Fontana
Working with seasoned slip and fall accident attorneys can help you build a solid case.
The Fontana slip and fall accident lawyers at Attorney Jeff Injury Lawyers can review your case for free and help collect evidence to hold the property owner accountable for their negligence.
Contact our Fontana slip and fall attorneys to determine if you’re entitled to compensation following a slip and fall accident.
Slip and Fall Accident FAQs
Can you sue the city if you trip over a broken sidewalk?
You may sue the city for negligence and pursue damages, because the municipality owes residents a duty of care.
What damages can I recover from a slip and fall injury?
A slip and fall lawsuit can help you recover economic and non-economic damages to cover your medical bills and any other losses due to your injuries.