Slip and fall, as well as trip and fall, claims or lawsuits are commonly referred to as premises liability actions. In such actions, the owners of the premises are held to be at fault for accidents that occur due to certain hazards or defects on their property. The property owners may even be held responsible for the actions of another (including guests, employees, or even trespassers) for failure to clean up or repair a condition that presents a safety hazard for those walking on the property or premises.
Common conditions that generally lead to premises liability actions may include wet or slippery floors, uneven steps or floors, falling objects, inadequate security, or any other dangerous conditions on one’s property. To illustrate how liability affects the owner of the property, the following are some examples from my most recent cases:
- Large chain store found to be at fault for slippery, wet substance causing my client to slip and fell when employees had opportunity to take notice of such a condition and failed to timely clean-up the defect.
- Franchised restaurant found to be at fault when a patron dropped a piece of food on the floor, which resulted in my client slipping and falling to the floor and sustaining multiple injuries, including a meniscus tear in her knee.
- Homeowner found to be at fault when a guest tripped and fell while walking down uneven steps in the homeowner’s backyard during a house party.
Typically, similar to auto accidents, in a premises liability action the owners of the property in which the slip and fall incident occurred will have insurance coverage for such accidents. Thus, the insurance company would pay for the victim’s medical bills, pain and suffering, lost wages, or the like that results from the slip and fall incident.
Experience has shown that slip and falls can be very devastating and debilitating for the injured victim. Unfortunately insurance companies and their legal representatives often downplay the significance of the victim’s injuries. However, as in any accident, there are critical steps that a victim can take to preserve and aggressively assert his or her rights, including hiring an experienced and competent lawyer.
In California, an accident victim generally has up to two years to file a lawsuit if needed for a slip and fall accident. Nevertheless, it is important to be aware of other statutory limitations, such as when making a claim against a city or government for an accident as defined under the California Tort Claims Act. For example, a trip and fall victim along a Los Angeles City sidewalk must first provide the City with written notice within six months from the date of injury and must file for lawsuit no later than six months once the government rejects the claim.
If, G-D Forbid, you are involved in a slip & fall or any other premises liability incident, it is important that you contact a personal injury attorney who has experience in handling these type of claims.
By: Eldad M. Younessi, Esq.
[Eldad (aka “Eli”) is a passionate personal injury attorney. Eldad is very emphatic to his clients and relentlessly pursues the best outcomes for their accidents. He is an associate at Saidian & Saidian, PLC and can be reached directly at (213) 222-8564.]
Disclaimer: Please note that any information provided, and/or other legal information presented, on this post is not intended to be legal advice. The information on this post is merely for informative use based on my experience in handling premises liability accidents. You should consult an attorney for advice regarding your personal matter.