Slip and Fall Accident
We Handle Slip and Fall Accident Claims in Roseville and Elsewhere in Placer County
An unexpected fall can turn your world upside down in more ways than one. One minute you are entering a grocery store, post office, or business. Next, you are lying on your back in obvious pain. Far too many people have had to deal with this situation. The National Floor Safety Institute estimates that one million people nationwide seek medical care for slip and falls each year.
When individuals fail to maintain their properties, they become liable to anyone injured from a tumble. Bringing a claim for compensation is not easy, however. There are many hurdles along the way, and injured victims would do well to reach out to a Roseville slip and fall accident attorney today to review their case.
“After a slip and fall, make sure to talk to a manager or supervisor and have them make an incident report and provide you with their insurance or corporate office information.”
– Brian P. Azemika, Roseville Slip and Fall Attorney
A Slip and Fall Accident Claim is a Type of Premises Liability Claim
As a starting point, it is important to understand that a slip and fall accident claim is a type of premises liability claim. Premises liability law in California holds that land owners and property occupiers (businesses) can be held liable for an incident on their premises—including a slip and fall accident—that happened because of an unreasonably hazardous condition. Premises liability claims are fault-based legal cases. Roseville slip and fall cases must prove negligence to hold a business or building owner liable for their injuries.
Hurt in a Slip and Fall Accident in Roseville? Four Steps to Take to Protect Your Rights
A slip and fall injury can disrupt your entire life. Knowing the right steps to take can help you make the recovery process—both medically and financially—far less challenging. Be proactive. Here are four steps to take if you were hurt in a slip and fall or trip and fall in Roseville:
- Seek Immediate Medical Care: Your health is the utmost priority. Even if injuries seem minor, seeking immediate medical attention is crucial. Under California’s premises liability laws, you need medical documentation to support your personal injuries claim.
- Document the Safety Hazard: A premises liability lawsuit is a fault-based legal case. Documenting the hazard is key. You should collect evidence of the exact property defect that caused your fall. Take photographs and get contact information for any eyewitnesses.
- Notify the Business or Land Owner: The responsible property owner or business in Roseville should be aware that an accident happened. Be sure that you report the injury in a timely manner. Save any records.
- Consult With a Roseville Slip and Fall Lawyer: Personal injury claims are generally defended by insurance companies. They generally fall under property insurance coverage (liability coverage). You cannot rely on any insurance company to look out for your best interests after an accident. Be sure to consult with and hire the legal services of a Roseville premises liability attorney to ensure your medical bills and other medical expenses are fully covered.
Slip and Falls Cause Painful Injuries
Regardless of your age, anyone can suffer a serious injury when they fall. These injuries often keep people out of work or school for months as they try to rehabilitate the injury. Some of the more serious injuries include:
- Fractures. Any bone could break when a person lands, but most commonly victims break an arm, hip, or collarbone. The elderly, in particular, can suffer hip damage in a fall. Fractures have many complications. A broken bone might slice nearby nerves or arteries, leading to pain or bleeding.
- Concussions. A person can suffer a concussion when they strike their head on the ground. In serious accidents, they might black out for a minute or two. Concussions can lead to headaches, confusion, and impairments with speech, mood, or balance.
- Shoulder injury. If you land on your shoulder, you could dislocate it or damage some of the soft tissue, causing pain and swelling.
- Back injuries. A person can injure their back when they land or while trying to wrench their body to avoid the fall. Back injuries lead to near constant pain and can be very difficult to rehab.
- Spinal injuries. A blow to the spinal column can lead to many problems, such as hairline cracks or dislocated discs. Other injuries are degenerative, meaning they will worsen over time.
Property Owner Liability for a Slip and Fall
California law is very clear that those who own or control property must use “ordinary care” to keep the property safe. Individuals injured on someone else’s property could be eligible to sue. This does not mean that property owners must do everything humanly possible to keep people from slipping and falling. However, it does mean that they must make reasonable efforts not to create hazards and they must reasonably fix any hazard they know about. In many cases, an owner must also inspect their property at reasonable intervals to discover hidden defects which could injure someone.
Unfortunately, many defendants are lax when it comes to maintenance. This is also true of business owners. They allow some hazard to increase the risk that a visitor will slip and fall, such as:
- Worn carpeting
- Loose floorboards
- Cracked or broken steps
- Missing banisters
- Poor lighting
- Spilled liquids or wet floors
- Wet leaves
Some hazards occur naturally, like leaves torn from a tree during a storm. But others might be created by the property owner. For example, someone who mops their floors during business hours should warn visitors that the floors are wet.
One question which arises is whether the owner knows of the hazard. For example, it might be created by another visitor, such as a customer in a grocery store who drops a gallon of milk. Under the law, property owners don’t need actual knowledge. It’s enough that they “should” know a hazard exists if it occurs regularly or if a reasonable owner would have discovered it.
How Comparative Negligence Could Impact Your Roseville Slip Injury Case
California operates under the legal doctrine of comparative negligence. Comparative fault could have a significant impact on your personal injury claim. You can recover compensation even if you are partially responsible for your own slip and fall accident—but your settlement or verdict will be reduced proportionately to your degree of fault.
For example, imagine that you suffered $20,000 in damages in a fall that occurred at a Roseville restaurant. However, an investigation revealed that you were at fault for 10 percent of your own accident because you were looking at your phone while waking. California law states that you will be liable for 10 percent of your own damages ($2,000).
Know the Statute of Limitations for Slip Injury Cases in California
There is a strict deadline to bring an injury claim in California. The statute of limitations for Roseville slip and fall accidents is two years from the date of the accident. What happens if you wait too long to pursue a claim? You may be denied a chance to recover financial compensation at all. There are few exceptions to California’s statute of limitations for personal injury claims. Do not delay: Consult with a Roseville slip and fall accident lawyer right away and get the fair compensation you deserve.
Recovering Financial Compensation for a Slip and Fall Accident in Roseville
Hurt in a slip and fall in Roseville? You need compensation to pay bills—including your medical costs. Unfortunately, businesses, property owners, and their insurers fight to settle claims for less. At The Law Office of Brian P. Azemika, our Roseville slip and fall accident lawyer is committed to helping victims maximize their financial support. Depending on the nature of your case, you may be entitled to recover compensation for:
- Emergency medical treatment;
- Hospital bills and other health care costs;
- Physical therapy and rehabilitative treatment;
- Lost wages and diminishment of earning potential;
- Pain and suffering & mental distress;
- Long-term disability or scarring; and
- Wrongful death of a family member.
Let Our Roseville Slip and Fall Accident Lawyer Help You
Some people imagine they can negotiate a claim on their own. However, this is a mistake. Many defendants would like nothing better than for someone to be unrepresented by a skilled slip and fall accident lawyer. It is often difficult to obtain fair compensation for things such as medical expenses related to your Roseville slip and fall case, so a team of seasoned slip and fall accident attorneys by your side is a big asset. They can help to ensure the responsible party is held accountable and that you receive full compensation.
As part of our personal injury services for slip and fall accident victims in Roseville, we can:
- Collect evidence. We might bolster a case by searching for security video of the accident, or we will gather evidence to show the full extent of your injuries.
- File paperwork. We can submit a claim for compensation with the defendant and even file a lawsuit to protect your rights.
- Negotiate with the defendant. There is a definite art to negotiation. Few defendants make fair settlement offers initially. Instead, we need to negotiate to increase the amount offered.
- Review settlement offers. Every settlement comes with a release of liability, and we ensure that it is fair and not too broad. We also review how the settlement will be paid out.
- Litigate a case. If settlement is impossible, we can represent you in a lawsuit in court.
Need More Info? Call Us for a Free Consultation With a Roseville Slip and Fall Accident Lawyer
The Law Office of Brian P. Azemika represents accident victims in Roseville and surrounding areas. If you or your loved one was hurt in a slip and fall accident, we are here to help. Call our firm today or contact us online to schedule a free consultation. From our law office in Roseville, we are well-positioned to represent slip and fall accident victims in Placer County and beyond.
2270 Douglas Blvd, Suite 218
Roseville, CA 95661
Brian Azemika fought for me when others thought my case was a lost cause. Brian Azemika took over my case with only a few weeks to prepare prior to trial. His knowledge and expertise showed in how he prepared me for my testimony at trial. He also had a great presence in the courtroom and really connected with the jury during the entire trial. He did such a great job in the eyes of the jury that many of them approached him after the trial and asked him for his business card. Thanks to Mr. Azemika, the jury returned a verdict for $400,000.00, which was amazing since the settlement offer from the insurance company was for only $45,000.00 on the first day of trial. I am so glad that Brian Azemika was my trial attorney.