Suffering an injury from a slip and fall accident can happen to anyone. Many slip and fall accidents happen in public places like a public lobby, a small business location, a restaurant, grocery store, hotel resort, or similar public setting.
While injuries suffered in a slip and fall accident in California may be minor, the more serious the fall, the more severe the injuries may become. Depending on one’s age and circumstances of a fall, a person can sustain injuries like fractured wrists, broken arms, broken legs, dislocated hips, spinal cord breaks, possible traumatic brain injuries, and even death.
If you or someone in your family suffered injuries recently from an accidental slip and fall, you might want to seek the counsel of a personal injury lawyer. See how a Claremont slip and fall lawyer at Pintas & Mullins Law Firm can help you by calling us to speak to one of our team members.
We will listen to you describe details of the fall, the nature of your injuries, and the evidence you might have of the area of the slip and fall. We can possibly move forward with a lawsuit against the property owner. Call us at (800) 223-5115 for an initial no-fee consultation.
Not All Falls Are Due to Negligence
Not every slip and fall accident can lead to a personal injury lawsuit to seek damages. There are certain kinds of slip and fall cases that are applicable to the owner being sued for negligence. Just because somebody falls on someone else’s property doesn’t necessarily make the property owner responsible for the injuries suffered.
The key concept at work in a slip and fall accident is the level of defect that is recognized by the court. Was the fall caused by just a minor defect in a sidewalk, or carpet or wiring area? Was the defect large and noticeable by almost everyone who came upon it?
The defect must have certain characteristics that made it a dangerous and hazardous condition seen by all who come across it. That’s what makes your accident strong enough to be able to qualify for a lawsuit.
People often assume that if you slip and fall in a public place, you can instantly sue the property owner and recover damages, but that’s not always the case. You must show that the property had a defect and that it caused your injuries.
To make a case that the building owner or building management company was negligent, and this negligence caused your accident, there are certain criteria that a personal injury attorney would need to prove in a civil case.
A plaintiff’s attorney must cover four main areas to prove that the client was hurt and suffered injuries as a result of the defect or hazardous condition.
- Prove Breach of Duty: Determine who was responsible. Who had a duty to maintain the premises or take care of any potentially hazardous conditions? There could be a number of parties that might be responsible, including the owner, property manager, outsourced company to maintain premises, and more.
- Notice: Did the responsible party know or should have known about a dangerous or hazardous condition? Did the party put up a warning sign, or cordon off the area to protect people? A plaintiff’s attorney must be able to prove that.
- Damages: The plaintiff would have to prove that the dangerous condition actually caused the damages or injuries that were incurred. The sooner an accident is reported and the injuries are verified, the better the chances for a court to find a plausible link between the accident and injuries.
People often wait to report the slip and fall accident. The delay sometimes helps foster the impression that the dangerous condition and their injuries are not connected. If you injure yourself in a slip and fall accident, our Claremont slip and fall lawyer might be able to help you. Call us at your earliest convenience.
For a free legal consultation with a Slip and Fall Injury Lawyer serving Claremont, call (800) 223-5115
Statute of Limitations in California
A statute of limitations is the legally allotted amount of time that you have to file a slip and fall case for falling on private or public property. In the state of California, California Code of Civil Procedure (CCP) §335.1 is clear that potential plaintiffs have two years from the date of the slip and fall injury suffered to initiate the legal claim.
The actual first filing paperwork must be filed within 24 months of the fall. Injured plaintiffs should be aware of unique issues and exceptions.
Six Months for a Public Government Building Slip and Fall Lawsuit
The two-year statute of limitations above is used in cases involving private defendants, like residential property owners, or commercial building owners, for instance. Different rules exist when filing lawsuits for injuries in slip and fall accidents in government buildings.
The statute of limitations to file a lawsuit against the state government for injuries suffered in accidents at government entities, like state offices, government buildings, congressional buildings, government utility offices, and more, is six months in California.
This could even include state parks, public schools, and other official buildings. Six months is the amount of time allowed to file a claim with the government. If your claim is rejected, then you still have another six months to file a regular lawsuit.
Be aware that this two-year window to file a lawsuit could be your only hope to win damages against the at-fault property owner or negligent maintenance staff. Once the two-year limit is passed, then you essentially lose your ability to file any kind of claim at all to seek financial compensation for your injuries.
Pintas & Mullins Law Firm has lawyers who are experienced in handling slip and fall cases in California. The Claremont slip and fall lawyer on our team can discuss your case and find out where we can provide support and counsel in this unsettling time of your life.