Slip and fall accidents can happen anytime and anywhere in Santa Clarita. For instance, you could trip over a broken tile or slip on a wet floor while at the supermarket or department store. Your fall may result in severe injuries that are costly to treat.
You may be able to hold the party in charge of the premises liable for your accident. A Santa Clarita slip and fall lawyer from Pintas & Mullins Law Firm can help you get compensation for your resulting injuries and damages. To find out how, call the legal team at (800) 223-5115.
Premises Liability Laws
Under California Civil Code (CIV) §1714(a), the property owner, business, person, or entity responsible for the property can be liable for their visitors’ injuries if caused by issues on the premises. They must keep their property safe from foreseeable accidents such as slipping on wet floors or tripping on a jagged walkway. Some of the protective measures they could use include setting up warning signs or temporarily cordoning off an area with a known safety hazard.
Under California Government Code (GOV) §835, governmental departments in Santa Clarita also are not exempt from the state’s liability statutes. If they knew about the dangerous conditions on their property but did not address them, they could also be at fault for a slip and fall accident. However, you have to file an administrative claim with the government office before you can take matters to court. A Santa Clarita slip and fall lawyer can help you to file the claim.
Damages in a Slip and Fall Case
A slip and fall lawsuit allows you to potentially get compensation for your injuries and damaged valuables. Your economic damages include lost wages, hospital bills, and medication expenses. If you are filing the case on behalf of a deceased loved one, you may also get compensated for funeral and burial expenses. You can also obtain noneconomic damages that aim to repay you for the pain and suffering you went through, such as psychological trauma, disabilities, or disfigurements.
If you compile your injury-related expenses early on, it will help in calculating your damages accurately and ensuring that you are compensated fairly for your injuries.
For a free legal consultation with a Slip and Fall Injury Lawyer serving Santa Clarita, call (800) 794-0444
State Laws Affecting Recoverable Damages
California uses a comparative fault rule in injury cases. It can potentially reduce the amount of compensation you can receive in your slip and fall case. If you are partially liable in the accident, the judge could deduct your recoverable damages based on your percentage of fault. Suppose the court finds you 20 percent responsible for slipping on a wet floor because you were running, increasing your chances of slipping. You then may only recover 80 percent of the damage amount. So if you were initially entitled to $90,000, you then would only get $72,000.
The civil court may also award punitive damages if they find the liable party’s behavior extremely negligent or malicious. For example, a business could have had previous instances of slip and falls with the same cause. However, they did not address this problem, which shows disregard for their visitors’ safety. The jury may view this as an act of gross negligence and make you eligible for punitive damages.
A Santa Clarita slip and fall lawyer can help you gather evidence to prove the other party’s liability and lower the chances of having your recoverable damages deducted. They can also defend you in court and guide you through the proceedings. If the business or property owner proposes a private settlement, a lawyer can also negotiate with them to help you get more favorable terms.
To consult with the legal team at the office of Pintas & Mullins Law Firm, call or send a message through this site.
Santa Clarita Slip and Fall Injury Lawyer Near Me (800) 794-0444
Observing Statutes of Limitations
Just like all other injury cases, a Santa Clarita slip and fall lawsuit has a filing deadline that you should comply with, as the court automatically dismisses suits that miss them. According to California Code of Civil Procedure (CCP) §335.1, your slip and fall case has a two-year time limit. However, if tolling exceptions apply to your situation, your deadline can be moved to a later date. For instance, if you are suing on behalf of your child, the statute of limitations may not start running until they turn 18 years old.
The statute of limitations for government injury claims, GOV §911.2, differs from a typical lawsuit. If you are suing against a Santa Clarita department, you have to file the claim within six months from when you got injured. In turn, the agency has 45 days to respond to you. If they give a formal rejection, you have another six months to take it to court. If they do not give a formal rejection, the standard two-year deadline will apply.
While a few months or years may seem like enough time to make your claim or lawsuit, keep in mind that you may have other priorities that need your focus, such as recovering from your injuries. Having a Santa Clarita slip and fall lawyer can help to ensure that you file on time. They can check to see if there are any tolling exceptions in your case, to help determine your exact deadline and continue working on your case whenever you cannot.
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We Will Fight for Your Rights
You may face a prominent business or person in your slip and fall lawsuit, but do not let it intimidate you. The office of Pintas & Mullins Law Firm is ready to fight for your right to get compensated. A Santa Clarita slip and fall lawyer can assist you throughout your case until you reach a favorable outcome.
We have worked on personal injury cases from all across the United States for more than 30 years. Besides slip and fall accidents, we also handle nursing home abuse, drug injuries, dog bite lawsuits, and more for our clients. If you have any concerns that you would like to discuss with us, call (800) 223-5115. You may also message us on this website so that we can review your case for free.