Slipping, tripping, and falling on someone else’s property in Cerritos can sometimes result in severe injuries, such as fractured bones, dislocated joints, skin abrasions, or brain trauma. In some instances, these accidents can turn fatal.
If you suffered injuries in a slip and fall accident in Cerritos, Pintas & Mullins Law Firm could help you get compensation to cover your injuries and other damages. We have Cerritos slip and fall lawyers ready to provide the legal support you need. To learn whether you have a case that we can help you with, call our team today at (800) 223-5115 for a free case evaluation.
Determining Liable Parties in a Cerritos Slip and Fall
California Civil Code (CIV) §1714 holds everyone liable for injuries that occur on their property due to their “want of ordinary care or skill in the management of his or her property.” The rule also extends to property that they do not own but legally manage. They must implement reasonable safety measures or address hazards on the premises to prevent visitors from getting into accidents.
For example, a restaurant in the Cerritos Promenade would oversee keeping customers safe from wet floors in their space. If employees fail to place “wet floor” signs after a spill or mopping the floor, someone could slip and fall, making the restaurant liable for any injuries that arise. However, if the slip and fall hazard is in the space directly under the Promenade’s jurisdiction, such as the parking lot, the shopping center itself would be at fault.
Cerritos City Government Can Also Become Liable
According to Government Code (GOV) §835, victims can also hold public entities in Cerritos at fault for injuries caused by dangerous conditions on their premises. To bear liability for the slip and fall, a staff member’s negligence or wrongful behavior should have caused the condition. The government agency can also have liability if it received notice of the hazard and had ample time to address it before the accident occurred.
A Cerritos slip and lawyer can investigate your accident to check for other possible parties involved in the slip and fall. They are also familiar with California, Los Angeles County, and Cerritos laws relevant to your case and can check for the rules that the liable party has violated.
For a free legal consultation with a Slip and Fall Lawyer serving Cerritos, call (800) 223-5115
Cerritos Slip and Fall Recoverable Damages
A slip and fall lawsuit could help you recover from the financial cost of your injuries, such as hospitalizations, surgeries, medications, and the income you lost while receiving treatment. You can also receive compensation for intangible costs, also known as pain and suffering or non-economic damages. These can include any disabilities, disfigurements, or trauma resulting from the accident.
A Cerritos slip and fall lawyer can assist in compiling the records of your expenses so they can more accurately calculate your damages. They will also represent you in court to fight for the justice and compensation you deserve. Call the team at Pintas & Mullins Law Firm 24/7 to discuss your case.
You Could Receive Punitive Damages
The jury may award you punitive (or exemplary) damages if the circumstances behind the slip and fall meet the conditions outlined in California Civil Code (CIV) §3294. Suppose your incident happened in the public space of an apartment complex due to a defect that has already caused other accidents. Your evidence shows that the landlord had prior knowledge of this issue. However, they did not take any steps to repair the problem or warn others of its presence. Their actions show a conscious disregard for other people’s safety and could count as malicious behavior. The court can use punitive damages as a form of punishment for the negligent landlord.
Comparative Fault Rules Will Apply
Gathering evidence is crucial not just to win your slip and fall case but also to ensure that you recover most of your damages. Civil courts in California use comparative fault as outlined in Li v. Yellow Cab Co. when deciding the amount of compensation you receive. If you shared blame for the accident, the jury could reduce the damages proportionately. So, if you were 35 percent liable, you would only recover 65 percent of the claim’s value (e.g., if your damages amounted to $200,000, you will get $130,000, or 65 percent of the total).
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Time Limit for Filing Cerritos Slip and Fall Cases
Your Cerritos slip and fall case follows the same statute of limitations as other personal injury cases in California. California Code of Civil Procedure (CIV) §335.1 states that you must file your lawsuit within two years of the accident date. Some exceptions might apply, and a personal injury lawyer can determine whether any apply to your case.
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Different Requirements for Government Slip and Fall Claims
Though you can also file a slip and fall claim against a Cerritos government agency, you have a shorter time frame to submit it. Under GOV §911.2, you have six months to file your claim. If the agency formally rejects your claim within 45 days, you get another six months to bring a suit to court. Claimants who do not receive a formal rejection will get a two-year limit.
The court automatically dismisses lawsuits that miss the deadline, so make sure to submit yours on time. Though it may seem like you have a generous time limit, keep in mind that compiling all the evidence to support your case before filing a claim could take a while. You may also have injuries that prevent you from actively pursuing the case on your own. Working with a Cerritos slip and fall lawyer could help ensure that someone works on your claim even when you cannot.
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Pintas & Mullins Law Firm Is Here to Fight for You
Injuries from a slip and fall can often become expensive to treat. However, if a property owner or tenant’s negligence caused your accident, a Cerritos slip and fall lawyer can help you file a personal injury lawsuit against these liable parties.
Pintas & Mullins Law Firm has handled personal injury claims and lawsuits throughout the U.S. for over three decades. Besides slip and fall accidents, we also work in other practice areas, including nursing home elder abuse, cruise ship injuries, and workers’ compensation. For concerns regarding your case, you can call our team at (800) 223-5115 for a free evaluation.