Berkeley Slip and Fall Lawyer
As the name suggests, a slip and fall occurs when someone is injured by negligence while on another’s property. The possessor or owner of the property can be held responsible for these types of accidents in California, under premises liability law. When you are injured in an accident caused by a slippery floor or other negligence, you have the right to be compensated, and one of our Berkeley attorneys can help you obtain the compensation you deserve.Why You Need a Berkeley Slip and Fall Attorney After an Accident
Because liability may lie with several entities or people in an accident of this type, having your case handled by a lawyer is a good idea. For example, in an amusement park, the park itself may be liable; however, the manufacturer of the ride or another patron may be the cause of the injury. An attorney can determine who is liable for your accident injuries, investigate to gather needed evidence to support your claim and can negotiate for you with the insurance company. In this way, you will be able to obtain the compensation you deserve, while you recuperate from your trauma without financial worries. Our injury lawyers have successfully helped many clients over the years in getting fair compensation following an accident due to negligence by another person or entity. We understand the pain you are going through as well as the mounting medical costs and inability to work. No one should have to deal with an accident injury and be responsible for the financial loss as well.How Do Accidents Involving Slips and Falls Occur?
The most common causes of a slip and fall accident are listed below. Spills on a floor account for over 50 percent of these types of accidents involving young workers, according to the Centers for Disease Control and Prevention, but there are many other dangers to be aware of. Some of the additional causes include:
- Water on the floor, lack of warning signs, and poorly stacked products on shelves
- Loose mats, bunched up carpeting, cords, or floorboards that provide a trip hazard
- Potholes in parking lots and upheavals in the pavement or broken curbs on either public or on government properties
- Leaking ice or drink machines
- Clutter inside a store such as stacked products in aisles and haphazardly arranged items that can fall or go unnoticed until a slip or trip and fall occurs
- Failure to provide rubberized or slip-proof mats during inclement weather or around produce aisles, both of which can make floors slippery
- Lack of employee training to spot and clean up potential hazards within a short timeline
- Not following OSHA standards to provide slip, trip and fall protection for workers
- Elevators that are incorrectly leveled, causing a trip hazard
- Escalators with bolts sticking out, missing or defective teeth, lack of inspection, and loose handrails
- Insufficient or poorly placed lighting, which makes it difficult to see
- Lack of handrails, loose carpeting, damaged tread, and poor lighting in stairwells
The following may be liable if a visitor or patron is injured in a slip and fall accident on the property:
- Private residences as long as the person is not a trespasser
- Government-owned properties
- Commercial establishments
- Amusement parks, concerts and other public venues
- Rental properties
- National Parks if the area and trails are not properly maintained
- Airports, bus and train stations
If you are injured by falling in a private or public location, taking the following steps can protect your claim, so you can get fair compensation:
- Request medical care if you are seriously injured.
- Ask the manager or other person in charge for an accident report and complete it, being specific about where the incident occurred and why.
- Take pictures of the cause of your injury with your cell phone.
- Either look around for video cameras, or ask a friend and take pictures of their locations.
- Write down on a piece of paper or in a notebook if you saw any store employees in that area before you fell, while the accident happened or afterward.
- Speak with any witnesses to your accident, and request contact information from them.
- Check and see if anyone else in the area where you fell spotted the accumulated water or other negligence that caused your accident.
- Take photographs of your injuries.
- Keep the clothing and shoes you were wearing when you were injured, and place them in a plastic bag for safekeeping.
- Use a logbook to record how your injury symptoms have progressed, along with receipts of your outlying costs for treatment.
Please take the time to watch the following video by attorney Ed Smith:Slip and Fall Accident Compensation
Either an insurance settlement is reached, or a civil suit is filed after making a personal injury claim in a premises liability accident. The quickest way to recover compensation is by negotiating a settlement with the insurance company. Business owners and their insurers often try to settle with a low-ball offer early in the case. As a result, you may be offered an amount that is well below what you need to cover your losses, but insurance companies will take advantage of the fact that you may not be working and need the money.
It is difficult to diagnose many injuries and symptoms soon after an accident, and treatment may be unclear. You must sign a release before accepting their offer, so you won't be able to sue them for the treatment you might require in the future.Recoverable Accident Expenses After You’ve Been Injured
When you suffer an injury accident, you can recover the following losses:
- Medical costs related to the injury, including transportation to the hospital, hospitalization, medicine, tests, X-rays, rehabilitation and other related expenses can be recouped.
- You can recover your lost wages, which includes the money or value of perks you would have earned had the accident not taken place. Commissions, bonuses, tips and other income can be included.
- Besides physical pain, you may also suffer psychological and emotional trauma after the accident.
Your Berkeley slip and fall lawyer must prove four main elements that are more likely to be true than not to have a successful case in California:
- The property was owned by or under the defendant's control. Proprietors, landlords, tenants, lessees, and business owners are the parties responsible for keeping a property safe.
- Negligence was shown by the defendant. An act of negligence is defined as any conduct that would be considered negligent by a rational person under the same or similar conditions.
- Your accident was a result of the defendant's negligence. The defendant's negligence must be linked to your accident, and your lawyer must prove causation. In other words, if it weren't for the defendant's negligence, your accident wouldn’t have occurred.
- During a visit to the property, you fell and were injured. Evidence of your losses must include physical injuries, medical bills, and lost wages that resulted from the accident.
I’m Ed Smith, a Berkeley slip and fall lawyer. If you were injured in a slip, trip or fall accident, we have free and friendly advice to offer when you contact us at (510) 631-0200 (800) 404-5400. We can arrange a free virtual or in-person meeting with no obligation on your part. In it, you can have your questions answered, have your case reviewed and find out what options are open for you to recover damages.
We can be contacted online as well. We are honored to be members of the associations that follow:
Discover how our team of injury lawyers has helped others at the links below:succo from Pixabay
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