Norwalk Slip and Fall Lawyer
Slip and Fall Accident Attorney in Norwalk, California
Property owners, leasers, and managers have a duty to keep their premises and the surrounding environment safe for those visiting or working there. If a person who is legally allowed to be on a property is hurt while there, they can file a claim for damages they suffered due to that accident.
The Setareh Law team has years of experience representing victims of slip-and-fall accidents, as well as those of other premises liability cases in Norwalk. To determine whether your case qualifies for a slip-and-fall claim, speak to one of our personal injury lawyers today.
Causes of Slip-and-Fall Accidents
Unfortunately, most slip-and-fall accidents are avoidable and happen purely due to negligence. Below are some of the common causes of slip-and-fall accidents:
- Spills and plumbing leaks
- Uneven floors
- Over-waxed or over-polished floors
- Loose or torn carpeting
- Broken or missing handrails for stairs
- Uncovered cables and cords
- Broken furniture
- Lack of posted warning signs following mopping, waxing, or other known hazards
- Failure to rope off construction sites
Slip-and-fall accidents can cause serious injuries such as traumatic brain injury, spinal and back injuries, and broken bones. If you are involved in a slip-and-fall accident, you should seek medical assistance as soon as possible. Some injuries may appear minor at first but can take time to manifest the true extent of the damage.
What Are Slip-and-Fall Laws in Norwalk?
In order to recover damages in a Norwalk slip-and-fall claim, the accident must have been caused by someone else’s negligence. A property owner or manager is negligent in a slip-and-fall accident if:
- They knew or should have known, within reasonable care, about the hazardous condition that caused the accident
- Failed to repair, give adequate warning, or protect against the hazard
Also, to establish whether the defendant exercised reasonable care, the following factors are investigated:
- The likelihood that someone else would enter the property in the same manner as the plaintiff
- The probability of an injury occurring and the seriousness of the injury
- How difficult is it to protect those on the property from harm due to the hazard
- If the defendant knew or should have known about the unsafe condition and how much control they have over the condition
Further, the plaintiff must establish the following four elements:
- The defendant owned, leased, controlled, or occupied the property where the accident took place
- The defendant was negligent in the maintenance or use of the property
- They suffered injuries from slipping and falling at the property
- The defendant’s negligence played a significant role in the accident
The statute of limitations in California is two years from the date of the accident. However, when the claim is against a government entity, you have six months to file a claim. Exceptional circumstances may change these dates. For example, if the defendant is out of state, if the plaintiff is a minor, or if the government denies or doesn’t respond to your claim.
Recovering Damages in a Slip-and-Fall Claim
In a slip-and-fall accident claim, you are entitled to receive all compensatory damages you suffered due to the accident. Compensatory damages are the economic and non-economic damages that result from the defendant’s negligence. Economic damages include things such as medical expenses, property damage, and lost income. On the other hand, non-economic damages such as pain and suffering cannot be quantified to a dollar, which is why the assistance of an attorney is greatly beneficial.
In cases of gross negligence, punitive damages may be awarded so as to punish the defendant. Punitive damages can be awarded in cases where the defendant knowingly destroyed evidence of their liability or if their negligence led to catastrophic injuries or wrongful death.
Liability in Slip-and-Fall Accidents
California is a comparative negligence state. This means that multiple parties, including yourself, can be liable for your fall. In these cases, compensation is awarded according to each party’s percentage of fault. If you are found 15% responsible for your slip-and-fall accident, you will only receive 85% of the awarded compensation.
However, if you were trespassing at the time of your accident, the property owner or controller will not be legally responsible for your injuries. Further, if the hazard was obvious, liability would not fall on the property owner, provided a reasonable person would have avoided it.
Also, if you are injured at work, it doesn’t matter who the liable party is. You only need to prove that:
- You did not intentionally harm yourself
- You were not intoxicated at the time of the accident
- The state’s workers’ compensation covers your specific injury
In such cases, you can receive compensation for damages, such as medical expenses, through workers’ compensation.
Contact a Seasoned Norwalk Slip-and-Fall Lawyer at Setareh Law Today
If you were involved in a slip-and-fall accident, it is vital that you seek an experienced slip-and-fall lawyer. They will help you determine who is liable according to the unique events of your case. Your lawyer will also handle all your paperwork and all communication with the defendant’s lawyers and insurance folk. Your health and recovery are our biggest priority, and we aim to ease the process for you as much as possible.
Setareh Law is a highly accomplished personal injury law firm committed to serving all our clients across California. Our Spanish-speaking team offers a free consultation where we discuss your case to determine eligibility. Further, we handle all our cases on a contingency fee basis, meaning that you will only pay when we win your case. Contact us today at (310) 659-1826 or by filling out our contact form online.