Slip, Trip, and Fall Injury Attorneys in Santa Rosa

Though many people often consider slip-and-fall accidents to be minor, they can sometimes be catastrophic. This is especially true for seniors with weak bones or people with other existing health conditions. However, it’s important to note that most slip-and-fall cases involve a negligent party, meaning that you deserve compensation if you were injured in a slip-and-fall due to no fault of your own.

The experienced Santa Rosa slip-and-fall lawyers at Setareh Law will work hard to help you recover compensation for your injuries and losses. Contact us today to consult with one of our experienced Santa Rosa personal injury lawyers for free and confidentially.

Understanding Slip-and-Fall Laws in California

Slip-and-fall cases fall under the umbrella of premises liability laws. In California, like most other states, property owners, managers, and anyone legally in control of a property are required by the law to keep their premises free of hazards. Otherwise, they must erect or print warning signs where there are known safety dangers. For example, there must be a “wet floor” warning sign whenever the floor is being mopped or a liquid spills.

Under premises liability law, if a visitor or a client gets injured because of hazardous conditions on the property, the owner or the manager may be held financially liable for the injury. However, the plaintiff must prove these four elements of liability:

• The defendant is the owner, manager, or someone in control of the premises (such as renters, business owners, or occupiers) and is solely responsible for keeping the property safe.
• The defendant knew or should have reasonably known about the hazard that caused your injuries. In other words, the respondent was negligent, reckless, or careless.
• The accident is directly linked to the defendant’s negligence. In legal terms, this is known as causation. 
• The slip and fall were responsible for the plaintiff’s injuries. This can be proved through physical injuries, medical reports/bills, missed work days, and more.

Fighting for your rights and justice on your own is challenging. Our skilled Santa Rosa slip-and-fall lawyers have represented dozens of slip-and-fall victims and are well acquitted of how to prove liability. 

Proving a Santa Rosa Slip-and-Fall Claim

Most property owners have insurance to cover things like slip-and-fall claims. If you slipped or tripped or fell on business premises, your claim might be against the company’s commercial liability insurance coverage. On the other hand, someone who fell and was injured while visiting a neighbor’s or friend’s house can file a claim under the homeowners’ insurance coverage.

In any case, in most slip-and-fall incidents, the plaintiff will be dealing with an insurance company. However, most insurance companies want to limit liability as much as possible to save the company profits. Therefore, dealing with insurance companies by yourself can make you vulnerable to their tactics and finally get you to settle for less. We recommend hiring a lawyer instead. Our personal injury attorneys may help you get fair compensation and, if needed, represent you in the trial against the at-fault party.

Comparative Negligence in Slip-and-Fall Claim

The Golden State adheres to pure comparative negligence doctrine in personal injury claims. In other words, slip-and-fall victims can still get compensated even if it’s proven that they were, in one way or another, partly to blame for the accident.

For instance, the plaintiff may argue that a “slippery floor” warning sign was not clearly visible or was placed in such a way that it was hard to reasonably trace quickly upon entering the store. On the other hand, the defendant can claim that the plaintiff’s actions (such as texting while entering the store) distracted them from noticing the state of the floor or seeing the warning sign. In this case, the plaintiff may be, for example, found 30% at fault for their injuries and, therefore, can only legally collect 70% of the total compensation awarded.

What If the Injured Party Was Trespassing on the Property?

Though it can be a complex case, someone who had no legal permission to enter or be on the property when the injury occurred can still file a slip-and-fall claim. However, only if:

• There were no clearly marked property lines and “No Trespassing” or “Private Property” signs visible during the incident
• The property was booby-trapped
• The defendant is a child, as children aren’t considered responsible for their actions

Therefore, slip-and-fall claims involving a trespassing plaintiff can be difficult to deal with. Call us for legal representation. We may be able to prove their negligence and get you the compensation you deserve.

Consult a Skilled Santa Rosa Slip-and-Fall Lawyer

A “minor” slip-and-fall accident can easily and significantly change your life. You may be left with a temporary or permanent injury that requires long-term treatment and therapy to recover. This may significantly affect you financially in terms of huge medical expenses, inability to work at all or at full capacity, and lost work days or income. Besides, injuries can cause devastating pain and suffering, loss of enjoyment in life, and other mental health conditions, such as PTSD.

At Setareh Law, we understand how difficult it’s to deal with insurance companies while recovering from an injury. Our mission is to help you, or a loved one have an easy recovery process while we professionally represent and fight for your right to compensation against the insurance companies or in court. Our experienced Santa Rosa personal injury lawyers are here to help. Contact us by filling out this online form or call us at (310) 659-1826. Our team also speaks Spanish. 

Schedule a Free Consult at Our Santa Rosa Location

Setareh Law, APLC

427 Mendocino Ave #100,

Santa Rosa, CA 95401