People can slip and fall anywhere and for many reasons. Fortunately, most accidents leave minor injuries that heal quickly on their own. Yet there are also times where a falling accident has more severe consequences; and when they happen because of a property owner’s negligence, there may be cause for legal action with assistance from a knowledgeable personal injury attorney.
You could be eligible to collect a settlement when you sustain injuries because a landowner or property manager was careless. Schedule a meeting with an experienced Burbank slip and fall lawyer to learn more.
Typical Slip and Fall Causes
California laws require property owners, or those responsible for the upkeep and maintenance of a property, to ensure their premises are safe for those they invite to enter. Some of the typical causes for slip and fall lawsuits include the following:
- Uneven surfaces
- Loose cords or wires
- Cluttered floors and walkways
- Broken or defective handrails
- Loose carpeting or floorboards
- Recently mopped or waxed floors
- Potholes in parking lots or on sidewalks
- Slippery floors from rain, snow, and spilled liquids
A Burbank slip and fall attorney could conduct an investigation to determine why and how the accident occurred, and build a solid claim for damages.
Recoverable Damages for Slip and Fall Cases
The amount of damages someone may recover in a civil claim depends on the case specifics. The civil court will consider the severity of the plaintiff’s injuries and how those injuries will affect them throughout life. The defendant’s actions will also play a substantial role in the final decision. Some potential recoverable damages for plaintiffs in slip and fall cases include:
- Current and ongoing healthcare expenses
- Lost salary, earning potential, and benefits
- Pain and suffering caused by the accident
- Home renovations, prescriptions, and medical devices
- Losing interest in the things and activities they once loved
- The emotional distress and mental anguish the plaintiff suffers because of the injuries
If settlement talks do not produce an agreement and the case goes to court, a jury will consider all the facts of the case and determine the fair and reasonable award amount based on the circumstances. A slip and fall attorney in Burbank could assemble and present a comprehensive list of the injured person’s losses to the court.
The defendant may present evidence to argue the plaintiff shares part of the responsibility for the damages. When the civil court determines the claimant shares a percentage of liability, it will not restrict them from collecting a settlement for their losses. According to guidelines provided in the California Code of Civil Procedure § 1714, when the defendant and plaintiff share fault, the court will reduce the award for damages by their part of the liability. For example, if the award for damages is $100,000 dollars but the plaintiff is found to be 20 percent at fault for their injuries, they may only collect $80,000.
Regardless of how much fault they are responsible for, the injured party can collect compensation for the defendant’s part of the liability. A slip and fall lawyer in Burbank could answer questions about how shared fault might affect the claim.
Time Limit to Seek Legal Action
The statute of limitations provides the time limit to seek legal action for personal injury cases in California. The claimant has two years from the date of injury to file the lawsuit, and missing the expiration date could mean losing the ability to recover an award from the careless property owner.
Schedule a Meeting With a Knowledgeable Slip and Fall Attorney in Burbank
Property owners, possessors, and managers must conduct regular inspections to find potential hazards and repair them to ensure the area is reasonably safe. The court will hold them financially accountable when a tripping accident happens because they fail to uphold their legal responsibilities.
You could be eligible for compensation to cover your damages and losses if you suffered bodily harm from a negligent landowner. Call a seasoned Burbank slip and fall lawyer today to schedule a consultation and review your case and options.