California Trip and Fall Accident Injury Lawyer

A “trip and fall” is a type of premises liability accident in California. Not every fall results in trip and fall liability. In order to recover damages, the accident must have been caused by the carelessness of another party. Call us at 800-816-1529.

How to Sue for a Trip and Fall Accident in California

In California, someone is negligent when he or she:

1. Knows, or through the exercise of reasonable care should have known,
2. About a hazardous condition on property, he or she owns or controls; and
3. Fails to repair, protect against, or provide adequate warning of the condition.

Common causes of trip-and-fall liability in California include:

• Spills,
• Plumbing leaks,
• Loose carpeting,
• Uneven floors,
• Uncovered cables and cords,
• Broken or missing railings,
• Broken furniture,
• Failure to rope off construction sites, and
• Failure to post warning signs regarding known hazards.

Our California personal injury attorneys discuss the following to help you understand how to recover damages for “trip & fall” accidents:

Who is responsible for a trip and fall in California?

In California, individuals have a duty to protect those who enter their property from harm. This obligation applies to property owners, lessees, occupants, and controllers.

In California, there may also be parent companies or insurers responsible for compensating victims of trip-and-fall accidents.

Dylan trips on a loose carpet while attending an event at a hotel nightclub and sustains multiple injuries, including a head injury and a broken bone. A promoter has rented the nightclub for the evening. The event promoter, the nightclub owner, the hotel, the hotel’s parent company, the parties’ insurers, and possibly some of the nightclub’s or promoter’s employees are potential liable parties in this trip-and-fall claim.

What must I demonstrate to recover damages?

In order to recover damages for a trip-and-fall accident in California, a plaintiff must prove four elements:

1. The defendant owned, leased, occupied, or controlled the property;
2. The defendant was negligent in the use or maintenance of the property;
3. The plaintiff was injured by tripping or falling on the property; and
4. The defendant’s negligence contributed significantly to the plaintiff’s injuries.

When is the owner or occupant of a property considered negligent?

A plaintiff seeking compensation for a trip-and-fall must demonstrate that the defendant was negligent.

In California, a defendant is negligent in the use or maintenance of his or her property if:

1. A condition on the property created an unreasonable risk of harm;
2. The defendant knew or should have known about it; and
3. The defendant failed to repair the condition, protect against harm from the condition, or provide adequate warning.

A grocery store’s failure to post “Caution: Wet Floor” signs after mopping the floor is an example of negligence because a wet floor is a hazardous condition.

What compensation can I receive for a trip and fall?

Plaintiffs have the right to recover all compensatory damages resulting from a negligent defendant.

The compensatory damages for a trip-and-fall claim may include (but are not limited to) the following:

• Medical bills for medical treatments, home health care, and rehabilitation, etc.
• Lost wages,
• Lost earning potential, and
• Suffering and pain.

In extremely rare instances, a plaintiff in a trip and fall lawsuit may be entitled to punitive damages. An experienced California trip-and-fall attorney can advise you on this matter.

Examples of situations in which punitive damages may be recoverable for a trip and fall include:

• The defendant’s recklessness resulted in catastrophic injuries or wrongful death; or
• The defendant deliberately destroyed evidence of liability.

What is the statute of limitations for a claim involving a trip and fall?

In California, the statute of limitations for filing a trip-and-fall personal injury lawsuit is typically two years from the date of the accident.

In certain circumstances, however, the statute of limitations may be “tolled” (suspended) — for instance, if the defendant is out-of-state for an extended period of time or if the injured party is a minor under the age of 18.

Depending on the specifics of your case, an experienced personal injury attorney in California can advise you on how long you have to file a lawsuit after an accident.

How can I demonstrate that the accident was the defendant’s fault?

In California, the key to winning a trip-and-fall personal injury case is proving that the fall was caused by the defendant’s negligence. Evidence can include:

• the trip-and-fall doctor’s treatment notes;
• video footage; • witness statements; and
• accident reconstruction expert testimony.

Our trip and fall attorneys are former police officers and investigators. We know how to uncover evidence that others may overlook, allowing you to receive the compensation you require and deserve.

California trip and fall injuries? Call our firm for assistance, 800-816-1529.

If you or someone you know has suffered a minor or severe injury on someone else’s property, please contact our California trip-and-fall attorneys for a free consultation and legal advice.

If you call us or fill out the form on this page, we will contact you at your convenience. Our attorneys who specialize in personal injury have offices throughout the state.

We can assist you if you were hurt in a trip-and-fall accident anywhere in California.

Disclaimer: Past results do not guarantee future results.

BEST TRIP & FALL ACCIDENT ATTORNEYS IN CALIFORNIA

Trip-and-fall accidents occur frequently in the United States, whether due to inadequate maintenance of a walkway or public space or another form of negligence. According to the National Floor Safety Institute (NFSI), over a million-emergency room visits per year are caused by trips and falls.

Regardless of the season, trip-and-fall accidents are very prevalent. However, they are not always as simple as they may seem. The term “trip & fall” refers to any instance in which a person sustains an injury after tripping, tripping, or falling on a hazardous or uneven surface.

Every day, trip-and-fall accidents occur on sidewalks and parking lots, as well as in department stores, supermarkets, and many other types of businesses.

Obtain a FREE Case Evaluation Now. Call 800-816-1529.

California’s trip and fall statutes

In California, you have two years from the date of the incident to file a claim if you suffer a serious injury in a trip-and-fall accident caused by another party’s negligence. According to section 335.1 of the California Code of Civil Procedure, the statute of limitations for trip-and-fall claims is two years from “an action for…injury to or death of a person caused by the wrongful act or neglect of another.”

To prove negligence in a California trip-and-fall case, you must demonstrate that the person or business responsible for the property had a responsibility – or duty – to maintain a safe environment.

Frequent Sites of Trips and Falls

Accidents involving a trip and fall can occur anywhere and at any time, but the following locations are the most common occurrences.

• Escalators
• Elevators
• Restaurants
• Grocery Stores
• Shopping Malls
• Swimming Pools
• Other Business Locations
• Construction Sites

What is the leading reason for trips, trips, and falls?

Among the most frequent causes of trip-and-fall accidents are:

• Uneven sidewalks or floors
• Unsafe ladders
• Unsafe stairs
• Insufficient safety protocols
• Loose floorboards, rugs, or mats on stairs
• Uncleaned liquids
• Floors with grease, oil, or other substances

Who is Liable for a Fall-Related Injury?

If you trip, trip, or fall on another person’s property or business and the accident was caused by the owner, manager, or other responsible party’s negligence, they may be held liable for your injuries.

Consider the following questions when proving liability:

• Was the owner of the property aware of the hazardous condition and failed to take reasonable action?
• Was the property owner or manager responsible for the hazard that led to your accident?
• If the property owner was unaware of the hazardous condition, would another person have acted in a reasonable manner if they had discovered the problem and taken the necessary corrective measures?

Our attorneys are available to respond to any questions you may have if you wish to consult with a legal professional. Your questions and concerns regarding the legal process and your right to compensation will be addressed so that you have a complete understanding of your case. If necessary, travel to your home or a temporary medical facility is possible.

What is the value of my trip and fall case?

Several significant factors must be considered when determining the value of a California trip-and-fall claim:

• How likely it is that the victim’s injuries will require long-term treatment
• The monetary value of lost wages from work or other income due to the injuries suffered
• If the person’s injuries will prevent them from returning to work
• The non-economic damages (including pain and suffering, which is subjective but calculated based on the injuries sustained)

All of the aforementioned factors contribute to the settlement calculation. Typically, insurers use a multiplier (typically between 1.5 and 6 depending on the type of injury) to determine the value of a trip-and-fall case. Contact The Law Offices of Norman Gregory Fernandez & Associates today for more information or if you have additional questions for our California trip-and-fall accident attorneys.

What is the Average Settlement Amount for Trip and Fall Cases?

The settlement amount following a trip-and-fall accident in California will depend on the specifics of your case, but is typically in the thousands or tens of thousands of dollars. Consideration must be given to the severity of your injuries and your financial losses.

If necessary medical treatment is not covered by your health insurance, our company is prepared to arrange it through our network of participating physicians and hospitals.

Our attorneys demand reimbursement from the responsible party for expenses related to any of the following ailments resulting from a trip-and-fall accident:

• Bone breaks or fractures
• Impairment of internal organs
• Internal hemorrhage
• Deep lacerations
• Dislocated bones Head trauma

Why do I require a California trip and fall lawyer?

Working with a California trip-and-fall attorney to file a claim is your best chance of receiving compensation and holding liable parties accountable. Trip-and-fall accidents are frequently severe, resulting in long-lasting injuries that require years of rehabilitation, in addition to emotional trauma.

Contact our California trip-and-fall law firm in order to seek compensation for medical expenses, lost wages, pain and suffering, and other damages. These cases are frequently complex. An experienced California trip-and-fall attorney can assist you in navigating the legal system, regardless of whether your injuries resulted from a workplace accident or wrongful death.

If you lack medical insurance, contacting our attorneys immediately will ensure that you are adequately represented after an accident. So that you can focus on your recovery and rehabilitation from injury, the firm handles all negotiations on your behalf.

Our attorneys handle all discussions with insurance companies, adjusters, and their legal consultants, keeping your best interests in mind at all times. All representation and legal services are provided on a contingency fee basis, with payment required only if a favorable settlement is reached. No advance payment is required for legal or medical services.

If you wish to speak with an attorney, our attorneys will respond to any questions you may have. Your questions and concerns regarding the legal process and your right to compensation will be addressed so that you have a complete understanding of your case. If necessary, travel to your home or a temporary medical facility is possible.

If you or someone you know was injured by a trip or fall caused by negligence, please call 800-816-1529 to speak with a California personal injury attorney.

Are you contemplating hiring a California trip-and-fall accident attorney to obtain compensation for your injuries?

If so, you should be aware of the following information regarding The Law Offices of Norman Gregory Fernandez & Associates:

• Our accident attorneys have won millions for accident victims and their families.
• We offer a free consultation to evaluate your accident injury case.
• For over 25 years, we have assisted accident victims in obtaining compensation.
• We have a 98% success rate with our clients.
• THE LAW OFFICES OF NORMAN GREGORY FERNANDEZ & ASSOCIATES has been recognized by AVVO as a Top Personal Injury Law Firm. • We specialize in serious injury cases, including wrongful death cases, car accidents, and brain injuries.

We’re proud that we’re consistently ranked among the top auto accident and personal injury firms.

If you’re ready to move forward with your trip-and-fall case, contact our award-winning trip-and-fall attorneys in California immediately. If not, continue reading for details on trip-and-fall cases.

What Are Trip & fall Accidents?

As the name implies, trip & fall accidents occur when a person trips or trips and falls and is injured.

Numerous perils contribute to these types of accidents:

• Tripping over torn or wet flooring
• Falling in dimly lit areas
• Tripping and falling down narrow stairs
• Falling over uneven sidewalks or other outdoor hazards

According to the National Safety Council, falls account for over nine million emergency room visits annually.

Typically occurring on the property of a third party, the property owner may be liable for trip-and-fall injuries. If you have been injured on the property of another, it may be difficult to determine who is responsible.

In order to successfully establish liability for a trip-and-fall, two factors must be demonstrated.

• The accident was caused by a hazardous condition.
• The property owner was aware of the dangers associated with permitting this condition, or should have been aware.

If these two conditions are met, you may be entitled to compensation for expenses such as medical bills, lost wages, and pain and suffering. To file a successful trip-and-fall lawsuit in California, you need the assistance of an experienced trip-and-fall attorney.

Common Injuries Caused by Tripping and Falling

Minor to severe injuries can result from trips and falls. Since trip and fall accidents occur unexpectedly, they can drastically alter your life and cause a great deal of suffering. It is essential to understand the most frequent types of injuries caused by trips and falls.

Broken Bones

Tripping and falling can easily result in bone fractures. Minor fractures and more severe injuries requiring surgery are both possible. When bones fracture, surrounding tissues may also sustain damage. Such injuries may necessitate chronic pain treatment. If you experience severe pain in a bone or joint after a fall, as well as swelling and bleeding, you should seek medical attention.

Soft Tissue Bleeding

After tripping and falling, you may believe that everything is in order. Nevertheless, some injuries, such as sprains and ligament tears, do not manifest externally. If left untreated, these injuries may cause chronic pain. After an accident, symptoms may not manifest for some time, so it is essential to be examined by a medical professional.

Spinal Cord Damage

Some of the most severe trip-and-fall accidents result in spinal cord injuries. These injuries are life-threatening and require immediate medical attention. In extreme cases, paralysis is possible. Such tragic injuries require extensive, expensive treatment. In such situations, it is essential to contact a trip-and-fall attorney. To help pay for all the costs associated with a trip-and-fall accident, you should seek maximum compensation. A trip-and-fall accident attorney can secure a substantial settlement for you.

Cranial Injuries

If you trip and fall and sustain a head injury, you should seek medical attention. Despite appearances to the contrary, you may be suffering from a mild concussion. Occasionally, a fall causes concussion symptoms such as a headache, dizziness, or difficulty thinking. Falls of greater severity may result in traumatic brain injuries, which can cause permanent health issues.

Cuts And Scrapes

Some of the least serious but most common injuries from trip & fall accidents are cuts and bruises. When you fall, you typically scrape a portion of your body. Minor scrapes are easily treatable, whereas deep cuts may necessitate sutures.

If you fall and are injured due to unsafe conditions on someone else’s property in California, you need the assistance of an attorney who specializes in such cases. A California trip-and-fall accident attorney will assess your case and determine if you are eligible for compensation for your injuries.

Damages You Can Recover Following a Trip-And-Fall Accident

If you were injured in a trip-and-fall accident, you may be eligible for compensation. In cases involving personal injury, you may recover three distinct types of damages.

Economic Losses

Economic damages reimburse you for the monetary costs incurred as a result of an accident. The defendant (or their insurer) pays for your medical expenses and lost wages.

Non-Monetary Losses

Non-economic damages attempt to compensate you for the emotional harm caused by your trip-and-fall injuries. Included in this category are pain and suffering. For instance, if you are unable to enjoy relationships as you once did, a court may award compensation for loss of companionship (known as loss of consortium).

Sanctioned Damages

Occasionally, a defendant commits a particularly egregious act of negligence or deceit. For instance, a defendant may destroy video surveillance of a trip & fall. A court may award punitive damages in such circumstances. However, courts are not likely to award punitive damages in typical trip & fall cases.

What is the procedure for a trip and fall lawsuit?

• If you are contemplating a trip-and-fall lawsuit, you may be curious about the procedure. The majority of trip and fall lawsuits are settled out of court, though some do proceed to trial. Here are the typical steps involved in a trip-and-fall lawsuit.
• Obtain a case analysis. Contact THE LAW OFFICES OF NORMAN GREGORY FERNANDEZ & ASSOCIATES for a complimentary case evaluation. We will inform you if you have a strong case and advise you on potential legal settlement routes.
• File a complaint. Your attorney will file a complaint, summons, and filing fees with the court. Then, your attorney serves the defendant with a copy of the complaint.
• Respond to the complaint. Typically, the defendant has thirty days to respond to your complaint, admitting or denying the allegations. The defendant might also file a motion, such as a motion to dismiss the case.
• Conduct the process of discovery. During the discovery phase, the plaintiff and defendant attempt to learn as much as possible about the case. In addition to conducting interviews and requesting documents such as medical records, attorneys also conduct depositions.
• Attempt to settle. After discovery, you might discuss settlement. A judge-ordered settlement conference or client-centered mediation can conclude the settlement process. Your attorneys will negotiate the terms of your settlement and seek your consent.
• Proceed to court. If the settlement conference is unsuccessful, the case goes to trial. The experienced attorneys at THE LAW OFFICES OF NORMAN GREGORY FERNANDEZ & ASSOCIATES are adept at making courtroom arguments.
• Collect your judgment. If the judge or jury rules in your favor, you should receive the money quickly.

You can navigate the personal injury settlement process with the assistance of an attorney, despite its complexity. The knowledgeable trip and fall accident attorneys at THE LAW OFFICES OF NORMAN GREGORY FERNANDEZ & ASSOCIATES will represent your best interests at every stage.

How a Lawyer Helps You Prove Your Trip-and-Fall Claim in California

You have a greater chance of obtaining a favorable settlement if you hire an experienced personal injury attorney.

Lawyers.com conducted a survey on cases involving personal injury. The survey revealed that “readers with attorneys received settlements or awards that were, on average, $60,000 higher” than those without legal representation. Only fifty percent of readers without attorneys received any compensation.

Legal proceedings are complex. The parties must file documents, respond to requests, and negotiate. There are court filing deadlines and fees to pay. In addition, insurance companies can be hostile adversaries. A person without specialized legal training and courtroom experience would struggle to manage the situation.

It is helpful to have someone on your side who is familiar with the lawsuit procedure. If this lawyer has experience with trip-and-fall cases, you have a distinct advantage. You owe it to yourself to retain an advocate who will argue your case with skill.

Hire a California trip-and-fall accident attorney immediately after your accident in order to receive your compensation as quickly as possible. While you are recuperating, your attorney can move your lawsuit forward so that it can be resolved as quickly as possible.

You are not required to pay your California trip-and-fall accident attorney until the conclusion of your case. Generally, personal injury attorneys work on a contingency fee basis, meaning they do not require payment until your case is settled. If you meet with an attorney who charges by the hour, you should strongly consider contacting another trip-and-fall attorney. Call us now at 800-816-1529.

Evidence In Successful Trip & fall Accidents

It is essential to gather any evidence that demonstrates the defendant was at fault for your trip-and-fall accident. Take these steps after your accident to collect evidence for your case.

• Record the events leading up to your fall, what transpired during your fall, and what transpired after your fall. Include exact times, if possible.
• Describe environmental factors in your written recap of your trip and fall experience. Was the terrain slick? Was there a loose tile or a burned-out bulb? Record everything you can recall.
• Photograph the accident scene as quickly as possible. This is a record of the scene before the property owner repairs the tripping hazard.
• Obtain the names and contact information of all accident witnesses.
• Notify the property owner or store manager about your trip and fall incident. If the establishment is commercial, request a copy of any incident reports.
• Seek medical care for any injuries sustained. Appoint a friend or family member to complete the previous steps if you require medical attention before completing them. Keep all medical records detailing the severity of your injuries and the cost of treatment.
• Store footwear and clothing worn during the incident. The defendant may claim that your clothing contributed to your fall or trip. Your lawyer can demonstrate that it did not.

These materials will be utilized by your California trip-and-fall accident attorney to prove your case and defend you against accident liability. If you meticulously document your accident, you will have a greater chance of obtaining a settlement.

Do You Have a Trip-and-fall Claim?

If you were injured in a trip-and-fall accident on someone else’s property, you are eligible for compensation. After an accident, a personal injury lawsuit can reimburse your medical expenses and pain and suffering.

Over the past 25 years, the trip & fall experts at THE LAW OFFICES OF NORMAN GREGORY FERNANDEZ & ASSOCIATES have recovered millions of dollars for our clients in trip & fall cases and other personal injury cases. We can help you too. If you’re undecided about which firm will best represent your interests, read what our clients and peers have to say about us.

Contact our California trip and fall accident attorneys for a complimentary consultation. We are available 24 hours a day, seven days a week to discuss your trip-and-fall incident and legal strategy. We work on a contingency fee basis, so you owe us nothing unless we settle your case or obtain a favorable verdict in court. With offices throughout California and a dedication to our community, we are prepared to assist you today. Call 800-816-1529.

Get Help Now

The Law offices of Norman Gregory Fernandez & Associates has almost 3 decades of experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. 800-816-1529 extension 1. 

You can download our California Accident App for iOS and Android by clicking here and visiting our California Accident App page. This application will allow you to record and transmit all information related to your trip and fall injury accident to our office.