A sudden slip-and-fall can occur in an instant, often leading to serious injuries and unexpected medical bills. When it happens on someone else’s property due to unsafe conditions, victims may have a right to compensation. If you're dealing with the aftermath of a slip and fall, you need to take the advice of an experienced personal injury attorney.
Antaramian Law, APC, assists California residents in situations like these. Serving clients across Los Angeles, Riverside, San Bernardino, Orange County, Ventura County, and Kern County, the firm provides knowledgeable legal support in your fight for compensation. Andrew Antaramian’s background as a former defense attorney for insurance companies gives him a distinct advantage. He understands how insurance providers operate and utilizes this insight to advocate for the rights of injured individuals.
A slip and fall claim is a type of personal injury case that falls under the broader category of premises liability. Premises liability law holds property owners responsible for maintaining a reasonably safe environment for visitors. If a person is injured on someone else's property because the owner failed to address a hazard, the owner could be held liable for the resulting damages.
These accidents can happen anywhere—in a grocery store, a restaurant, a private residence, a public park, or on a sidewalk. The core of a slip-and-fall claim is proving that the property owner's negligence directly caused the injury. Negligence refers to an owner's knowledge of a dangerous condition and their failure to take action to rectify it or warn others. Common causes of slip and fall accidents include:
Wet or slippery floors without warning signs
Uneven or cracked pavement
Poorly lit stairwells or hallways
Loose rugs or torn carpeting
Cluttered walkways or debris
Potholes in parking lots
Injuries from these falls can range from minor bruises to severe conditions like broken bones, spinal cord injuries, or traumatic brain injuries. The costs associated with these injuries can be substantial, including medical treatment, lost wages due to time off work, and long-term care needs. A successful slip-and-fall claim can help a victim seek compensation.
The foundation of a successful slip and fall claim is the ability to prove negligence. This involves establishing four key elements:
Duty of care: The property owner had a legal responsibility to keep their premises reasonably safe for visitors. This duty generally applies to anyone who owns, leases, occupies, or controls a property.
Breach of duty: The property owner failed to meet that responsibility. This could mean they didn't clean up a spill, repair a broken step, or put up a sign to warn of a hazard.
Causation: The breach of duty directly caused the person's injuries. The fall and resulting harm would not have happened if the property owner had maintained a safe environment.
Damages: The person suffered actual harm, which can be quantified by medical expenses, lost income, pain and suffering, and other losses.
To build a strong case, gathering evidence is a primary task. This includes taking photos of the accident scene, documenting the hazardous condition, and getting contact information from any witnesses. An official incident report should be filed with the property manager or owner. Seeking immediate medical attention is also important, as medical records create a direct link between the fall and the injuries sustained.
California law follows specific rules regarding premises liability. A key aspect is the property owner's duty of care. In California, property owners are required to exercise reasonable care in maintaining their property in a safe condition and to warn visitors of any concealed dangers. The "reasonable" standard is central. A court will consider several factors to determine if the property owner was negligent:
The location of the property.
The likelihood that someone would come onto the property in the same way the injured person did.
The probability of harm.
The likely seriousness of such harm.
Whether the owner knew or should have known about the dangerous condition.
The difficulty of protecting against the risk of harm.
The extent of the property owner's control over the condition that created the risk.
Also, California operates under a "comparative negligence" rule. This means that if the injured person is found to be partially at fault for their own accident—for example, if they were distracted by their phone and didn't see an obvious hazard—their compensation can be reduced. The court will assign a percentage of fault to each party. If the injured person is found to be 20% at fault, their total compensation award will be reduced by 20%.
If a slip and fall claim is successful, the injured person may be able to recover compensation for various damages. These damages are typically categorized as economic and non-economic. Economic damages are tangible financial losses with a clear monetary value. They include:
Medical expenses: All costs related to the injury, from emergency room visits and hospital stays to physical therapy and future medical care.
Lost wages: Income lost from being unable to work due to the injury.
Loss of earning capacity: If the injury results in a permanent disability that affects the person's ability to earn a living in the future.
Non-economic damages are more subjective and compensate for non-financial losses. They include:
Pain and suffering: Compensation for the physical pain and emotional distress caused by the injury.
Emotional distress: Damages for anxiety, depression, or other psychological impacts.
Loss of enjoyment of life: Compensation for the inability to participate in hobbies and activities that the person enjoyed before the accident.
Antaramian Law, APC, can help calculate the full extent of these damages to determine what a fair settlement or verdict would be.
Attorney Andrew Antaramian, the founder of Antaramian Law, APC, dedicates his practice to helping people who have been injured due to the negligence of others. After spending over eight years defending insurance companies in personal injury cases, he witnessed firsthand how accidents could profoundly impact lives. This experience motivated him to represent individuals and their families, not large corporations.
His history as a defense attorney provides him with unique insight into the opposition’s strategies, which he now uses to benefit his clients. His firm serves clients in California, including Los Angeles, Riverside, San Bernardino, Orange County, Ventura County, and Kern County. If you've been injured in a slip and fall accident, contact Antaramian Law, APC, for trustworthy legal representation.
After an accident, dealing with the aftermath can be a difficult and confusing time. If you have been injured due to someone else's negligence, you may consider filing a personal injury lawsuit to get compensation for your medical bills, lost wages, and suffering. Understanding the legal process can provide clarity and peace of mind.
A sudden slip and fall can happen in an instant, often leading to serious injuries and unexpected medical bills. When it happens on someone else’s property due to unsafe conditions, victims may have a right to compensation.
Survivors of pedestrian accidents often face severe injuries, mounting medical bills, and loss of income. Understanding your legal options is a fundamental step toward recovery in these difficult moments. Seeking guidance from an attorney who understands the opposition’s playbook can make a significant difference in the outcome of your case.
