California Trip and Fall accidents cost millions of dollars in damages every year and lead to thousands of injuries, some of them severe and even fatal. Whether you or a loved one has slipped on uneven stairs at a restaurant, tripped on raised carpeting or uneven flooring, or tripped on something mostly hidden from view but likely to cause a normally cautious person to fall, you should consider getting a solid assessment of your rights and responsibilities under CA law. Legal compensation for California trip and fall injuries is not guaranteed as these cases tend to get closely scrutinized and there are usually three hurdles a lawyer has to prove to even get legal fault. Even if you hurt yourself very badly on someone else's land or property, to receive legal or monetary compensation you have to show that your injuries directly resulted from the negligence of a third party (the person at fault for the accident). There are many different ways to prove legal negligence; for example, legal liability might be assessed in the following circumstances in a California trip and fall case:
- A property owner forgets to turn off a sprinkler and as a result floods hallways with water.
- Employer fails to remove a broken piece of machinery that's in the path of normal traffic.
- Neighbor fails to put up barriers around a new pool or hot tub where kids may be able to access
- Public official fails to maintain guard rails on a public walkway
- A property owner allows worn, frayed carpeting at the top of a stairs to remain sticking up at the greatly increased risk of a trip hazard to people heading down the stairs
Although no two California trip and fall cases are the same, common legal themes and facts persist. For example, trip and fall accidents typically lead to certain types of injuries, such as concussions, spiral fractures to legs, spinal injuries, trauma to the face, wrists, hands, and arms, and head and neck problems. The legal degree to which the plaintiff was negligent can also impact a verdict or settlement value. If you were roughhousing, distracted, inebriated, or simply not acting carefully, your ability to receive any compensation or make a successful claim may be reduced or eliminated altogether. In many California trip and fall cases, both a property owner and a legal claimant can be considered negligent or careless. As a result, the judge or jury will parse what's known as "comparative negligence." In other words, both parties own some responsibility for the injury sustained -- only by sorting out what fraction or portion of the negligence belonged to what party can a fair and accurate verdict be reached. Whether you're dealing with a simple parking lot trip and fall or a complicated on the job trip and fall injury in California that involves multiple parties and different insurance entities, you should definitely consult with an experienced California trip and fall lawyer.
Mark C. Blane is a San Diego Slip and Fall Attorney, and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Premise Liability Law Firm devoted to representing families of injured persons of automobile accidents. If you or someone you love, has been injured or killed in San Diego County, or Southern California, due to the negligence of another, please order your FREE copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It is full of helpful information, insights, and secrets that will help you protect your legal rights. It normally sells for $16.95; however, it is free to all California residents, or those injured in a California accident.