Slip and Fall

Practice Areas

FREE CASE EVALUATION

We understand that a slip and fall accident can change your life in an instant. Whether it happens at a retail store, in a workplace, or on a public sidewalk, the resulting injuries can lead to significant physical pain, emotional distress, and financial strain. The elderly are at a particularly high risk of suffering broken bones and other catastrophic injuries if they slip, trip, or fall. The Schenk Law Firm is here to help you navigate this challenging time with experienced, personalized, and compassionate legal representation, focusing on getting you the justice and compensation to which you are entitled. We take on cases involving stairway accidents, escalator accidents, wet floors, dangerous sidewalks, poorly lit walkways, and more.

Why Choose The Schenk Law Firm?

Extensive Experience: Our attorneys have successfully represented countless slip and fall accident victims, securing favorable outcomes both in trial and through settlements, ensuring that justice is served. We have the experience needed to handle even the most complex premises liability cases. Our deep understanding of premises liability law ensures that we can navigate even the most challenging cases.
Personalized Attention: Each of our clients has a unique story to tell. You are not just another case. We take the time to understand your specific circumstances and craft a legal strategy tailored to your needs and goals. From the initial consultation to the resolution of your case, we are committed to providing clear communication and compassionate support.
Comprehensive Investigations: When we take on your case, we begin by conducting thorough investigations to aggressively gather critical, relevant evidence including accident reports, witness statements, and analyses. This allows us to build a strong case and identify all liable parties, which can be used in negotiating a just settlement or while representing you in trial.
Relentless Advocacy: We relentlessly pursue justice for our clients. We will not rest until we have explored every reasonable avenue to maximize your compensation. Whether through negotiation or litigation, we fight aggressively to ensure that you receive the maximum compensation available under the law. Our goal is to hold negligent parties accountable and secure the resources you need to recover for your losses.
No Upfront Fees: We believe that financial concerns should never prevent you from getting the legal help you need. That is why we work on a contingency fee basis. We take on all the upfront financial risks of litigation. You do not pay, and we are not compensated, until we recover for your losses, through either settlement or trial. This ensures that you can focus on your recovery without the burden of paying legal fees before your case is resolved.

Common Causes of Slip and Fall Accidents

One of the troubling things about slip, trip, and fall accidents is that they are largely preventable. If property owners took reasonable measures to keep their premises free from hazards, they could prevent countless injuries. Slip and fall accidents can occur for a variety of reasons, often due to negligence or hazardous conditions:

Slippery Surfaces: Floors that are wet from spills, leaks, or cleaning can create dangerous slipping hazards. Property owners are responsible for promptly addressing these conditions or warning visitors of potential risks.
Uneven Flooring: Cracked tiles, uneven pavement, loose floorboards, or poorly maintained carpets can lead to tripping hazards that result in falls.
Inadequate Lighting: Poor lighting in stairwells, hallways, or parking lots can obscure hazards, increasing the risk of falls. Property owners are required to ensure that their premises are adequately lit.
Obstructed Walkways: Items left in walkways, such as cables, clutter, or debris, can create tripping hazards. Property owners must take reasonable steps to keep common areas clear of obstructions.
Weather Conditions: Rain, ice, or snow can make outdoor surfaces slippery and dangerous. Property owners must take reasonable steps to address these conditions, such as salting walkways or providing warning signs.

Steps to Take After a Slip and Fall

Proving fault in a slip and fall injury claim is not easy, particularly if the hazard that caused your injuries has since been repaired or the property owner claims you were to blame. Taking the right steps after a slip and fall accident can significantly impact the outcome of your case:

Ensure Safety: If possible, move to a safe location and assess your injuries. Prioritize your well-being, and avoid moving if you suspect serious injuries.
Report the Incident: Immediately report the slip and fall to the property owner, manager, or the person in charge. Ensure that an incident report is filed and request a copy for your records.
Document the Scene: Take photos or videos of the exact location where you fell, including any hazards like wet floors, poor lighting, or uneven surfaces. If there were witnesses, obtain their contact information.
Seek Medical Attention: Even if you think your injuries are minor, seek medical evaluation to document your condition. Some injuries, like concussions or soft tissue damage, may not show symptoms right away.
Avoid Speaking with Insurance Representatives: Refrain from discussing the incident with the property owner’s insurance representatives without consulting a lawyer first. Anything you say could be misrepresented by the insurance carrier.
Contact The Schenk Law Firm: Promptly reach out to our experienced slip and fall attorneys to discuss your case and explore your legal options. Depending on your individual circumstances, California law may limit the amount of time you have to file a claim or lawsuit.

Proving Your Slip and Fall Claim

To successfully claim compensation for a slip and fall injury, the following elements must be proven:

Duty of Care: The property owner, manager, and/or tenant had a legal obligation to maintain a reasonably safe environment for visitors or tenants.
Breach of Duty: The responsible party failed to meet this obligation by allowing a hazardous condition to exist without addressing it or providing adequate warning.
Injury: You must demonstrate that the slip and fall caused specific injuries, supported by medical documentation, including reports, records, and testimony.
Causation: A direct link between the hazardous condition and your injury must be established. It must be shown that the injury would not have occurred but for the dangerous condition.

California’s Premises Liability Law

In California, property owners, managers, and tenants have a legal obligation to ensure their premises are reasonably safe for visitors. If they fail to uphold this duty and a slip and fall accident occurs, they can be held liable for the resulting injuries. This includes maintaining clean and dry floors, repairing uneven surfaces, ensuring proper lighting, and promptly addressing any known hazards. Understanding the nuances of premises liability law is critical for holding negligent parties accountable and securing compensation for your injuries.

California’s Comparative Negligence Law

California’s comparative negligence law allows you to recover compensation even if you are partially at fault for a slip and fall accident. Under our system, your compensation is reduced by the percentage of fault assigned to you. For instance, if you are found to be 20% at fault and your total damages amount to $100,000, you would receive $80,000. This ensures that even when there is shared responsibility, you can still pursue compensation for your injuries.

Types of Slip and Fall Cases We Handle

The Schenk Law Firm has tried a wide variety of slip and fall cases, each requiring a unique approach to achieve the best possible outcome:

Commercial Property Accidents: Falls that occur in retail stores, shopping malls, restaurants, hotels, amusement parks, grocery stores, and other commercial establishments often involve complex liability issues. We are experienced in holding businesses accountable for failing to maintain safe premises.
Residential Property Accidents: Accidents that happen in apartment complexes, rental properties, or private homes may involve disputes with landlords, property managers, or homeowners. We understand the intricacies of tenant and visitor rights in these cases.
Public Property Accidents: Injuries that occur on public sidewalks, in parks, or in government buildings may involve claims against municipalities or government entities, which have specific rules and deadlines for filing claims.
Workplace Accidents: Slip and falls that happen on the job may involve workers’ compensation claims in addition to third-party liability claims. We can help you navigate both systems to ensure you receive full compensation.

Injuries Associated with Slip and Fall Accidents

Slip and fall accidents can result in a wide range of injuries, some of which may have serious, long-term consequences:

Fractures and Broken Bones: These injuries are common in slip and fall cases, particularly affecting the wrists, hips, and ankles. Treatment often requires surgery, immobilization, and lengthy rehabilitation.
Head Injuries: Concussions, skull fractures, and traumatic brain injuries (TBIs) can result from falls, leading to cognitive impairments, memory loss, and other serious health issues. The effects of a head injury can be long-lasting and debilitating.
Spinal Cord Injuries: Falls can cause damage to the spinal cord, resulting in herniated discs, fractures, or even paralysis. These injuries can lead to chronic pain, loss of mobility, and the need for ongoing medical care.
Soft Tissue Injuries: Sprains, strains, and tears in muscles, tendons, and ligaments are common in slip and fall accidents. These injuries can be painful and require physical therapy or other treatments to recover fully.
Emotional Trauma: Beyond the physical injuries, slip and fall accidents can also have a significant emotional impact. Victims may experience anxiety, depression, and a diminished quality of life, especially if the injuries lead to long-term disabilities.

Types of Compensation Available

Victims of slip and fall accidents may be entitled to various types of compensation to address the full scope of their injuries and losses:

Medical Expenses: Compensation covers all medical costs associated with your injury, including emergency room visits, hospital stays, surgeries, medications, physical therapy, and any necessary medical devices or home modifications. This also includes future medical expenses if your injury requires ongoing care or additional surgeries.
Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost income. This includes not only wages lost during your recovery but also future earning potential if your ability to work is permanently affected. This compensation also covers lost opportunities for promotions or career advancements due to your inability to work.
Pain and Suffering: Slip and fall accidents can result in significant physical pain and emotional distress. Compensation for pain and suffering addresses the intangible impact of your injuries, including physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation, and/or emotional distress.
Property Damage: If any personal belongings were damaged in the fall, such as clothing, eyeglasses, electronics, or other valuables, you may be entitled to reimbursement for their repair or replacement.
Loss of Consortium: If your injuries have affected your relationship with your spouse or family, you may be entitled to compensation for loss of companionship, affection, sexual relations, and support. This type of compensation recognizes the impact of your injuries on your personal life and relationships.
Future Medical Expenses: In cases where your injuries require ongoing or future medical care, such as additional surgeries, long-term rehabilitation, or assisted living accommodations, you may be entitled to compensation for these anticipated costs.
Punitive Damages: In cases where the property owner’s negligence was particularly egregious or reckless, punitive damages may be awarded. These damages are designed to punish the wrongdoer and serve as a deterrent against similar conduct in the future.
Diminished Quality of Life: If your injuries have led to a significant reduction in your ability to enjoy life, participate in activities you once loved, or perform daily tasks, you may be entitled to compensation for these losses. This recognizes the profound impact that a serious injury can have on your overall well-being and quality of life.

Who is Liable in a Slip and Fall?

Determining liability in a slip and fall case can be complex, often involving multiple parties:

Property Owner: The primary responsibility lies with the property owner, who is legally obligated to maintain safe premises. This includes regular inspections and prompt repair of hazards like wet floors, broken stairs, or uneven walkways.
Property Manager: If the property is managed by a third-party company, they may share liability. Property managers are responsible for day-to-day maintenance and addressing safety issues reported by tenants or visitors.
Tenant: In cases where the property is leased, tenants may be liable if the accident occurred in an area under their control, such as a rented storefront or an apartment unit. Tenants are expected to maintain the rented space and ensure it is free from hazards.
Government Entities: If the slip and fall occurred on public property, such as a sidewalk, park, or government building, a government entity may be held liable. Claims against government entities can be more complex due to specific procedural requirements and shorter filing deadlines, making it crucial to act quickly.
Contractors and Maintenance Companies: In some cases, liability may extend to third-party contractors or maintenance companies responsible for the upkeep of the property. If a maintenance company fails to perform its duties properly, such as not clearing snow or repairing a broken handrail, they may be held accountable for resulting injuries.
Product Manufacturers: If the slip and fall was caused by a defective product, such as a faulty handrail or a slippery floor mat, the manufacturer of that product could be held liable under product liability laws.

Insurance Company Negotiations

Dealing with insurance companies can be one of the most challenging aspects of a slip and fall claim. Insurance adjusters often aim to minimize payouts, offering settlements that are far below what you deserve. The Schenk Law Firm takes on the burden of negotiating with insurance companies on your behalf. Our decades of experience allow our attorneys to skillfully calculate the full value of your claim and ensure that you only accept a settlement that fairly compensates you for your injuries and losses.

Length of Time to Resolve Your Slip and Fall Case

The time it takes to resolve a slip and fall case varies based on several factors, including the complexity of the case, the severity of your injuries, and the willingness of the insurance company to settle. The Schenk Law Firm works diligently to resolve your case as efficiently as possible while striving for the best possible outcome. Whether through negotiation or litigation, we are committed to moving your case forward and securing the compensation you need.

Seeking Justice and Compensation

No amount of money can ever truly compensate for the injuries and trauma caused by a slip and fall accident. However, pursuing legal action can offer financial relief and a sense of justice for you and your loved ones. The Schenk Law Firm is committed to guiding you through this challenging process with compassion and experience, ensuring that you receive the compensation to which you are entitled.

FAQs

What are common causes of slip and fall accidents?

Slip and fall accidents are often caused by hazardous conditions such as slippery surfaces, uneven flooring, inadequate lighting, obstructed walkways, and dangerous weather conditions like ice or rain.

What should I do after a slip and fall accident?

After a slip and fall, ensure your safety, report the incident to the property owner, document the scene (photos, videos, witness contact), seek medical attention, and avoid speaking with insurance representatives before consulting a lawyer.

Who can be held liable in a slip and fall case?

Liability may fall on property owners, managers, tenants, government entities, contractors, or product manufacturers, depending on where and how the accident occurred. Each party has a responsibility to maintain safe premises or products.

What types of compensation are available for slip and fall victims?

Victims may receive compensation for medical expenses, lost wages, pain and suffering, property damage, loss of consortium, future medical care, and, in some cases, punitive damages.

How long do I have to file a slip and fall claim in California?

The statute of limitations for slip and fall cases in California is typically two years from the accident date. However, claims against government entities may have shorter deadlines, so it’s important to act quickly.

How does California’s comparative negligence law impact slip and fall claims?

Under California’s comparative negligence law, you can recover compensation even if you are partially at fault for the accident. However, your compensation will be reduced by the percentage of fault assigned to you.

How can The Schenk Law Firm help with slip and fall cases?

The Schenk Law Firm provides personalized legal support, conducts comprehensive investigations, negotiates with insurance companies, and represents clients to ensure they receive maximum compensation for their injuries and losses.

What are common injuries in slip and fall accidents?

Common injuries include fractures, head injuries, traumatic brain injuries (TBIs), spinal cord injuries, soft tissue injuries, and emotional trauma. These injuries can have long-term consequences and require extensive medical care.

What should I avoid after a slip and fall accident?

Avoid discussing the incident with insurance companies or responsible parties without consulting a lawyer first. Anything you say could be used against you in a claim.

How long does it take to resolve a slip and fall case?

The timeline for resolving a slip and fall case varies based on the complexity of the case and the willingness of insurance companies to settle. The Schenk Law Firm works efficiently to move cases forward while ensuring the best possible outcome.