In the insurance company’s telling, a slip and fall accident was either caused by a clumsy victim or did not even happen. If the victim can prove that it happened, the insurance company will claim that it was minor and did not cause serious injury.
It is true that falls happen all the time. However, the common nature of the accident does not mean that the responsible party can and should get away with their failure to uphold their legal duty to you.
Negligence in Slip and Fall Accident Cases
When someone holds their property open to you, they assume a duty of care they owe you. They must take reasonable measures to keep their property safe and warn you of any dangers you may not see. To be clear, the property owner is not obligated to prevent every single accident because accidents happen. However, the property owner is required to avoid being negligent.
In a slip and fall case, negligence means the following:
- The property owner created a dangerous condition themselves.
- The property owner knew or should have known about a dangerous condition that someone else created, and they did not fix it or clearly warn you about it.
Ways that property owners can be negligent in a slip and fall case include:
- Store workers do not clean up a spill when another customer breaks a jar or they fail to put up a wet floor sign.
- A frayed carpet causes you to trip over a loose string.
- A landlord does not inspect and repair a broken banister that causes you to fall downstairs.
- A property owner leaves a small piece of equipment on a public walkway (a very large piece of debris can be an open and obvious danger).
Proving Fault in a Santa Clarita Slip and Fall Case
Like every personal injury case, you will need evidence to prove your claims. Here, there are two things that you need to demonstrate:
- There was a dangerous condition at the time that you fell.
- The property owner knew or should have known about it.
It is not easy to show either of these, especially if you were unable to get evidence at the scene of the incident. You will need a lawyer to come in after the fact to investigate your case and compile the evidence that can include:
- Witness statements from people who saw what happened
- Pictures from the accident scene (before, at the time of, or afterward)
- Maintenance logs and inspection reports that show what the property owner did
- Video camera footage
- Testimony from an accident reconstruction expert
Compensating Slip and Fall Accident Injuries in Santa Clarita
An injury-causing fall is as bad as any other accident. Slip and fall accident injuries may be far more severe than many think. Of course, there are sprains and fractures that can result from a fall. Some of these may mean that you are never the same again. Your injuries can be even worse if you hit your head or suffer a neck or back injury.
Regardless of what happened, you can expect the insurance company to try to underpay you if they even want to pay you at all. They will place the burden on you to prove both liability and every penny of your damages. The insurance company will make you a low settlement offer, trying to minimize the severity of what you are facing. A slip and fall accident is never as simple as anyone thinks, and you need an attorney to handle your claim to obtain the best possible legal outcome.
You should never make the mistake of trying to approach the insurance company on your own. They will take you more seriously when they see that you have an experienced lawyer with whom they have experience. We are known as a law firm that is not afraid to fight to get results for our clients.
Contact Our Santa Clarita Slip and Fall Accident Lawyers Today
One Law Group will aggressively and comprehensively pursue your personal injury case, whether you have suffered an injury in a car accident or a slip and fall. You do not owe us anything unless we win your case. To start the legal process, you can send us a message online or call us at (844) 626-1529. Once you decide to hire us, we will get right to work.
Slip and Fall Case FAQs
Who can I sue in a slip-and-fall case?
Usually, you will sue the property owner, but they do not always have control over the property. If a store has leased the premises, you will sue them.
How much is my slip and fall case worth?
Everything depends on your own unique injuries and how you have been affected by the accident.
What if the insurance company denies my claim?
You can file a lawsuit against the defendant and prove your case in court.