Description
Slip and fall accidents can cause life-changing injuries, from broken bones to paralysis. Our attorneys at the Dolan Law Firm have handled hundreds of these cases and hold negligent property owners, businesses, and municipalities accountable across California. Whether it’s an uneven sidewalk in San Francisco or a slippery store floor in Los Angeles, we’re here to fight for the compensation you need.
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In this section,
we'll be talking about falls,
what people often refer
to as trip, slip, and falls.
These can often be very serious injuries.
We've handled hundreds of these claims
that have led from complete paralysis
to broken bones,
to in some cases, brain injuries.
So landlords, stores, supermarkets,
municipalities,
transportation providers, hotels,
they all have a responsibility
to keep their property
in reasonably safe condition.
One of the most common things that we find
are uneven sidewalks
or open manholes or electrical boxes.
We've also seen a number
of injuries relating to tree roots,
grease and moss on sidewalks,
uneven stairs
with improper height and width.
In the wintertime, we see mold
accumulate that causes a lot of injury.
We see improper painting
where they're using slip paint
instead of non-slip paint.
In stores, we often see injuries
in the freezer section or produce section
where people drop items on the floor,
or the condensers leak.
Restaurants are another place
where we find a lot of injuries.
Many of the most serious falls
that we've handled
have been in construction zones
where there are obstacles
that are not warned of
that are out
as trip hazards for the public.
Parking lots are another place
in which there are frequent injuries.
That's because of the dirt,
grease, and oil that are often left
on the ground and not cleaned up.
We also find
because of poor lighting conditions,
people trip over the curbs.
They're often not painted in such a way
as to distinguish themselves
from the ground.
Hotels are another place
in which we find a lot of injuries,
especially in hotel bathrooms.
Our firm has handled hundreds of cases
that also involve public transit.
This is in areas where the platforms
are not kept clean and safe,
where the stairs are often dirty or wet,
and even on the transit themselves,
where people have spilled liquids
or put forth other tripping hazards.
Sidewalks are an area
in which there are a lot of injury.
Now, a sidewalk
can only be considered dangerous
if it's more than a trivial risk.
There are actually cases
that have talked about
misleveling of three quarters
of an inch or more,
but it depends
much more on the other conditions
because we look
at the totality of the circumstances.
Poor lighting, maybe there's
gravel on the ground as well.
So it's important to take photographs
of wherever you've fallen.
Many people get up, they're embarrassed,
and they don't make a report
or take a photograph.
If you're a homeowner,
you have a responsibility
to maintain the sidewalk
in front of your premises.
Make sure if there's an uneven
condition, it's reported to the city,
and make sure to take care of it
before someone gets hurt.
Defenses to these cases
include things such as inattention,
or something so open and obvious
that anyone should have seen it.
There are also exceptions
for if the property
is being used for recreational use.
In these cases, when someone falls,
there is usually
a claim of comparative fault,
meaning the person
who fell and was injured,
is partly or completely
at fault for their own injury.
It's important
that an incident report is made
if it happens in a store or parking lot.
What we will do
is we will send out investigators,
and we will obtain things
such as a building permit history
to see if the building
was actually constructed
in the manner in which it was supposed to.
If you've fallen, keep the shoes
and clothing and don't wear them again.
They may have evidence of grease upon them
or show some scuff that tells
the story of how it happened.
The type of damages that are recoverable
include economic damages
such as medical expenses, lost wages,
people that have
to care for you or take care of your home.
They also include non-economic damages
such as pain, suffering,
loss of the ability to enjoy life,
disfigurement, disability, fear, anxiety.
We have the experience
in handling these cases,
how to investigate them,
how to try them if necessary.
Give us a call at dolanlawfirm.com.