Slip And Fall Accident Attorney in Santa Barbara, CA
The last thing you expect when you visit someone’s property, whether a residence, a store, a government office, is to get injured after slipping and falling on their floor. However, slip and fall accidents are quite common, and their consequences can drastically alter the life of those who are injured. If you are struggling to recover your health after a slip and fall accident, the attorneys from Maho-Prentice, LLP will listen to your case and recommend the best way to proceed to recover the damages you seek. So don’t wait; call us today to set up your initial consultation.
California Law Protects Slip & Fall Accident Victims
Slip and fall accidents in California tend to happen when someone falls due to a spill that has not been cleaned up, stairs that are uneven, structural defects, obstacles that have been left on the floor, or other reasons. Maho-Prentice’s experienced injury attorneys in Santa Barbara understand how California law works regarding slip and falls and will pursue the compensation you deserve.
Investigating Slip & Fall Accident Claims in Santa Barbara, CA
In slip and fall cases, there must be an element of negligence present. This means that the property owner or its manager must have been aware or should have known about the hazardous condition that existed on the property by exercising reasonable care. However, despite knowing this condition, they failed to give adequate warning about the hazard.
Among the most common causes for slip and falls in California, you may find:
- Plumbing leaks
- Poorly installed carpeting or loose carpet fibers
- Electrical cables or cords in the middle of hallways
- Missing or broken railings in stairwells
- Construction sites that are not roped off
- Lack of warning signs around known hazards
Was the property owner negligent?
The owner is negligent in the use or maintenance of their property when:
- A condition exists in the property that creates an unreasonable risk of harm.
- The property owner knew or should have known, through the exercise of reasonable care, about this condition.
- The owner did not take the necessary steps to repair this condition and thus failed to protect others from harm from this condition. Or they took no steps to adequately warn others of this condition.
This means, for example, that a store owner or manager who has either witnessed a spill or been informed about it, did not clean it immediately or post warning signs around it so that those walking by would not slip and fall.
Who is liable for a slip and fall in California?
In California, people owe a duty of care to anyone entering their property. This means that visitors must be protected from harm. This duty falls on anyone who occupies, owns or leases property.
What must be proven for me to be able to recover damages after a slip and fall accident?
In order to recover damages after a slip and fall, a plaintiff in California must establish these four elements:
- The defendant occupied, leased, controlled, or owned the property.
- The defendant was negligent in the maintenance of such property.
- The plaintiff suffered harm when they slipped and fell on the property.
- This negligence caused injury to the defendant.
What damages can I get after a slip and fall?
As the plaintiff, you are entitled to recover compensation for damages that result from the defendant’s negligence. These compensatory damages may include:
Medical bills – Keep a detailed file of all the expenses related to your care. From doctor’s visits, hospital stays, surgeries, treatments, rehabilitation, prescription medications, and anything medical that relates to the recovery of your health.
Lost wages and earning capacity – Your injury is likely preventing you from going to work, you may also have lost your job, and your financial situation may not be what it was before the accident. Your Maho-Prentice, LLP slip and fall attorney needs to know about wages you have lost and those you may lose in the future if the condition becomes permanent or if the recovery will take time.
Pain and suffering – The quality of your life may have changed drastically since the accident. Not only because you are not feeling well physically, but also because your state of mind is not what it used to be before the accident. You may be feeling sad, anxious, aggressive, depressed, unable to sleep or concentrate, or be suffering from PTSD. Your Maho-Prentice, LLP slip and fall attorney knows how to put a figure to the pain and suffering you are experiencing and will add it to your physical injury claim.
Punitive damages – In cases where it can be proven that the defendant was extremely negligent, where the defendant was so reckless in their actions that a death occurred, or in cases where the defendant intentionally destroyed evidence, punitive damages may be awarded. It is up to the judge or jury to determine if your case warrants punitive damages and if you have further questions, your personal injury attorney from Maho-Prentice, LLP will clearly explain any doubts to you.
How much time do I have to bring a personal injury claim in California?
The state’s statute of limitations marks two years from the day of the accident to file a claim. Some exceptions may come into play, and your lawyer will be able to tell you if they apply to your case. For example, claims against governmental entities are likely to be as short as 6 months.
When you have suffered injuries in a slip and fall accident in Santa Barbara, CA, don’t waste any time before calling the law offices of Maho-Prentice, LLP to talk about your case. We work on a contingency basis so there will be no out-of-pocket costs to you. Set up your initial consultation today.