In Los Angeles and throughout California, attorneys routinely pursue just compensation for individuals who suffer slip and fall (also known as “trip and fall”) accidents due to negligently maintained premises and dangerous conditions on property. This is because it is the legal responsibility of property owners, property managers, business proprietors and municipalities to ensure your safety as a visitor. If any of these parties falter in their responsibilities and you are injured physically from a slip and fall accident, you are legally entitled to compensation for injuries due to negligence. In some cases, punitive damages (compensation) over and above medical expenses and lost wages may be awarded.

What is slip-and-fall accident liability?

Slip and fall liability is defined as a failure of the owner or operator of a property – the building and the land on which it sits – to protect visitors against injury due to negligently maintained premises and dangerous conditions on property. Visitors can be anyone including apartment tenants and guests, customers in retail stores or service vendors tending to the building’s business. Municipalities are subject to the law as well, which covers all public sidewalks, parks, parking facilities and government-owned buildings. The following scenarios are subject to premises liability litigation:

• Cracked sidewalks
• Broken steps
• Merchandise littered store aisles
• Unmarked changes in elevation
• Poorly lit passageways
• Slippery surfaces due to leaks, spills or worn surfaces
• Tree roots above ground in walking areas
• Uneven floor surfaces

To succeed in a slip and fall liability lawsuit, you (with help from your personal injury attorney) must prove negligence or a dangerous condition existing on premises and that injuries occurred as a result. The dangerous condition must prove to be more than trivial and that the responsible parties knew or should have known of the hazard.

What if a slip-and-fall accident occurs?

A statute of limitations of two years applies in California, and only six months if the property is government-owned. If you are physically able to do so – or someone else can help you – immediately take the following steps:

• Record details of your injury – Write down everything you can observe about the conditions of the premises at the time of your accident. Take measurements and check functioning mechanisms such as stair steps and other features related to the injury.
• Photograph the premises– Include your approach to the exact accident or injury site, to indicate blind spots or hazards (if any).
• Save clothing worn at the time – Shoes in particular, but all items of clothing may bear evidence (e.g., traces of an oil slick left on your shoes). Shoe traction may also be a consideration in a court of law.