Category Archives: Slip and Fall Accidents

Injured in Unsafe Premises? When to File a Slip and Fall Claim

People who step into shops, restaurants, offices and other places face risks of slip and fall accidents. Floor conditions that provide unstable footing may cause people to lose their balance and fall, and while the resulting injuries may be minor, some injuries may be disabling and even fatal.

If you’ve suffered injuries as a result of a slip, trip and fall accident in someone’s home or a public place or shop, we advise you to contact our Los Angeles personal injury law firm to explore the possibility of obtaining compensation for your injuries.

Slip and Fall Accident: General Overview

A slip and fall accident is a type of personal injury claim that a person can file against the property owner in which an accident occurred. The claim for compensation is based on the legal principle that the owner has a duty to provide a safe environment and seek to prevent injuries on their property. Certain elements such as dangerous conditions, owner’s knowledge and negligence, which must be proven in order to obtain fair compensation for your injury.

Slip and fall accidents can happen in commercial premises (restaurants, shops or offices) and residential properties (rented homes, friends’ homes).

Dangerous Floor Conditions

To be awarded damages in a claim, your lawyer must be able to prove the presence of a dangerous condition that is the direct cause of your injury, such as:

  • Torn carpets
  • Poor lighting conditions
  • Uneven floors
  • Wet floor
  • Broken or cracked sidewalk

Knowledge of Dangerous Condition

The owner of the premises must have created or caused the condition, or the condition must have existed long enough for the owner to have discovered it.

Owner’s Negligence

Despite this knowledge, the owner must be proven to have failed to correct the condition before the accident occurred.

Seeking Legal Representation

In addition to proving your injuries and the other party’s legal responsibility and negligence, timeliness in filing your claim is key. At The Law Office of Marvin S. Lanter, we advise anyone who is involved in an accident to consult a lawyer immediately before the Statute of Limitations can bar your claim in court. To arrange a free consultation to discuss your potential claim, our Los Angeles attorneys welcome your call at (310) 276-1142.

What are Los Angeles ‘Slip and Fall’ Accident Laws?

Slip and fall accidents are common causes of injury and may be the subject of a claim for compensation in the Los Angeles area. This type of personal injury case may stem from a slip-and-fall, trip-and-fall, or step-and-fall accident where something on the floor causes you to fall down and suffer injury.

You may slip due to the presence of water, ice, grease or oil, food, holes or cracks, broken floor boards, poorly lit areas and poorly maintained walking surfaces. When you have been injured in a slip and fall accident, you may be entitled to compensation for your injuries.

Not all accidents are entitled to slip and fall compensation. To do so, you must be able to prove certain facts which legally constitute a compensable personal injury:

Elements of slip and fall accident:

  • The property owner or tenant owed you a duty to prevent injury;
  • The property owner or tenant failed to observe that duty;
  • You suffered injury or damages; and
  • Your injuries are a direct result of the property owner’s failure or negligence to prevent injury.

Valuing your claim—the total value of your claim includes:

  • Medical expenses, including past, current and future costs;
  • Time lost from work;
  • Property damage, if any, such as a broken wristwatch or prescription glasses;
  • Cost of hiring someone to perform household chores if you are unable to do them as a result of your injury;
  • Permanent disability or disfigurement;
  • Emotional and physical pain and suffering;
  • Reduction in your future earning capacity; and
  • Other costs directly arising from your injury.

Where to file your claim–Parties ordinarily try to negotiate a settlement out of court, and this is best facilitated by having an experience personal injury lawyer acting on your behalf.

However, when negotiations fail or if we are unable to arrive at an amicable settlement, as your Los Angeles slip and fall accident lawyer, we will file a lawsuit in the appropriate court.

The amount of your claim will determine where you must file your claim. If your claim is more than $7,500, the case must be filed in the appropriate California Superior Court. A claim less than $7,500 may be filed at the proper California Small Claims Court.

Your claim must be filed in court within 2 years from the date of your slip and fall injury or you may no longer be entitled to compensation.

For an obligation-free initial consultation to discuss your Los Angeles slip and fall or other personal injury case, we invite your call on 310-276-1142.

Watch Your Back: Steps to Prevent and Relieve Back Pain

According to studies, approximately 75% of all Americans will experience at least one back injury in their lives. This shouldn’t be terribly surprising considering almost everything we do requires the use of our back.

Except for a single traumatic event (car accident, slip and fall), the vast majority of back problems are the result of ongoing activities, i.e., straining, stretching, pulling, spraining or over-working the muscles in our backs. Here are some tips to help minimize back pain issues:

  • Pay attention to your body. If you must remain in a seated or standing position for prolonged periods of time, take small breaks and change positions. This will help keep the back muscles fresh.
  • Don’t put too much strain on your back. This is especially important when it comes to lifting or moving heavy objects. When lifting, always bend at the knees and lift with your back straight. Also, if you can, ask for help. It might hurt your pride, but that’s better than your back.
  • Manage your stress. Stress causes muscles to tighten up creating tension in our backs. Deep breathing, taking a walk or simply closing your eyes for a few seconds can have a profound effect on our mind and ultimately our bodies.
  • Vary repetitious activities. Certain activities and movements can lead to tired and sore muscles which can lead to injury. If you have to perform a repetitive task, try to vary the approach so as not to cause fatigue.
  • Stand and sit up straight. Mom knew what she was talking about when she told us to sit up straight. A straightened posture accentuates the natural curvature of the spine and prevents slouching which can cause discomfort over time.
  • Stay active. The more active we are, the more in-shape our bodies and minds will become. The more extra weight we carry around adds that much more stress on our backs. A moderate amount of aerobic activity a week keeps our body machine in optimal working condition.
  • Sleep on your side. Sleeping flat on your back adds extra pressure to your spine. Try sleeping on your side with a pillow between your legs. This promotes your spine’s natural curve while eliminating unnecessary stress on your back while you sleep.

By adhering to these simple suggestions, we can better manage and prevent the onset of back pain. However, if you feel your pain is increasing and won’t resolve, seek the advice of your family physician.

© 2017 The Law Office of Marvin S. Lanter, Los Angeles Personal Injury Lawyer. All Rights Reserved.
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