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

Posted on May 28, 2014 by

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.

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