slip and fall accident

According to data from the Healthcare Cost and Utilization Project, falls were the most common cause of ER visits in the nation in one year. In addition, more than 8 million people sustain falling injuries that take them to the emergency room. Many of these slip-and-fall injuries happen because of dangerous property conditions, like icy walkways or uneven surfaces. Landowners are responsible for reducing risk on their properties and can be liable when hazards cause guests to slip or trip and fall.

If you have sustained injuries in a slip- or trip-and-fall accident, Carcione, Henderson & Markowitz, LLP, is here to assist. A severe fall can create lasting physical and psychological complications that impact your financial well-being. Our slip-and-fall accident law firm can help you pursue financial compensation from negligent property owners responsible for harming you.

Contact us online or call our office today to speak to a San Mateo slip-and-fall attorney about your case. Your consultation is free, and you pay nothing unless we recover money for your injury case.

Why You Should Hire a San Mateo Slip-and-Fall Attorney

Pursuing a slip-and-fall claim can be difficult. A successful claim requires the injured person to prove that the property owner knew or should have known about the slipping hazard and did nothing to reduce risk or warn guests that it existed. Moreover, liability can be split among many entities, depending on who was occupying or controlling the property at the time. A San Mateo slip-and-fall lawyer can approach these challenges with a strategic mindset and fight to secure the highest amount of financial compensation.

CHM Law Firm has recovered hundreds of millions of dollars for California injury victims in our four-decade history, including several multimillion-dollar results from slip-and-fall claims. Unlike some firms, we are not in the business of making fast settlements and compromises. Our law firm intentionally keeps a smaller caseload so we can provide the care and attention each of our clients deserves. With our extensive injury litigation background, we know how to minimize the slip-and-fall lawsuit timeline and can work hard to maximize your recoverable compensation.

What Kinds of Damages Can I Pursue in a Slip-and-Fall Case?

Slip-and-fall injuries can be expensive to treat, and physical impairment can leave you unable to work. Your injuries may require you to switch to a lower-paying field of work and incur additional expenses in your life. Additionally, pain, mental anguish, and quality of life reductions are all valid intangible losses someone may suffer after an injury.

Our attorneys can pursue slip-and-fall compensation for a wide range of your injury-related losses, including the following:

  • Emergency medical bills and continuing medical expenses (e.g., prescriptions, rehab services, etc.)
  • Lost income from missing work, including hourly pay/salary, bonuses, commissions, etc.
  • Differences between pre- and post-injury lifetime expected earning capacity
  • Miscellaneous injury costs, like childcare costs and alternative transportation
  • Physical pain and conscious suffering
  • Loss of life enjoyment and convenience
  • Loss of consortium or intimacy
  • Property damage

Proving the extent of a falling injury can be difficult, as it can touch virtually every aspect of your life. We have experience in negotiating and trying slip-and-fall cases, and we know how to present evidence and medical records to fully express the extent of your pain and impairments. We are skilled negotiators, but we are also unafraid to litigate your case in court if an appropriate settlement cannot be reached.

Who Is Responsible for an Injury in a Slip-and-Fall Case?

A slip-and-fall injury generally falls under the broader umbrella of premises liability cases. Premises liability law provides that property owners are responsible for maintaining safe premises for guests who enter their property. If a landowner knows or should know about some hazard and doesn’t take steps to fix it or post warnings, they can be financially responsible if it causes injury.

As such, the property owner is usually the liable entity in slip-and-fall cases. Landowners have a duty to minimize the risk of tripping and falling hazards on their property. If they know about some danger and do nothing to secure or contain it, any falling injuries would be their responsibility. The exception is a hazard that is so obvious anyone would be reasonably expected to see it (the property owner is not required to post warnings about such a condition).

For example, suppose there is a spill in a grocery store aisle that goes unattended for several hours. A customer walks by, slips on the spill, and injures their back in the fall. The spill was present for several hours, and the owner should have known about it through reasonably diligent inspections of the property. Had the owner discovered it, they could have cleaned the spill or posted a warning. Because the owner failed to exercise reasonable care, the customer was injured, so the owner could be liable.

How Long Do I Have to File a Slip-and-Fall Lawsuit in California?

Cal. Civ. Cod. 335.1 places a two-year time limit on filing lawsuits for injuries caused by others, and that includes slip-and-fall lawsuits. After two years, the court will reject any lawsuit you file in pursuit of compensation. Two years is also the time limit for filing a wrongful death suit due to a slip-and-fall accident.

The two-year counter typically starts from the date of the fall. However, a slip-and-fall may result in hidden injuries that do not show symptoms until much later. In these cases, the count begins on the date you discovered your injury rather than the date it occurred. In either case, you should contact an attorney as quickly as possible. Filing a claim promptly can increase your chances of recovering the maximum amount of financial compensation and reduce the risk of delays and denials.

What Are Common Types of Slip-and-Fall Accidents?

Any hazard that causes people to lose their footing or balance can cause a slip-and-fall accident. Below are some of the most common causes of falling accidents in slip-and-fall cases.

  • Wet Surfaces – Surfaces made wet from water, ice, and slick substances like oil all contribute to falls. They can become wet due to plumbing leaks, weather conditions, accidental spills, and recent cleaning.
  • Uneven Flooring or Surfaces – Cracks in sidewalks or uneven floorboards can cause pedestrians to lose their balance and fall.
  • Cluttered Walkways – Objects or electrical cords in cluttered walkways, staircases, and aisles pose a tripping hazard, especially in places that receive substantial pedestrian traffic, like stores.
  • Insufficient Lighting – Places like parking lots or stairwells can have insufficient lighting, which increases the chance that individuals will slip and fall on items they cannot see.
  • Lack of Handrails – Some staircases and inclined slopes lack handrails, so pedestrians may be unable to stabilize themselves when they lose their balance.
  • Unsafe Design – Sometimes, the design of a walkway makes falling more likely, such as unnecessarily steep or narrow staircases.
  • Workplace Hazards – Jobsites can have higher rates of falling injuries if employees work at heights and around uneven surfaces.

What Are Common Places Where Slip-and-Fall Accidents Occur?

Places where slip-and-falls occur include a wide range of private and public properties, such as the following:

  • Grocery Stores – Spills, leaks, and other wet flooring hazards are common in grocery stores and supermarkets. Employees can also neglect to place warning signs after mopping up messes.
  • Parking Lots – Parking lots can have slick surfaces from ice and water, or poor lighting conditions can cause someone to lose footing. Cracks in concrete and pavement walkways also cause falls.
  • Private Homes – Guests can slip and fall at someone’s home if the property owner isn’t diligent in maintaining and repairing their homes and yards to keep them free of hazards.
  • Restaurants – Substances like spilled foods, drinks, oils, and grease can make floors slippery in restaurants and bars.
  • Retail Stores – Cluttered walkways, obstructions, and wet floors are all common fall risks in retail stores.
  • Apartment complexes – Negligent maintenance in common areas and hallways can cause falls from damaged flooring, plumbing leaks, and uneven staircases.
  • Hotels and Resorts – These establishments contain many falling hazards, like wet floors around pools, dimly lit stairwells or restaurants, and negligently maintained gyms.
  • Escalators and Elevators – Escalators and elevators are common building fixtures that can cause falling injuries if they malfunction.
  • Public Property – Falls can also happen on public property like parks and in front of courthouses if municipalities are negligent with maintenance and upkeep.

What Are Common Injuries Someone Can Sustain in Slip-and-Fall Accidents?

Falls are a major cause of injury across all age ranges, but particularly among seniors. Common injuries from falls can include the following:

  • Dislocations and joint injuries
  • Wrist and arm fractures
  • Herniated discs
  • Spinal cord injuries
  • Hip and leg fractures