It can happen anywhere, at any time: you’re walking along at a grocery store or even a friend’s backyard barbecue and suddenly you slip and fall. If you are hurt and may need to file a lawsuit later, there are a few immediate steps you can take that can make all the difference in the future.
Steps You Should Take After A Slip And Fall
Here’s what you should do if you’re injured in a Los Angeles slip and fall accident.
Seek Medical Attention
If you’ve been injured in a slip and fall, you should immediately seek medical attention. Not only is treating your injury important for your health, but getting help quickly can help your personal injury lawsuit. Before you can recover compensation, you first have to prove that you were injured. A doctor’s medical report is a good way to achieve that.
Collect Evidence
Second, it’s important to collect as much evidence as you can immediately after the accident. Take a look around you and see if there is any obvious reason for your fall. Examples include slippery pavement or an object you tripped over. If such conditions exist, take photographs or video of the area and also identify any witnesses who would be able to testify about your fall.
File a Report
Third, if your injury occurred at a business, file an official report with the company. You should also request contact information for the owner, manager, or other important person in charge of the property. If it is a private property, make sure the owner is aware that you are injured.
Consult a Personal Injury Attorney Near You
Finally, if you’ve experienced a slip and fall accident you should consult with an experienced premises liability lawyer as soon as possible. California’s statute of limitations for a slip and fall is generally two years. With the help of the medical report and evidence you’ve collected, your attorney can start the process to filing a lawsuit against the owner of the pool, usually without any money paid upfront.
Who Is Responsible For My Slip And Fall Accident?
Both private property owners and business have the legal obligation to ensure that individuals on their property are safe. Failure to do so can result in the owner being held liable for the victim’s injuries.
To be successful in your premises liability claim, you need to be able to prove that the owner of the premises owed you a duty of care, that the conditions of the premises were unreasonably dangerous, that you were injured, and that the owner’s negligence was at least partly at fault for your injuries.
Additionally, there are a few key legal terms that will help determine who is liable for your slip and fall.
First, the court will have to determine what your status as a user was at the time of the accident. User status can be broken into three groups: invitee, licensee, and trespasser.
Generally, invitees are individuals who are either directly or indirectly invited onto the premises by the owner typically for business purposes. If you were an invitee at the time of the accident, you are owed the highest duty of care. This means that the owner has the duty to reasonably inspect the premises to ensure it is safe.
An injured invitee can hold a business owner liable for slip and falls involving conditions that the owner wasn’t even aware of. For example, they failed to reasonably inspect the premises and are therefore liable for any injuries that occur.
Licensees, on the other hand, are individuals who are present on the premises for social purposes. Licensees are usually friends, relatives, and other guests of private property. Owners who invite licensees onto their premises have a duty to repair or warn guests of dangerous conditions, but not a duty to inspect for danger.
Lastly, trespassers are individuals who are on the premises without the consent of the owner. Generally, an owner has no duty to make their premises reasonably safe for trespassers. The exception is if the trespasser is a child or the danger constitutes an attractive nuisance.