The holiday season is just around the corner, which means the likelihood of slipping on an icy walkway is about to skyrocket.
Whether you miss a step and fall on poorly lit stairways or trip over fallen merchandise at a shopping mall, you are entitled to get compensation for your injuries on someone else’s property under premises liability.
Our premises liability attorneys at Law Offices of Howard Craig Kornberg remind readers to be cautious during the holidays, when surfaces become more slippery than at any other time of year.
Fact: falls account for more than 8 million hospital emergency room trips every year. It is the most popular reason for ER visits in the U.S.
How to prove someone else’s negligence in slip and fall?
If you get injured in a slip and fall accident on someone’s else property in Los Angeles, you are entitled to pursue a premises liability claim.
This type of accident can cause serious injury and even leave people disabled for the rest of their lives, which is why premises liability laws in California are so strict.
Under premises liability laws in Los Angeles, it is the legal duty of every property owner to provide a safe environment for all people on their property.
A property owner may be held accountable for your slip and fall injuries and damages it the accident could have been prevented by the owner.
A property owner was negligent and violated safety rules if he/she:
- Created the conditions that caused the slip and fall accident
- Was aware of the dangerous conditions, but failed to address it and fix in a timely manner
- The dangerous condition has existed for such a long time that the owner should have learned about it
What to do after a slip and fall accident?
Whether you were injured in a slip and fall accident resulting from wet floor, slippery or uneven surface, damaged floors, missing hand rails, poorly lit stairways or alleys, tripping and landscape hazard, improperly maintained elevators and escalators, and other causes of slip and falls, it doesn’t matter how you got injured.
All that matters is that you got injured on someone else’s property, our Los Angeles premises liability attorneys at Law Offices of Howard Craig Kornberg explain.
After a slip and trip/fall accident, it’s essential to seek medical attention even if it seems as if you feel fine (some injuries may manifest themselves days or weeks after the accident, which, if not documented, would make it more challenging to file a premises liability claim).
The second step after seeking professional medical help should be contacting a personal injury attorney, who would investigate your particular case and write a demand letter to the property owner accordingly.
In the demand letter, your personal injury attorney will describe the slip and fall accident, determine liability, and include a list of injuries and damages along with initial medical expenses as well as any long-term medical bills, lost wages or lost capacity.
How to seek damages in premises liability cases?
There’s no cookie cutter approach to writing a demand letter and filing a premises liability claim, as terms vary depending on your circumstances. Your attorney will also get in touch with the insurance company, who would, in turn, respond with a counter offer.
If the offer doesn’t provide you with a reasonable settlement and compensation, your lawyer will negotiate a more favorable offer. If no agreement is reached, you are entitled to file a lawsuit and resolve the case in court.
Note: under California personal injury laws, the statute of limitations is 2 years after the accident.
Get in touch with our experienced personal injury attorneys and premises liability lawyers at Law Offices of Howard Craig Kornberg to find out about your best legal options in a fall and slip accident, write a demand letter and pursue compensation for your injuries and damages.