Imagine you are enjoying a swim in a hotel pool. As you step out to grab a towel, you unexpectedly slip on the wet floor while heading towards the locker room. The hotel has a duty to maintain a safe environment, and without any caution signs, they can be held liable for your injuries.
This incident exemplifies a slip-and-fall accident — a type of premises liability claim (one of many kinds of personal injury cases), where an individual sustains injuries by slipping on a hazardous surface.
Understanding the slip-and-fall laws in California is crucial for filing a claim and determining the potential outcome. With the guidance of an experienced Los Angeles personal injury attorney from the Law Offices of John J. Perlstein, we can advocate on your behalf to ensure you receive the compensation you deserve.
Outlined below are explanations of some of the most common slip-and-fall laws in California.
Statute of Limitations
In the state of California, the statute of limitations allows you two years from the date of the injury to file a personal injury lawsuit against private property owners or companies. However, if the injury or harm was not immediately apparent, the delayed discovery rule may extend that timeframe to when the injury was discovered.
If the injury occurred on government property, the statute of limitations is reduced to just six months. For instance, if you were jogging in a park after a rainy week and slipped in a flooded area due to inadequate drainage and warning signs, the park management could be held accountable.
Given that a public park is considered government property, you would have only six months from the date of your injury to initiate the case. For this reason, acting quickly with help from an experienced slip-and-fall lawyer in Los Angeles is imperative.
Premises Liability
Private and public property owners are obligated to maintain safe premises. If they neglect to install warning signs or adequate precautions to alert visitors of potential hazards, they can be held liable for injuries.
According to California Civil Code 1714, property owners have a legal duty to exercise reasonable care in maintaining their property to prevent harm to visitors. In other words, if the property owner acts negligently and fails to uphold a safe and hazard-free environment, they can be held responsible for any injuries sustained by visitors on their premises.
As a result, property owners must regularly inspect their premises for hazards, repairing potential dangers as soon as possible and putting up warning signs to notify visitors of any unsafe conditions.
Fault Distributions (or Shared Fault)
Even if you are partially responsible for the slip-and-fall accident, California’s pure comparative negligence principle allows injured victims to still receive compensation.
The ultimate goal is to reach a settlement agreement with your insurance company to avoid bringing the case to court. However, insurance companies can be tough to deal with. They often employ deceptive tactics to minimize payouts and avoid paying fair settlements.
Los Angeles personal injury attorneys have extensive experience in negotiating with insurance companies to ensure you receive the damages you are entitled to. In the event that the case is brought to court, our personal injury attorneys in Los Angeles, CA are well-versed in the common defenses in slip-and-fall cases and will advocate on your behalf.
Connect With a Los Angeles Slip and Fall Lawyer
Navigating the intricacies of slip-and-fall laws in California can be challenging. Experienced personal injury lawyers in Los Angeles have the knowledge and expertise to guide you through your case and secure the compensation you deserve for your injuries.
John J. Perlstein, a leading slip and fall lawyer in Los Angeles, has over 25 years of experience in obtaining fair and just outcomes in personal injury cases. He ensures accurate compensation for victims and clearance for those wrongly accused.
Contact us today at (213) 583-5786 or complete the form on our website to schedule a free consultation with personal injury or wrongful death attorneys (Los Angeles and the surrounding area). This consultation offers you an opportunity to discuss your slip-and-fall case with us and explore the strategies our Los Angeles slip-and-fall attorneys can use to assist you.
Visit our Frequently Asked Questions: California Personal Injury Claims page to learn more.