Whether you suffered a serious bone break, back injury, or brain damage, if your slip and fall injuries have had a significant impact on your life, you may be interested in exploring your legal options. Depending on the circumstances of your case, you may have grounds for a claim against the property owner or other at-fault party.

Fortunately, while you are recuperating, a reputable Anaheim slip and fall lawyer from Fisher & Talwar can help you make the liable party pay. Our Anaheim personal injury lawyers are available 24/7, so contact our office to schedule your free consultation today.

Grounds for a Slip and Fall are Negligence-Based 

After a slip and fall accident, you may not know what your next steps should be. With a mountain of medical bills and having to take time off work, your financial obligations may quickly pile up, leading you to consider potential legal options. The grounds for a slip and fall, or any personal injury claim, are based on negligence. 

This means the only way your premises liability claim could be successful is if we can show that someone else’s negligent actions contributed to or directly caused the accident. There are several ways we can prove that the defendant should be held accountable for your damages. First, we demonstrate that the elements of negligence, as described by Page 230 – CACI No. 400. Negligence, have been met as follows:

  • Duty of care – The defendant was responsible for your physical safety.
  • Breach of duty – The defendant made a mistake or error, violating their duty of care.
  • Causation – The defendant’s mistake, error, or decision was what caused your slip and fall accident or resulting injuries.
  • Damages – You suffered tremendous financial, physical, or emotional damages as a result of the slip and fall accident.

We must also demonstrate that the burden of proof has been met. As outlined by the California Jury Instructions Resource Center’s Civil Plain English Comparison under BAJI 2.60, the burden of proof is based on a preponderance of the evidence. While your Anaheim slip and fall attorney with Fisher & Talwar may not need to prove guilt beyond a reasonable doubt, we must present compelling evidence to the jury. It should be clear to the jury that the defendant is more likely than not responsible for causing your slip and fall.

Evaluating the Cause of Your Slip and Fall Injuries 

In most slip and fall accident claims, the property owner shares responsibility for the victim’s damages. This is because property owners have a duty to maintain their premises for the safety and well-being of their invited guests, patrons, and the general public as described under California Government Code § 835. However, depending on how the accident occurred and the type of slip and fall accident you were involved in, other parties could share liability as well. With that being said, some of the most widely reported causes of slips and falls in Anaheim include:

  • Wet floors
  • Broken pavement
  • Falls from elevated heights
  • Construction site slips and falls
  • Unsecured carpeting
  • Improperly installed flooring
  • Stair accidents
  • Escalator accidents
  • Grocery store slips and falls
  • Snow and ice accidents
  • Elevator accidents
  • Debris in walkways

In some slip and fall accidents, multiple parties share liability. For instance, if you tripped and fell on a broken stair leading up to your rental home, the homeowner and potentially those who installed the stairs could share responsibility for your injuries, depending on why the stairs were broken. We will know more after conducting a detailed investigation into your injuries.

Put Our Trial Experience to Work for You

Though we are based in Los Angeles, our firm proudly serves injury victims and accident survivors in Anaheim and across California. When you need a legal representative who understands the law, is not afraid to negotiate for a reasonable settlement, and regularly provides case status updates, you have come to the right place. 

Fisher & Talwar does not believe you should need to handle the claims process on your own. With our firm by your side, we can get you the answers you need while you move through the claims process. We will put our considerable trial experience and extensive resources to work for you so we can maximize your financial compensation.

Property Owner Liability and Exclusions

Property owners may have a duty to maintain the integrity of their premises, but that does not mean they are always at fault. In cases where property owners take the time to carefully mark off hazardous conditions as an attempt to warn invited guests and patrons, they may not be 100% liable for victims’ damages. Property owners are specifically excluded from liability if the injury victim was trespassing on their property at the time of the offense. As described under California Civil Code § 1714, the official language of the legal statute reads as follows:

  • 1714:

(a) Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. 

How Much Is Your Slip and Fall Claim Worth? 

You have the right to be repaid in full for your damages after a slip and fall accident caused by someone else’s negligence. This is commonly referred to as the “right to be made whole”. There are many types of losses that could be awarded in your slip and fall claim, including economic damages and non-economic damages.

Economic Damages

Your economic damages are monetary. They are the easiest to calculate because we can verify them with financial records and other official documents. Examples of economic losses awarded in slip and fall accident claims include:

  • Lost wages
  • Medical bills
  • Personal property damages
  • Future healthcare expenses
  • Loss of household services
  • Diminished earning potential
  • Loss of employee benefits

Non-Economic Damages 

Non-economic damages can be a little more challenging. They do not have a monetary value until your brain injury lawyer assigns one. Some examples of non-economic damages for slip and fall victims include:

  • Permanent disability
  • Loss of enjoyment of life
  • Emotional distress
  • Disfigurement and skin scarring
  • Loss of consortium
  • Pain and suffering

Call Our Slip and Fall Lawyer in Anaheim Today

You should not have to continue to struggle with the aftermath of your injuries while the liable party moves on with their life. They should be compelled to compensate you for every single loss so you have your best opportunity to put this experience behind you.

With help from a top-rated slip and fall attorney in Anaheim from Fisher & Talwar, you can get the most out of your claim. Put our decades of combined trial experience to work for you and your family. Complete our quick contact form or call us to schedule your free consultation today.