Slip and fall accidents can and do happen often and in many unsuspecting areas. When these accidents happen it is frequently due to the negligence or failure of property owners who do not address dangerous situations on their property. In these cases, the property owner should be held responsible for their actions, or oftentimes inaction, and compensate you fairly for every damage and injury you have suffered.
Discovering who is at fault in a slip and fall case can be an especially challenging task and while you might assume the at-fault party is the property owner, the true culprit may not be so obvious. Text Kevin Accident Attorneys has become a force for injury victims of Garden Grove slip and fall accidents and throughout Southern California. Our firm has recovered millions of dollars in compensation for our personal injury clients and we may be your choice to build a powerful case against the party responsible for your injuries.
Common Slip and Fall Accident Injuries in Garden Grove
Slip and fall accidents can come out of nowhere and result in injuries ranging from minor bumps and bruises to catastrophic damage to your body. How these injuries affect your daily life could have a serious impact on your ability to care for yourself. Some of the most common injuries our clients have reported in slip and fall accidents include:
- Broken bones
- Severe lacerations
- Muscle strains
- Torn tendons
- Back injuries
- Neck injuries
- Head trauma
- Traumatic brain injuries (TBI)
- Concussions
This is not an exhaustive list of the injuries that can come from a slip and fall accident and even if you do not see your injury listed above, do not lose hope. Connecting with an experienced and dedicated Garden Grove slip and fall attorney with Text Kevin Accident Attorneys should be a priority if your injuries were caused due to the negligence of a property owner or manager. Our law firm can conduct an intensive investigation into how your injury was caused, where the injury occurred, and who may be responsible for your life being turned upside down.
What is the Burden of Proof in a Slip and Fall Accident Lawsuit?
Most people think of the phrase beyond a reasonable doubt when they think of a courtroom. However, in personal injury cases, the burden of proof is based on a preponderance of the evidence, as outlined in California’s Civil Jury Instructions Resource Center’s Civil Plain English Comparison under BAJI 2.60. This means that if we can show that the liable party was more than likely responsible for your injuries, we have the opportunity to win your case.
Pro Tip
Even if you think your injuries are minor, seeking medical attention and keeping clear and accurate records of your exam can be especially helpful in pursuing compensation for your case. This can demonstrate that you take your healthcare seriously and did everything possible to prevent more severe injury. Some injuries, such as whiplash or concussion, do not present symptoms immediately and if left untreated may grow more severe without proper medical attention.
Liability for Your Garden Grove Slip and Fall Accident
You may believe that a property owner is automatically liable for your injuries if you were on their property when your slip and fall accident occurred. However, multiple parties could be found responsible for the circumstances that resulted in your slip and fall injuries in Garden Grove. Some examples of other parties aside from the property owner that could share liability in your case may include:
- Property managers
- Maintenance personnel
- Leaseholders
- Business owners
Other personnel who are responsible for the care and upkeep of a particular property or building may also share liability for your injuries. Regardless of who is ultimately at fault for your injuries, we do not believe you should have to shoulder the burden of the costs of your recovery. When you choose Crockett Law Group to represent your interests, you can be confident that we will work tirelessly in our investigation to uncover any parties whose negligence led to your slip and fall injuries in Garden Grove.
Note
When a business occupies a retail space and operates independently of the premises owner, that owner may be absolved of responsibility. If your slip and fall accident occurred in a restaurant, for example, the liability may fall exclusively on the owner of the restaurant. Determining all liable parties will be a key focus in our investigation of your Garden Grove slip and fall accident.
Property Owner Culpability Exclusions
There are instances when the property owner is not liable for your injuries, even if those injuries occurred on their land. The details of every case will vary which highlights the importance of a thorough investigation. Here are some of the exceptions that could work against your slip and fall case in Garden Grove.
The Open and Obvious Doctrine
Under the Judicial Council of California’s Civil Jury Instructions CACI 1004, also known as Obviously Unsafe Conditions, property owners, occupiers, and controllers may argue that a hazard was obvious to any reasonable person that they need not offer any warning for such a hazard. Even if the hazard is not marked or obvious, property owners or other defendants may attempt to use this defense to argue that you should have noticed the hazard. We will do everything in our power to refute this defense whenever possible.
Trespassing and Criminal Activity
There are situations where even trespassers may attempt to hold property owners responsible for their injuries. According to CACI 1005, a property owner or landlord must take necessary precautions to ensure the safety of tenants and invitees, even if or when their activity on the premises becomes criminal. While this can be unlikely in slip and fall cases, if you were injured while cutting through another person’s property, if the property owner did not exercise due caution in caring for their property, we may still be able to hold them liable for the damages you have suffered.
Sharing Liability for Your Slip and Fall Accident
California operates under a doctrine of pure comparative negligence as described under California Civil Code 1714, which means that even if you share fault for the injuries you have suffered, you can still be compensated for your damages. Defendants in personal injury cases will often blame the injured party to avoid their financial responsibility. Even if you do share partial blame for the slip and fall accident you have experienced, we can still pursue compensation for your damages, however, your payout will be reduced by the percentage of liability that you share.
Common Types of Recoverable Damages in Garden Grove Slip and Fall Accidents
The details of your Garden Grove slip and fall accident are critical in determining the value of your case. Every way your life has been impacted must be accounted for to enable us to accurately calculate your damages. Your damages will be divided into three categories known as economic damages, non-economic damages, and punitive damages.
Lost Wages
One of the most common examples of economic damages is lost wages. These are verifiable through pay stubs, tax records, or other documents that demonstrate the wages you would have made if you were not injured. You should not be expected to work while you recover from the injuries you suffered in your slip and fall accident and you should be compensated for these wages you would have otherwise earned.
Medical Expenses
Another common example of economic damages is the costs you incur while being treated for your injuries. Medical bills and other costs related to your recovery should be covered when your injuries were the result of another party’s negligence. This may also include required medical devices, medications, and other medical expenses that we can verify and add to your case.
Pain and Suffering
Many slip and fall cases result in painful injuries that may have been avoided if the property owner or controller had taken the necessary actions to ensure safety on their land. The most common example of non-economic damages is the pain and suffering that you have endured due to the negligent actions of property owners. While not easily calculated, the pain and suffering you have endured can sometimes be the most difficult hurdle you must overcome to recover from your injuries and may also have the most significant impact on your life.
Loss of Enjoyment of Life
Slip and fall accidents can sometimes seem like unremarkable incidents but when you have suffered significant injuries due to a property owner’s negligence, it can have considerable impacts on your life. If your injuries have reduced your capacity to enjoy activities that you engaged in before your accident, this can cause notable mental and emotional trauma that you should be compensated for. Another example of non-economic damages, loss of enjoyment of life can have a profoundly negative impact on your life that should be addressed in your personal injury claim.
Tip
Keeping a journal of your recovery can help your Orange County premises liability attorney show the impact your injuries have had on your life. No detail is too small when describing how your injury has affected your daily life. These details can also help a judge and jury understand the profound implications your injury has had.
Garden Grove Slip and Fall Accident FAQs
There is no one place where slip and fall accidents occur more frequently since they can happen anywhere. However, locations that are neglected by the property owner or manager may result in a higher likelihood of slip and fall accidents. Some of the more common locations where these accidents can happen include public areas such as grocery stores or other retail stores, workplaces such as factories or restaurants, and residential areas such as hotels or apartment buildings.
It will not cost you anything to hire a slip and fall accident attorney in Garden Grove. Text Kevin Accident Attorneys can represent you in your case under a contingency agreement as outlined in the State Bar of California’s Rule 1.5 Fees for Legal Services. This means you do not have to pay us anything upfront, and you will only pay for our services as an agreed-upon percentage of the compensation we recover for you.
You do not have unlimited time to pursue legal action for your Garden Grove slip and fall accident. According to California Code of Civil Procedure § 335.1, you may only have two years to make your claim against the liable party and while this may seem like plenty of time, it may move quickly when you are busy focusing on your healing journey. You should also be aware that if your slip and fall accident happened on government property such as a government building or state park, you may only have six months to file legal action against a state agency according to California Government Code Section 911.2.
Punitive damages, also known in California as exemplary damages, describe financial awards in personal injury cases where the defendant’s actions are considered fraudulent, malicious, or oppressive. As described in California Civil Code Section 3294, these damages are designed to punish the defendant for their egregious conduct. While they are not awarded in every case, and are relatively rare, when we have heard the specific details of your case, we can help you understand if they could be expected or possible in your Garden Grove slip and fall accident.
Get Help From Garden Grove’s Leading Slip and Fall Accident Attorneys
With dozens of five-star reviews and more than 30 awards and honors, Text Kevin Accident Attorneys has established a reputation for caring for our clients and fighting for your right to just compensation. You deserve to hold the liable parties accountable for their reckless behavior when you have been injured in a Garden Grove slip and fall accident. Show them you mean business with the Crockett Law Group on your side.
Many property owners work diligently to care for their premises but some do not keep their properties free from hazardous situations. When you have suffered because of these dangerous conditions, you have the right to be made whole. Do not hesitate another moment, call our offices or fill out our secure online contact form now to schedule your 100% free, risk-free consultation as soon as today.