San Francisco Slip and Fall Injury Lawyer - Proving Your Slip and Fall Injury Case
A serious slip-and-fall or trip-and-fall injury does not automatically create a valid legal calim. In Caifornia, one of the most important questions is usually whether the property owner, llandlord, business, or other responsible party created the dangerous condition, knew about it, or should reasonably have discovered and corrected it before the injury occurred.
We represent victims of serious slip-and-fall and trip-and-fall injuries in San Francisco, Oakland, Sacramento, and throughout Northern California. We have handled premises liability cases involving unsafe stairs, defective flooring, dangerous conditions in stores and parking areas, construction hazards, and other negligently maintained property. If you have suffered a significant injury because of a dangerous condition on someone else's property, the strength of your case will generally depend on several important factors.
What Must You Prove in a California Slip-and-Fall Case?
California property owners and businesses have a duty to use reasonable care in maintaining their premises. However, the fact that someone fell on another person's property does not by itself establish negligence.
A successful slip-and-fall claim generally requires evidence showing:
Proving That the Property Owner Knew or Should Have Known About the Danger
One of the most disputed issues in many slip-and-fall cases is notice.
Suppose a customer spills a drink on the floor of a grocery store and another customer slips on it thirty seconds later. Even though the floor was dangerous, the store may have had no reasonable opportunity to discover and clean up the spill becuase so little time passed between the spill and the incident. The situation can be very different when evidence shows that the spill or other dangerous condition existed long enough that employees should have discovered it through reasonable inspections.
Evidence concerning notice may include:
When the Business or Property Owner Created the Dangerous Condition
Proving notice may be considerably easier when the defendant or its employees created the dangerous condition themselves. Examples might include an employee of the same business leaving a slippery substance on the floor, merchandise being stacked unsafely, an improperly positioned floor mat, unsafe construction work, or a landlord performing repairs that create a tripping hazard. In these situations, determining who created the condition can be just as important as proving how long it existed. Surveillance footage, photographs, witnesses and internal records can become particularly important evidence.
Slip-and-Fall Claims Against Landlords and Property Managers
Apartment buildings and other residential properties present their own premises-liability issues.
Dangerous conditions can include:
Common Slip-and-Fall and Trip-and-Fall Injuries
Falls can cause much more serious injuries than bruising or temporary soreness. This includes
Evidence That Can Make or Break a Slip-and-Fall Case
Premises-liability cases can become significantly harder to prove as time passes. Surveillance footage may be overwritten. A spill may be cleaned immediately. A broken stair may be repaired. Employees and witnesses may forget what they observed. If circumstances permit after an accident, useful steps can include:
Comparative Fault Does Not Necessarily Defeat Your Claim
Property owners and their insurers frequently argue that an injured person should have seen the dangerous condition and avoided it. Or, that the injured person was otherwise partially responsible for the fall due to wearing slippery shoes, being distracting by looking at his smartphone, or being under the influence.
That argument does not necessarily eliminate a claim. California follows comparative-fault principles. Depending on the circumstances, responsibility may be divided between the injured person and the property owner. A finding that an injured person was partially responsible therefore does not automatically prevent recovery.
Whether the danger should have been noticed by a reasonable person depends heavily on the circumstances—including lighting, visibility, distractions, the nature of the condition and the reason the injured person was on the property.
Our Experience Handling Slip-and-Fall and Trip-and-Fall Cases
We have handled premises-liability cases through settlement, arbitration and trial.
Our results in slip-and-fall and trip-and-fall matters have included:
Is Your Slip-and-Fall Case Worth Pursuing?
Not every fall should result in litigation. When evaluating a potential case, some of the questions we consider include:
How dangerous was the condition?
A minor irregularity may present a different case from a broken staircase, significant spill, concealed hazard or serious maintenance defect.
Can notice be proven?
We look for evidence that the defendant created the condition or knew or should have known about it and could and should have timely repaired it.
How serious are the injuries?
Cases involving fractures, surgery, substantial lost income or lasting physical limitations are generally more practical to pursue than cases involving minor injuries that resolve quickly.
What evidence is available?
Photographs, video, witnesses, prior complaints and maintenance records can substantially affect the strength of a claim.
Is there a viable defendant and source of recovery?
Identifying the parties responsible for maintaining or controlling the property can sometimes require investigation. A candid case evaluation should consider weaknesses as well as strengths. The goal should not be to pursue every possible claim, but to determine whether the available facts and damages justify moving forward.
Discuss Your Slip-and-Fall or Trip-and-Fall Injury With Us
If you suffered a serious injury because of an unsafe condition at a store, apartment building, business, parking area or other property, you are welcome to contact us to have the circumstances reviewed.
When contacting us, it is helpful to provide a brief description of where and how you fell, what condition caused the fall, your injuries and medical treatment, whether photographs or video exist, and whether the incident was reported to the property owner or business.
Also, if you have been recently involved in a slip-and-fall or trip-and-fall injury, be sure to read these five important tips for victims of slip and fall injuries.
We represent victims of serious slip-and-fall and trip-and-fall injuries in San Francisco, Oakland, Sacramento, and throughout Northern California. We have handled premises liability cases involving unsafe stairs, defective flooring, dangerous conditions in stores and parking areas, construction hazards, and other negligently maintained property. If you have suffered a significant injury because of a dangerous condition on someone else's property, the strength of your case will generally depend on several important factors.
What Must You Prove in a California Slip-and-Fall Case?
California property owners and businesses have a duty to use reasonable care in maintaining their premises. However, the fact that someone fell on another person's property does not by itself establish negligence.
A successful slip-and-fall claim generally requires evidence showing:
- A dangerous condition existed on the property;
- The defendant created the condition, knew about it, or reasonably should have discovered it;
- The defendant failed to take reasonable steps to repair the condition, clean it up, or adequately warn visitors about it;
- The dangerous condition caused your fall; and
- You suffered injuries and damages as a result (which may included past and future medical expenses, wage loss, loss of enjoyment of life, etc.)
Proving That the Property Owner Knew or Should Have Known About the Danger
One of the most disputed issues in many slip-and-fall cases is notice.
Suppose a customer spills a drink on the floor of a grocery store and another customer slips on it thirty seconds later. Even though the floor was dangerous, the store may have had no reasonable opportunity to discover and clean up the spill becuase so little time passed between the spill and the incident. The situation can be very different when evidence shows that the spill or other dangerous condition existed long enough that employees should have discovered it through reasonable inspections.
Evidence concerning notice may include:
- Surveillance video;
- Inspection and sweeping logs;
- Employee testimony;
- Witness statements;
- Prior complaints;
- Maintenance and repair records;
- Photographs showing the age or condition of the hazard; and
- Evidence of similar prior incidents.
When the Business or Property Owner Created the Dangerous Condition
Proving notice may be considerably easier when the defendant or its employees created the dangerous condition themselves. Examples might include an employee of the same business leaving a slippery substance on the floor, merchandise being stacked unsafely, an improperly positioned floor mat, unsafe construction work, or a landlord performing repairs that create a tripping hazard. In these situations, determining who created the condition can be just as important as proving how long it existed. Surveillance footage, photographs, witnesses and internal records can become particularly important evidence.
Slip-and-Fall Claims Against Landlords and Property Managers
Apartment buildings and other residential properties present their own premises-liability issues.
Dangerous conditions can include:
- Broken or uneven stairs;
- Loose or missing handrails;
- Defective flooring;
- Poorly maintained walkways;
- Inadequate lighting;
- Unrepaired leaks or slippery surfaces; and
- Other conditions that create an unreasonable risk of falling.
Common Slip-and-Fall and Trip-and-Fall Injuries
Falls can cause much more serious injuries than bruising or temporary soreness. This includes
- Wrist and arm fractures;
- Shoulder fractures and serious shoulder injuries;
- Ankle and leg fractures;
- Head injuries and concussions;
- Knee injuries;
- Back and spinal injuries; and
- Injuries requiring surgery or substantial ongoing treatment.
Evidence That Can Make or Break a Slip-and-Fall Case
Premises-liability cases can become significantly harder to prove as time passes. Surveillance footage may be overwritten. A spill may be cleaned immediately. A broken stair may be repaired. Employees and witnesses may forget what they observed. If circumstances permit after an accident, useful steps can include:
- Photographing the exact condition that caused the fall. Take both close-up photographs and wider photographs showing its location.
- Reporting the incident. Report the fall to the business, landlord, property manager, or other responsible party and obtain a copy of any incident report if available.
- Identifying witnesses. Obtain names and contact information from anyone who saw the fall or saw the dangerous condition beforehand.
- Preserving physical evidence. Keep the shoes and clothing you were wearing and avoid altering items that may later become relevant.
- Obtaining appropriate medical care. Medical records created shortly after the incident can help document both the injury and its connection to the fall.
- Avoiding unnecessary statements to the insurance company. You should be particularly cautious about giving a recorded statement concerning how the accident occurred before understanding the potential legal significance of your answers.
Comparative Fault Does Not Necessarily Defeat Your Claim
Property owners and their insurers frequently argue that an injured person should have seen the dangerous condition and avoided it. Or, that the injured person was otherwise partially responsible for the fall due to wearing slippery shoes, being distracting by looking at his smartphone, or being under the influence.
That argument does not necessarily eliminate a claim. California follows comparative-fault principles. Depending on the circumstances, responsibility may be divided between the injured person and the property owner. A finding that an injured person was partially responsible therefore does not automatically prevent recovery.
Whether the danger should have been noticed by a reasonable person depends heavily on the circumstances—including lighting, visibility, distractions, the nature of the condition and the reason the injured person was on the property.
Our Experience Handling Slip-and-Fall and Trip-and-Fall Cases
We have handled premises-liability cases through settlement, arbitration and trial.
Our results in slip-and-fall and trip-and-fall matters have included:
- $280,000 jury verdict in a slip-and-fall case against an apartment-building landlord;
- $175,000 settlement in a slip-and-fall case against a major retailer;
- $137,500 settlement in a trip-and-fall injury case;
- $225,000 arbitration award involving an ankle fracture caused by negligently maintained stairs; and
- $125,000 settlement involving a shoulder fracture after a fall involving an improperly covered construction trench.
Is Your Slip-and-Fall Case Worth Pursuing?
Not every fall should result in litigation. When evaluating a potential case, some of the questions we consider include:
How dangerous was the condition?
A minor irregularity may present a different case from a broken staircase, significant spill, concealed hazard or serious maintenance defect.
Can notice be proven?
We look for evidence that the defendant created the condition or knew or should have known about it and could and should have timely repaired it.
How serious are the injuries?
Cases involving fractures, surgery, substantial lost income or lasting physical limitations are generally more practical to pursue than cases involving minor injuries that resolve quickly.
What evidence is available?
Photographs, video, witnesses, prior complaints and maintenance records can substantially affect the strength of a claim.
Is there a viable defendant and source of recovery?
Identifying the parties responsible for maintaining or controlling the property can sometimes require investigation. A candid case evaluation should consider weaknesses as well as strengths. The goal should not be to pursue every possible claim, but to determine whether the available facts and damages justify moving forward.
Discuss Your Slip-and-Fall or Trip-and-Fall Injury With Us
If you suffered a serious injury because of an unsafe condition at a store, apartment building, business, parking area or other property, you are welcome to contact us to have the circumstances reviewed.
When contacting us, it is helpful to provide a brief description of where and how you fell, what condition caused the fall, your injuries and medical treatment, whether photographs or video exist, and whether the incident was reported to the property owner or business.
Also, if you have been recently involved in a slip-and-fall or trip-and-fall injury, be sure to read these five important tips for victims of slip and fall injuries.