Slip and fall accidents can produce devastating injuries. Whether you are dealing with a compound fracture, traumatic brain injury, amputation, spinal cord injury, or other severe medical condition, you may have the right to financial compensation if someone else is responsible.
A Santa Rosa slip and fall lawyer at Nadrich & Cohen can help you analyze the details of your case and explore your legal options. We offer free consultations.
Common Causes of Slip and Fall Accidents in Santa Rosa
Slip and fall accidents can occur in several ways. Many people underestimate the potential severity of slip and fall injuries. However, if your slip and fall injuries have significantly affected your life, you may have the right to hold the liable party accountable.
Your personal injury attorney will need to carefully examine how your slip and fall accident occurred to prove fault. Some of the possible causes of Santa Rosa slip and fall accidents include:
- Wet floors
- Broken or cracked pavement
- Unsecured carpeting
- Broken stairs or ladders
- Improper maintenance
- Debris in a walkway
- Loose flooring
- Poor lighting
- Defective handrails
Liability for Santa Rosa Slip and Fall Injuries
Property owner negligence causes many slip and fall accidents in Santa Rosa. Property owners must maintain the safety and integrity of their property at all times for their invited guests and patrons. When a property owner fails to uphold this duty of care, their actions can cause severe and life-threatening injuries to their guests.
Nadrich & Cohen Accident Injury Lawyers
However, it is important to know that a property owner is not the only party that could share liability for your slip and fall injuries. For example, if a defective handrail caused your injuries, not only could the property owner be held accountable, but the handrail manufacturer, the contractor who installed the handrails, and other third parties could also share fault.
For this reason, your Santa Rosa slip and fall attorney must thoroughly analyze the details and evidence in your case to uncover all culpable parties and explore all possible avenues of compensation.
Property Owner Liability Exclusions You Need to Know
In some cases, property owners may escape liability for a victim’s slip and fall injuries, such as if the injured person was trespassing or committing a crime at the time of their injury.
Property owners only owe a duty of care to invited guests and patrons. The property owner’s duty of care does not apply to someone who is trespassing or should not be at the property owner’s premises.
The property owner may also avoid liability in cases where the dangerous conditions are considered open and obvious. For example, say you were in a restaurant where a patron spilled a beverage. The staff placed a “wet floor” sign near the spill to warn guests of the hazard until they could clean it up.
If you ignored the sign and slipped and fell on the wet floor, you would likely be unable to hold the property owner accountable.
How California Shared Fault Laws Could Impact Your Slip and Fall Claim
It is important to consider how California’s pure comparative negligence laws could impact the outcome of your slip and fall injury claim. Per California Code CIV 3-3-1714, if you are partially responsible for causing your injuries, you can still recover compensation for your damages.
In fact, you could be 99% at fault for your injuries and still receive compensation for the 1% of liability that is not yours. However, sharing fault will impact the outcome of your case. If you are partially at fault for your slip and fall injuries, your injury settlement will be reduced accordingly.
The amount of compensation deducted from your injury settlement will correlate with your percentage of liability. For example, if you were texting on your phone and not paying attention to where you were going when you slipped and fell on broken pavement, the judge might find you 15% at fault for your injuries. If the jury awarded you $1 million for your damages, your injury settlement would be reduced by 15%, leaving you with $850,000.
Statute of Limitations for Slip and Falls in Santa Rosa
If you are interested in pursuing a Santa Rosa slip and fall claim, you must do so before the statute of limitation runs out.
Under California law, personal injury claims, including slip and fall accident cases, have a two-year statute of limitations, per CCP § 335.1. If you do not file your claim before this deadline, you will lose your chance to have your case heard in the Santa Rosa civil courts.
Recoverable Damages in a Santa Rosa Slip and Fall Claim
You have the right to be made whole when someone else is at fault for your injuries. You may be able to receive compensation for both economic and non-economic damages. Some of the possible types of losses you could recover in your Santa Rosa slip and fall claim include:
- Disfigurement and skin scarring
- Diminished quality of life
- Lost wages
- Diminished earning capacity
- Medical expenses
- Property damages
- Loss of household services
- Reputational damages
Get Help from a Santa Rosa Slip and Fall Attorney
When you are ready to bring the liable party to justice and seek compensation for your damages, reach out to Nadrich & Cohen. Our firm is proud to offer no-cost, risk-free consultations to slip and fall accident victims across Santa Rosa and nearby cities.
Claim yours by completing our convenient contact form or calling our office. We can discuss your case’s details and explain how a Santa Rosa slip and fall lawyer from our team can help you.