A slip and fall accident can happen in just seconds, but the consequences may last for months or even years. Broken bones, traumatic brain injuries, spinal cord damage, and chronic pain can make it difficult to work, care for your family, or enjoy everyday life. When your injuries were caused by a negligent property owner, you should not have to bear the financial burden alone.
At Frank Penney Injury Lawyers, our Sacramento slip and fall lawyers fight to hold negligent property owners, businesses, landlords, and government agencies accountable for unsafe conditions. Whether you fell inside a grocery store, a parking garage, or even a public sidewalk, our expert team of attorneys are prepared to investigate your case and pursue the maximum compensation available under California law.
Call us at 888-888-0566 or by filling out our online contact form today to schedule your free case consultation.
Why Slip and Fall Accidents Happen in Sacramento
In accordance with California law, property owners have a legal duty to maintain reasonably safe premises for visitors. When they fail to repair hazards, clean spills, provide adequate lighting, or warn guests of dangerous conditions, they may be held liable for resulting injuries because they have to provide all of their guests with a duty of care and ensure the safety of their well-being.
Sacramento's combination of busy commercial centers, historic districts, and rapidly growing residential communities creates numerous situations where dangerous property conditions can lead to serious injuries. While some sudden incidents can happen at a moment’s notice, the National Safety Council reveals that most slip and falls accidents are preventable and it is up to the property owner to ensure all proper measures are set.
Where Slip and Fall Accidents Frequently Occur in Sacramento
While slip and fall accidents can happen anywhere In Sacramento, our attorneys regularly see premises liability accidents occurring in busy areas such as:
Downtown Sacramento
Midtown Sacramento
Old Sacramento Waterfront
Arden Fair Mall
Natomas shopping centers
Land Park businesses
East Sacramento neighborhoods
Elk Grove retail centers
Rancho Cordova commercial properties
Citrus Heights shopping districts
Folsom commercial development
California Premises Liability Law
California law generally holds property owners responsible for maintaining reasonably safe premises. Under California Civil Code § 1714, individuals and businesses must exercise ordinary care in managing their property to prevent foreseeable injuries to others. To successfully recover compensation in a slip and fall claim, your attorney generally must establish that:
The defendant owned, leased, occupied, or controlled the property.
A dangerous condition existed.
The owner knew or reasonably should have known about the hazard.
They failed to repair the condition or provide adequate warning.
That negligence directly caused your injuries.
It is important to note that because someone falls does not automatically make the property owner liable, as any acts of clumsiness does not constitute negligence. However, when negligence contributes to an accident, injured victims may have the right to pursue compensation.
What If Your Slip and Fall Happened on Government Property?
Slip and fall accidents sometimes occur on government-owned property like at government buildings, parks, libraries, courthouses, and public sidewalks. When that happens any claims against public entities have to follow different legal procedures in order to ensure the legal claim is effectively processed.
California Government Code §§ 830–835 outlines when a dangerous condition of public property may create liability and because these cases involve strict procedural requirements, it is important to speak with an attorney as soon as possible.
Common Slip and Fall Injuries
Although many people assume slip and fall accidents only result in bruises, they often cause catastrophic injuries requiring extensive medical treatment. For instance, some of the most common injuries include head injuries, neck and back injuries, hip fractures, torn ligaments, and even shoulder injuries. According to the U.S Center for Disease Controls (CDC), older adults are particularly vulnerable to severe health complications following a fall, but people of any age can suffer life-changing injuries.
What Should You Do After a Slip and Fall Accident?
The steps you take immediately after an accident can have a significant impact on your claim. While it is understandable to feel shaken up and prioritize your health, it is recommended to try to do any of the following things:
Photograph the hazardous condition.
Preserve the shoes and clothing you were wearing.
Obtain witness information.
Request a copy of any incident report.
Avoid giving recorded statements to insurance companies.
Depending on the nature and severity of the accident, many dangerous conditions are repaired shortly after an accident, making early investigation critical.
Can You Still Recover Compensation If You Were Partially at Fault?
While slip and fall victims are rarely at-fault for causing the accident in question, but in the rare circumstances that does happen, it does not automatically mean they are barred from recovering anything. California follows a pure comparative negligence system, which means any accident victim who is partially responsible for causing the accident in question can recover compensation, however, a portion of their total recovered sum will be subtracted by their percentage of fault.
For example, if an accident victim was 20% responsible for causing an accident and was awarded $100,000, then their total awarded sum will be $80,000. While this law was designed to ensure everyone involved in an accident is held accountable for their negligence, Insurance companies frequently attempt to exaggerate an injured person's responsibility to reduce payouts.
How Insurance Companies Try to Minimize Slip and Fall Claims
Due to the state’s stance on liability, Insurance adjusters often try to reduce the value of your claim in an attempt to lower how much the insurance company has to pay out. As such, insurance adjusters begin investigating immediately after an accident. While they may appear helpful, they are looking for any small details that can devalue your claim.
For instance, they may try to argue that the hazard was "open and obvious", you were distracted, or even question the severity of your injuries. Additionally, insurance adjusters may try to offer you a settlement before you fully understand the full extent of your injuries. It is important that you don’t because accepting an early settlement could leave you responsible for future medical bills and other expenses that arise later.
Who May Be Liable for a Sacramento Slip and Fall Accident?
In a slip and fall accident, liability will depend on who owned, controlled, or maintained the property where the accident occurred. In some cases, multiple parties may share responsibility, for example, some potentially liable parties may include:
Commercial property owners
Retail stores
Grocery stores
Restaurants
Hotels
Apartment complex owners
Property management companies
Landlords
Homeowners
Maintenance companies
Cleaning contractors
Government entities responsible for public property
As slip and fall accidents can happen anywhere, trying to find the property owner or manager may prove to be more difficult than some people expect. If there is any confusion or doubt regarding who is liable, speaking to an experienced personal injury lawyer about the situation can help shed some light regarding the situation.
How Long Do You Have to File a Slip and Fall Lawsuit in California?
In most cases, California Code of Civil Procedure 335.1 gives injured victims two years from the date of the accident to file a personal injury lawsuit, including slip and falls. However, there are important exceptions. For example, if your fall occurred on property owned or maintained by a city, county, or state agency, you may need to file a government claim within six months of the incident as per California Government Code 911.2.
However, no matter what kind of claim you have, waiting too long can result in lost evidence and missed legal deadlines. Should you miss the deadline, you automatically waive your right to file a claim and recover compensation for any damages. With that in mind, speaking with an attorney early gives you the best opportunity to protect your rights.
Do I Need a Lawyer for a Slip and Fall Claim?
While you are not legally required to hire an attorney, having experienced legal representation can significantly improve your ability to recover fair compensation. Insurance companies often dispute liability or argue that the injured person was responsible for the accident. A lawyer can investigate the claim, gather evidence, negotiate with insurers, and, if necessary, represent you in court.
Speak With a Sacramento Slip and Fall Lawyer Today
A serious slip and fall accident can potentially leave you with serious injuries that can place your future on hold. If you or a loved one were after slipping or tripping on dangerous property in Sacramento, an experienced personal injury lawyer can help get you the justice and compensation you rightfully deserve.
At Frank Penney Injury Lawyers, our Sacramento team of injury lawyers understand how impactful a slip and fall accident can be and are committed to provide their clients the legal guidance they need. With over 30 years of experience, our team has recovered $1 billion in financial compensation for our clients and will continue to help people who need legal representation.
Call us at 888-888-0566 or by filling out our online contact form today to schedule your free case consultation.