A slip and fall is one of the most common types of personal injury and also one of the most hotly contested. That is because the party responsible for causing the slip and fall accident will often vehemently argue that the accident victim was at fault for the injury. Some will go even further and try to claim that the slip and fall was staged and claim the supposed victim is actually trying to commit insurance fraud. That can turn a seemingly simple type of personal injury case into a tangled web of competing accusations.
That is why you need an experienced personal injury attorney to represent you if you have suffered a slip and fall. That is why you need the King Law Firm. We have spent years fighting for victims of slip and fall accidents in Oxnard and other parts of California. We do everything in our power to prove that our clients were not at fault for their accident, that their case is legitimate, and that they receive the compensation that they are owed. So if you have been the victim of a slip and fall in Oxnard, do not get pushed around by the guilty party and their lawyers; contact the King Law firm to get the help you need.
The Consequences Of a Slip And Fall
Far from being a minor incident, a slip and fall can have serious consequences to your health and well-being. Some of the problems that can result from a slip and fall include the following:
- Broken Bones
- Sprains and/or Strains
- Concussion
- Cuts and Bruises
- Traumatic Brain Injury
- Dislocation
- Spine and Nerve Damage
As you can see, these problems range from the relatively minor to the debilitating. That is why anyone in Oxnard who has experienced a slip and fall and its repercussions needs to contact the King Law Firm.
Determining Fault in a Slip and Fall Case
In order for someone to be at fault for a slip and fall, it must be proved that they created, or ignored, a dangerous condition that led to the accident. It is also the case that the injured party could not have known about that dangerous condition before experiencing the slip and fall. A dangerous condition can be anything from a slippery floor to an uneven surface to a poorly lit area. In every case of a dangerous condition, it is up to the property owner to identify and rectify the condition to prevent someone from getting hurt.
It needs to be proven that a reasonable person would have recognized the condition as dangerous and that they had the time to fix the situation. Another situation is that the property owner or someone in their employ was at fault for creating the dangerous condition in the first place. The other instance where the property owner would be at fault is if the dangerous condition existed for such a length of time that the owner should have known about it and corrected it. In other words, it must be proven that the owner of the property was negligent or liable for the dangerous condition that caused the slip and fall.
Proving Fault In a Slip and Case
The main aspect of a slip and fall case is proving fault; the victim will want to prove that the property owner was at fault, while the property owner will want to prove that the victim was at fault. As established earlier, the victim and their attorney must prove that the property owner created a dangerous condition, knew about a dangerous condition, or should have known about a dangerous condition.
However, the property owner will try and argue that the victim was partially or completely responsible for the slip and fall. This is called comparative fault and some states have comparative negligence or contributory negligence laws that address this. These laws have an effect on how much compensation the victim will receive. That is why the lawyer of the victim must consider whether they were partially at fault for the accident. They need to know:
- If the victim was distracted and not paying attention when they encountered the dangerous condition
- Whether any warning signs or notices were placed near the dangerous condition and if the victim ignored or did not notice them
- If the victim had permission to legally be on the property. If that is not the case, then did they have a good reason to be on the property.
Comparative Fault In a Slip and Fall Case
If any of these conditions apply to the victim, then they may not be able to receive full compensation for their injuries if they live in a comparative fault state. California happens to be such a state, which means that the victim is eligible for compensation even if they were partially at fault for the accident. This was not always the case as California’s original contributory negligence laws meant that the victim could not receive any compensation if they were even a little at fault for their slip and fall. Fortunately, the California Supreme Court changed that in 1975.
If it is determined that the property owner was completely at fault for the slip and fall accident, then the victim is entitled to 100% of the damages. But if it is decided that the victim was partially at fault, then they are entitled to a portion of the potential damages based on how much they were at fault. In other words, if a judge or jury decides that the victim was 35% at fault for the slip and fall, then they would only collect 65% of the total damages. Yes, determining the percentage of someone’s responsibility is peculiar, but at least it guarantees that the victim will get some compensation for their injury.
The King Law Firm Will Fight For Our Clients
We know how important it is for you to receive compensation for your injuries after a slip and fall. Aside from the medical bills, there are also lost work hours and the wages that go along with them to worry about. Contact the King Law Firm and worry no more. You will be represented by a personal injury attorney who will fight to prove that the property owner is the one who bears all or most of the responsibility for your slip and fall.
So if you suffer a slip and fall, do not hesitate to contact the King Law Firm. The property owner and their attorney will try and blame you for your accident. That is why you need the King Law Firm on your side. We will hold the property owner responsible and fight to get you the compensation that you need and deserve.