Slip And Fall Attorney for Cases In L.A.
Do You Need A Neary Slip, Trip, And Fall Attorney For a Bad Wrist, Head Or Knee Injury from a Bad Spill, Crack, or Defect?
Did you fall on a slippery floor of the mall or shopping store? Or perhaps you stumbled on a poorly built, misleveled, or broken sidewalk? Or maybe you tripped on an uneven boardwalk, or nail heads at the Redondo Beach, or Huntington pier? In any event, you may have the right to money for your fall.
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The fall can cause severe bodily injuries, and fixing them can cost you financially, big time. But misleveled sidewalks and beach boardwalks are just part of this nasty problem. As will be discussed, slip and fall injury attorneys help people in a vast array of falling accidents caused by many scenarios.
Most of all, it is a good thing if you have visited the hospital. In fact, getting everything fixed straight away shows you are serious about your health. But what about the money that you have spent on your treatment?
So why should you end up paying for medical bills caused by someone’s negligence? You shouldn't. And Ehline Law Firm has helped happy consumers get a ton of money for their causes. Now you can read about the Ehline difference.
Where Are The Most Common Places People Slip And Fall In Los Angeles?
Common locations in LA, like most cities where people slip, trip, and fall are:
- Grocery Stores
- Fast Food Joints
- City and private sidewalks
- Public Parks
- Construction Sites
- Amusement Parks
What About the Duties and Responsibilities of Land Owners?
First of all, under the eggshell skull theory (click here), you take your victim as you find him. What that means is people at particular risk for broken bones, etc., get fully paid regardless of their frailties.
Who is at particular risk for trip and fall injuries?
- Elderly (in particular, elders can suffer a fatality or permanent disability from a bad fall.)
- Cancer Patients.
- People with blood clotting issues.
- Female gender who are more at risk for Osteoporosis.
- If a bodybuilder falls and doesn't get hurt, that doesn't mean your grandma, who broke her neck and knee after falling, won't get paid. Is this making sense so far?
Slip and fall accidents are some of the most common types of accidents that take place when the property owners are not able to take their responsibilities as they should.
- If their irresponsible behavior has caused injuries to someone, Ehline Law makes sure that they compensate the victim for the loss.
Medical bills usually make up the most significant loss in an injury case. We urge the citizens of Los Angeles to consult with an experienced lawyer no matter how small the accident seems to an observer. A little accident today could result in big injuries tomorrow.
So if the property owner is not made to compensate, your damages could grow. The legal action that you take today guarantees the safety of many in the future.
However, you have to make sure that you get in touch with only the right people who understand the law prevailing in California about slip and fall cases.
Furthermore, it is not always easy to prove a trip, slip, and fall case as negligence from the property owner’s side.
How Could A Homeowner Be Sued For A Slip And Fall?
As a homeowner, you expect to take care of your building. Above everything, you have to make sure that your premises are safe for anyone coming into it. If there is anything that looks unsafe and hazardous, you have to make sure to get rid of it.
You could make your inside of the house unsafe for visitors by your actions or by being inactive about some situation. Let's say; there was a rug on your floor that became folded at one corner, sticking out like a bump. If someone tripped on it and incurred injuries, you will get blamed for the accident. But the visiting or victim has to prove that you could have done something about the unsafe situation in your house.
You could have gotten rid of it. Sometimes you could become sued for taking an action that leads to an accident.
- You are soaping the floor to clean it.
- But you have not put up any signs to warn the visitors of the wet floor.
- If someone falls on this wet floor, they could easily file a case against you to receive compensation.
Many people are injured in slip and fall accidents across the country each year. Some take place at their house or place of residence, while others happen at properties owned or maintained by others.
The Broad Range of Trip, Slip or Fall Causes and Effects.
The injuries can range from small bruises to broken bones, as after a fall down a flight of stairs or a large ramp. These falls can happen for many reasons, including wet floors, uneven pavement, or improper signage. There are different reasons for falls and varying levels of personal liability and responsibility following such incidents.
Do Property Owners Owe You a Duty To Keep You From Slipping?
In all cases, owners or maintainers of property must keep it safe and accessible. And this is especially the case when dealing with public spaces, such as apartment buildings, parks, or places of business.
When faced with an injury caused by a slip, trip, or fall, there are several important factors to look at to see if the property owner or manager is liable for the event and the resulting injuries.
Beware Slippery And Misleveled Surfaces.
These can include factors such as allowing a slippery surface, floor injury, or obstruction to be in place. Also, this could also be the case if the owner knew or should have known about a dangerous situation and did not take action to remedy it as a "reasonable" person would have.
Many cases are decided by judges that determine that such a situation was caused by a lack of common sense and whether or not the owner or manager reasonably maintained the space.
Slip and fall accidents are the number one most common out of the top five most common accidents in Los Angeles. In fact, nationwide, they remain a very typical mishap suffered by people on foot, young and aged alike. Of course, only reported numbers are available. Most likely, many more cases of people falling exist. For example, when someone slips and trips at a party, or stumbles upon a misleveled sidewalk, they don't always report their mishap. What we do know is California had at least 768,536 reported slip and fall cases. Wow. That's a lot.
Nationwide, falls account for over 8 million hospital emergency room visits, representing the leading cause of visits (21.3%). Slips and falls account for over 1 million visits or 12% of total falls. (Source.)
Leading Cause of Sick Days
In fact, these events are the single most significant reason for sick days from employment. So how do these accidents arise? Typically, a person walking on foot will get his or her foot stuck on an elevated surface, such as a raised ridge on a sidewalk. But we have all heard the stories or seen the cartoons of people slipping on banana peels. The bottom line, when people are caused to lose their footing, they trip or slip and fall to the ground.
But there are also other causes such as greasy or wet parking structure floors with poor lighting. If people can't see that puddle of grease or standing water from a leak, they go down hard. Often, this results in a fractured wrist, ankle, or arm. But head injuries and dislocated shoulders and hips remain ordinary trip, slip and fall injuries.
Proving fault in a slip and fall case is governed by the law of negligence, as discussed above. So unless there is a significant public policy exception such as injuries inherent in sports, or recreation, a potential defendant exists.
Civil Code section 1714(a) provides in part:
“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”
So unless the person who fell on the public sidewalk drank beforehand, or fell for their own fault, defendants like the city, county, or state may exist. Tree roots that cause cracks with ridges greater than 1 inch are not trivial defects, and if you can show notifications, you can sue the agency in question. Lack of ordinary care is usually the cause of unfortunate accidents like this. Equally, if you can show constructive or actual notice of a slippery substance that caused your fall at a restaurant or grocery store, you can sue the parent company.
Legal Duty of Due Care
So, in this case, the slip and fall lawyer needs to prove that the defendant had a legal duty of due care. They breached that legal duty. So long as the violation was the proximate or legal cause of the injury, the case can withstand summary judgment and move to trial. As noted above, failing to correct the dangerous condition triggers a duty to act. So the best thing is to get a slip and fall lawyer to examine the evidence to see if the property owner should have corrected the condition.
As discussed, sidewalks remain a real challenge. But Los Angeles is responsible for fixing, blocking, warning, and diverting foot traffic when it knows of dangerous pathways. So they are in a real pickle. In fact, ABC News recently reported that:
The Los Angeles City Council approved Wednesday a $1.4-billion plan to repair a backlog of damaged sidewalks.The program calls for the city to repair 11,000 miles of sidewalks over the next 30 years, at the cost of about $30 million each year.
Incidentally, you can see that disability advocates helped make this possible, as seen in the above video.
Were You Or A Loved One Struck And Hurt By A Moving Or Falling Object?
Not all slip and fall cases place us at risk for death. But falling objects are the number two cause of injury in Los Angeles. Noteworthy here is that these cause severe brain injuries and wrongful death. Examples of falling objects include falling overhead luggage on a bus, train, or plane. But they can also add a rock slide on Malibu Canyon Road, or PCH near Santa Monica.
Since many of the defendants above remain common carriers with a special duty to travelers, they are particularly at risk for a lawsuit. Contact a personal injury lawyer who helps with falling object cases after medical stabilization.
Proving fault in a falling object case uses the same formula. Was there a duty to make sure safety standards existed to obviate the reason for the object falling? Determine the cause of the injury. Because if it was, you could sue. But get hold of a falling object injury lawyer to learn how.
What Does Reasonable Care And Maintenance Of Sidewalks Mean?
While there could be a different definition of reasonable care to various courts of law, they all fall under the same set of circumstances.
These can include cases where the owner or manager allowed:
- Broken, bunched up, or ripped up sections of flooring or the ground.
- Wet or otherwise slippery conditions on the ground.
- Out of place objects in the field, resulting in trip hazards.
- Lack of signs or barriers to keep people out of a potentially dangerous area.
- A lack of maintenance on the property. Also, this includes cleaning and fixing adverse conditions. But this could include poor lighting that made it difficult to navigate the area.
- Lack of warning or repeated incidents of similar fashion that could have led to the incident at hand.
If any of these factors sound familiar, you may be eligible to claim damages in court. However, the court will also weigh other factors, including those of your possible carelessness.
Any insurance company or judge will also look at other factors. These factors include whether or not you should have been in a dangerous area. Also, they look at whether you had ample warning of the potential danger. In fact, you may have had a lack of awareness of circumstances. There may have been a distraction or dangerous activity that could have contributed to the incident.
Winning An Injury Case Means Understanding The Scope Of Liability.
It all depends on the negligence of the homeowner. It is also possible that someone slips and falls in your house but still is not able to sue you for the accident. And even if the home's owner gets sued, he or she could survive the ordeal without having to pay anything in the settlement.
Your burden as a victim is to prove the owner or manager of the property was aware of the dangerous condition that caused the accident, or was even in the process of taking care of it without roping it off, for example. And if proved to be negligent, there is a high chance the defendant will end up losing the case. So, in that case, the owners or their insurance companies may end up offering a settlement amount to the victim.
What Hurdles Do Homeowners Face?
When there are a significant slip and fall case, the homeowner can get into a lot of trouble and face many hurdles. If the defendant loses, their Homeowner's insurance company may have to pay the enormous settlement amount. And depending on the injuries, expenses, and agony, the victim has gone through; it can be a lot. Why is that? First of all, the highest costs of settlement money are medical expenses.
When a person's injured and hospitalized, they receive medical care depending on their state of health. And their stay in the hospital, along with treatment, medication, and any long-term care could amount to a considerable total.
And it does not matter whether the victim had individual insurance. If a homeowner's proved to be negligent in his/her conduct, the settlement money has to see payment. The victim can also claim reimbursement and compensation for the amount of pain.
- Pain and trauma a factor? Yes. If the victim has gone through severe mental trauma and physical pain, the compensation amount could rise. Doctor's reports of physical injuries and illness can help the victim a great deal in receiving an enormous settlement amount.
In addition to the injuries and pain, there are other types of damages that victims incur in such accidents. Most importantly, they lose their income because they cannot go on their job for as long as they are in bed.
The longer the wait, the higher the compensation amount would be. Sometimes, the victim might receive permanent damages. And that could result in a permanent loss of income.
Last and the worst is when the victim dies. It is a case of wrongful death, and here the compensation's received by the beneficiaries of the dead. These could be vast sums of money.
Getting The Right Homeowner's Insurance.
If you research online or search in the market, you will find out that homeowner's insurance is available on many different levels. Not all of them are the same, and not all of them cover you entirely. It is best to invest in paying more premiums every month than to pay a massive sum of money out of your pocket for a settlement amount that exceeds your coverage.
This amount is very much possible when you don't have adequate insurance in place. When a victim sues, a personal injury lawyer fights the case with vigilance. So that way, defendants could end up with a considerable compensation amount to pay.
Make sure you ask all the essential questions from your insurance carriers. Do so before starting your premiums or signing up for the insurance policy. Furthermore, be watchful of the conditions in your house when you are inviting people. Gatherings and special occasions are the most sensitive times when such accidents can take place.
What are Some Slip, Trip, and Fall Accident Statistics?
Did you know that more than a million people in the U.S. were treated in hospitals last year for tripping and falling injuries? Did you know that one out of five falls results in broken bones or a head injury?
In fact, tripping and falling account for:
- Over 800,000 hospitalized patients, mostly with hip fractures or head injuries
- Most brain injuries
- 95% of hip fractures (usually from a sideways fall)
- $50 billion in medical expenses that are mostly funded by Medicare and Medicaid (by 75%) (Source.)
Seeing these statistics, one can see why property owners should take sufficient measures to obviate the risks of these mishaps.
Avoiding Risks Means Making Inspections?
Yes. Absolutely. A simple inspection from time to time can make sure the property is safe from a fall risk. If there is a problem, the landlord can rope off a hazardous area and repair or replace things as needed.
What About Los Angeles Sidewalk Injuries?
Sidewalk injuries are nothing to sneeze at.
- According to the LA Times, they cost the city and pedestrians millions each year.
- The city consistently allowed these sidewalks’ deterioration.
- They simply sat back and did nothing.
This includes several common causes of injury, including:
- Falls off of bicycles.
- Wheelchair injuries.
- Trips and falls.
- Stroller accidents.
Each of these types of accidents is serious and can lead to some common injuries. These often include soft tissue damage, concussion, lacerations, and more. Each one could land a person out of work or seriously change their life.
You don't imagine things. Los Angeles' sidewalks are often that bad. Outside observers consistently rate the City of Angels' system among the worst in the country. And they keep getting worse. There's not much that can be done, say the city leaders.
The municipality's taken bad grades for its management. The sidewalks are very handicapped unsafe. They are also dotted with thousands of slip, trip, and fall hazards. These include upended concrete and tree roots, and more. There's just no way around it.
How Did L.A. Sidewalks Get So Bad?
The LA Times had a piece on the sidewalk situation. In it, the paper delved into the myriad problems facing the city's system. The city pledged $1.4 billion over 30 years to fix the issues, but it seems too little too late. There are 10,000 miles of sidewalks across the metro area, and there's no firm register of all of them. For all the money the city collects and claims it puts into infrastructure, the results talk for themselves. In many areas, the city's means are not enough.
Even in all of its spending, high personnel cost and poor maintenance each play a role. The city also has a severe issue for disabled and elderly residents. LA was designed as a car-oriented town. And it remains so. The LA Times estimates that there are 2,500 miles of sidewalks needing repairs. The city also had to pay out $8.3 million for settlements and complaints.
For years there was no funding for sidewalk repairs at all!
What About Negligence And Government Oversight?
NBC reported that the city refused to pay out for settlements involving sidewalk injuries. Furthermore, the city is at fault. However, it won't pay for any of it. This refusal to pay includes some sidewalks the city knew were dangerous.
Among the most common causes of such sidewalk injuries are:
- Tree roots and branches.
- Lack of handicapped access.
- Ill-repaired or designed sidewalks.
- Cracks and outer edges.
Each of these is a unique issue that the city ignored over the years. Here's an opportunity for the city and residents to work together for the common good.
Since it appears the city's response is lacking, there's something else we can do. We each have a role in it. The Ehline Law Firm Personal Injury Attorneys, APLC is a leading public and pedestrian law firm. We work for our clients and the general public. Furthermore, if you have any questions, please contact us.
Keep reading this site for updates and more info on the LA sidewalk situation.
What About Compensation In Slip & Falls?
- Eventually, you could never get the compensation for the expensive medical bills that you have afforded from your pocket or insurance money.
That’s when the experienced and expert Ehline Law lawyers step in. As a matter of fact, we make sure you don’t get dodged by the offending party.
So we work hard to assure you receive every penny and more. After all, that is what you spent on your treatment for something due to someone else’s fault.
How Can You File A Government Claim For A Sidewalk Injury?
You can file a claim with the City Clerk’s Office. However, doing so without speaking to a skilled attorney is not advisable. Here is a chance to talk to a specialized expert in the field.
Does Ehline Law Firm Handle Ice Dispenser Machine Slip & Fall Injuries?
Sadly, slip and trip injuries are some of the most common in the country today. Such accidents affect thousands every year. And they can lead to severe medical issues. Many types of these incidents happen due to liquid leaking on the ground. They are not uncommon in places such as supermarkets and apartment complexes.
Ice Machines And Slips, Trips & Falls - The Catastrophe You Never Expected.
There are times when injuries can be more severe. Especially when the person is not expecting such a hazard. This fact rings truer when the property owner or manager of the wet area did not correctly warn guests and visitors about such a possibility. Such can be the case when dealing with water coming out of ice machines at hotels or motels, for example.
These machines are common in many places, especially in areas where slip hazards would not become publicized.
Such machines often found in:
- Liquor Stores like 7-11.™
- Hotel lobbies.
- Gas stations.
Altogether, the amount of ice that any one machine can produce in a day is staggering.
Slippery Surfaces And Ice Machines Don't Mix.
Unfortunately, some of that ice will likely fall or drop onto the floor. Quickly melting and partially evaporating ice means slippery water on the ground. Constant ice and water issues in a common area may lead to establishments not having carpeting down pat anymore.
This creates a clumped area of carpet that catches on toes and shoes, grabbing one's appendages, causing a loss of balance. Or there may be no carpet at all. Liquid on slick tile or vinyl flooring with a very low coefficient of friction can result in a significant trip hazard.
Malfunctioning Ice Machines Also Present Risks Of Slipping And Falling.
Slip and fall hazards due to ice machines can also be due to malfunctions. A restaurant could have proper signage to warn customers about the possibility of falling due to ice on the floor. But for example, the machine can break down.
Such a broken machine could cause a large amount of ice to fall onto the floor. Or ice may fly out of the bottom directly into a walking area. Or melted ice could spill everywhere. If this is the case, the company that made the ice machine and/or those that were responsible for maintaining it could be held accountable.
Retain a Legal Whiz To Win Your Ice Machine Slip and Fall Case.
If you or a loved one's involved in an ice machine slip and trip accident, you may have legal options. An attorney specialized in such injuries can assist you in paying for your medical bills and pain and suffering. Ehline Law's experienced legal whizzes have won many similar cases in the past. Allowing the accident victim to rebuild their lives is what we do best.
What Are Some Types of Compensation Available to Victims of Slip and Fall Cases?
- The medical expense.
- Pain that you have gone through due to the injury.
- Income that you have lost because you were not able to work with the injury.
If you or someone you know has suffered injuries due to slip and fall, get in touch with Ehline Law today. That way we can provide you first free consultation on your case and see how we can arrange the compensation for you. Plus, we have been doing this for decades and have recovered millions of dollars already due to the diligent works of our attorneys. Get in touch with us now and empower the law at (213) 596-9642.