I Got Injured on Private Property, What Should I Do?
October 27, 2024California premises liability law requires property owners to keep the premises safe and warn visitors about any hazards on the property. Whether it be the result of a wet floor, cracked step, or bunched carpet, it is estimated that floors and flooring materials contribute to over 2 million injuries annually.
If you were the victim of unsafe property conditions, you may be eligible to receive compensation. Our California premises liability lawyers discuss what actions you should take following a slip and fall to preserve your rights.
Proving Negligence in Premises Liability Claims
California Civil Code §1714(a) establishes the elements of negligence that must be established in both personal injury and premises liability cases. To recover compensation in a premises liability claim, the following conditions will need to be present:
- The defendant owned, leased, occupied, or otherwise controlled the premises
- The defendant was negligent in property maintenance
- The defendant’s negligence was a substantial factor in the plaintiff’s injuries
- The plaintiff suffered injuries and other measurable losses
Steps Following a Slip and Fall on Private Property
If you experienced a slip and fall in California, you should take the following steps:
Seek Medical Attention
Before any legal action is taken, your injuries should be examined. Not all injuries are obvious, resulting in symptoms hours or days after a fall. Even if you only have scrapes and bruises, you should seek medical care. Moreover, by seeking medical attention immediately, you reduce the chances of insurance disputing your injuries, preserving your claim.
Report the Accident to the Property Owner, Manager, or Landlord
Once you have tended to your injuries, you should report the accident to the appropriate party responsible for the property. Be sure to ask the owner, manager, or landlord to file a written incident report and ask for a copy of it before leaving the premises.
Collect Evidence
Take pictures of the property defect and your injuries. If you were in a grocery store, take down the names and contact information of any eyewitnesses, and if you can, take down any statements that witnesses are willing to provide regarding the incident. You may need to call on these individuals later to testify at a deposition or at trial.
Decline Communications with Insurance
If a claims adjuster wants to speak with you regarding your slip and fall, decline communications. If you admit fault or say something that hurts your case, the adjuster may be recording your conversation. Once a statement is made, it cannot be undone.
Contact a California Premises Liability Lawyer
Working with a California premises liability lawyer will strengthen your case, permitting you to recover maximum compensation for your slip and fall claim. A premises liability attorney does much more than gather evidence and prepare insurance documentation. Our legal team will negotiate on your behalf to recover the compensation that is rightfully yours. We know the games that insurance adjusters play, and we will not get lured into their trap of providing information that allows them to pin the blame on you.
Advocacy From a California Premises Liability Lawyer
If you have been injured due to a property defect or hazard, our California premises liability lawyers are here to assist you. We understand the grief that comes with slip and fall injuries and will provide you with legal advocacy when you need it most. To learn how the attorneys at Bamieh & De Smeth, PLC can help you, contact us online or by phone. We offer free, no-risk case evaluations to new clients.