San Bernardino Slip and Fall Accident Lawyers
Are you a victim of slip and fall accident in San Bernardino County? While some resulting injuries are minor, these accidents also cause severe injuries every day in the state of California. Many victims do not realize the extent of their rights and don’t pursue legal assistance or compensation. At Estey & Bomberger, LLP, we want you to know your rights and take action wherever necessary.
Statistics: Slip and Fall Accidents
According to the National Flooring Safety Institute, falls are the leading cause of emergency room visits each year. Nationwide, falls comprise more than 8 million emergency room visits overall, making them the leading cause of visits, or 21.3 percent. They are also the leading cause of worker’s compensation claims. Over 2 million fall injuries are direct results of poorly maintained floors and flooring materials.
Roughly 85 percent of all fractures among the elderly are due to falls. These falls cause countless spinal cord and brain injuries, and 50 percent of these adults cannot live independently after the accident takes place, especially after a hip injury.
Years of research, based on claims data, have revealed the five most common causes of slips, trips, and falls:
• Poor walking surfaces
• Fraud
• Hazard identification
• Training
• Footwear
Of course, there are other causes, but we have identified these as the highest number. Slips, trips, and falls occur in a number of places, including walkways such as sidewalks and elevators. The homes of neighbors, friends, and family members are also a major place where these accidents happen. Gyms, pools, and public restrooms, as well as places of employment, stairs, and restaurants have all proven to pose hazards.
A slip and fall accident may happen to anyone who’s in the wrong place at the wrong time. All it takes is a spilled drink in a grocery store, a broken staircase, or an uneven sidewalk… the circumstances leading to a premises liability accident are unfortunately common.
What Is Premises Liability?
The owner of the property on which you fell is often the liable party. Additionally, if you fell on a public surface, you are entitled to pursue premises liability compensation with the help of a lawyer. Many states – including California – have a property maintenance code in place. This code requires landowners to keep their property well maintained and free of hazards, preventing them from posing unreasonable risks to those visiting the property. These laws don’t only pertain to homeowners; they also hold business owners responsible.
Property owners must keep passageways, aisles, and floors clear and free of hazards. Hazards might include liquids, foreign substances, unsafe property conditions, construction site debris, and others. Damages to the victim include physical suffering, emotional trauma, lost wages, and medical expenses, including both emergency care and physical therapy.
The term “premises liability” refers to the idea that all property owners must take reasonable care of their grounds. However, property owners aren’t automatically liable for an injury that occurs on their property. For victims to have legal grounds for a suit, they must prove the owner knew about an unsafe condition on the property, and that he or she failed to rectify it.
Premises liability also applies to more than just slips and falls. For example, homeowners might be responsible for a swimming pool injury if they neglected to maintain their fencing. Similarly, dog owners might be responsible for damages if their pet bites someone walking by their property without provocation. Other examples of premises liability include campus accidents and incidents arising from inadequate security.
I Slipped and Fell – Now What?
If you sustained injury in a slip and fall accident, take the following steps to protect your claim:
- If injured in a public place, ask an employee of the location to fill out an incident report. This could prove invaluable to your case later.
- Collect evidence. If you can, take pictures of the defect that led to your injury. This is essential because some conditions, such as a wet or greasy floor, may disappear if you wait to document it. Likewise, property owners may have time to fix what caused your injury if you fail to take pictures in the moment.
- See a doctor. Even if you feel your injuries are minor, go to your doctor’s office for testing and an official record. Keep in mind that some injuries don’t fully manifest for days after an accident. It’s best to rule out any serious head, neck, back, or internal injuries.
Premises Liability Lawyers in San Bernardino
At Estey & Bomberger, LLP we can help you navigate the complex world of injury liability. For instance, while footwear is a major contributing factor to many slips and falls, this does not necessarily indicate the victim is at fault. Consider a 5-star restaurant, which should reasonably expect female patrons will wear high heels. This business would be liable if it didn’t protect against impairments. Always consult with a San Bernardino slip and fall attorney, even if you believe you are at fault or have an accident claim. We’re happy to help.
Once you’re on the mend, talk to a premises liability attorney about your legal options. Unsafe premises are unfortunately uncommon in San Bernardino, and you deserve compensation for your injuries. At Etsey Bomberger, LLP we proudly offer a free, no-obligation consultation so you can review your legal options. This means you can hear our professional advice without paying any money to our firm. To schedule a free case evaluation today, please contact us at Estey & Bomberger, LLP today! (909) 882-2016