Trip and fall accidents are common and often caused by property owners’ negligence. Whether it happens at a store, restaurant, office building, or public sidewalk, if you have experienced damages due to an unexpected hazard, you may have a valid reason to pursue legal action.
This blog discusses five key indicators that can help you determine if you should file a trip and fall accident claim and possible scenarios that may be similar to your situation. While not every fall warrants a lawsuit, you can use these indicators and your free consultation with our San Diego slip and fall accident lawyers to decide if you want to proceed.
1. The Property Owner Should Have Known About the Hazard
One of the most crucial parts of a successful trip and fall claim is establishing that the property owner should have known or did know about the hazard. Property owners have a duty to regularly inspect their properties to identify and address potential hazards before someone is hurt. Some possible scenarios are:
- A broken step that was reported to management but wasn’t repaired
- A spill in a grocery store that wasn’t cleaned timeously
- Uneven pavement that developed slowly but wasn’t fixed before it became an issue
- A poorly lit stairwell that multiple tenants had complained about
2. The Hazard Was Not Obvious
If the hazard that caused your accident is obvious and would have been noticed and avoided by a reasonable person, your claim won’t be viable. If the hazard was not clearly marked, hidden, or difficult to see, your case is stronger. Examples of this scenario can include:
- A slight change in floor level, like a step or slope, with no warning signs
- A hazard concealed in a poorly lit area
- A slippery surface with no cautionary wet floor signs
3. You Suffered Significant Injuries
The extent of your injuries will play a considerable role in determining your claim’s viability. Minor injuries that don’t impact your daily life may not justify legal action. However, if you’ve incurred any of the following substantial damages, your claim will be considered more serious:
- Current and future medical expenses that you have no way to pay
- Lost wages from missed work due to injuries
- Physical therapy and rehabilitation expenses
- Permanent disability or disfigurement affecting your ability to earn an income
- Pain and psychological suffering
4. You Have Evidence
Having solid evidence to support your claim can make or break a trip and fall claim. The more documentation and proof you have, the better your negotiation position will be. When hiring an attorney, they will typically ask several questions that will help them determine whether your evidence is sufficient. These questions may include:
- Did you take photos of the hazard immediately after the incident?
- Did you report the incident to the property owner/manager?
- Did anyone witness your accident, or can they corroborate the existence and placement of the hazard?
- Did you seek medical attention and acquire a health report?
- Do you still have all your bills and medical records?
- Do you still have the shoes and clothes you were wearing in the same condition as the day of the incident?
- Have you kept track of your symptoms and recovery since the accident?
5. You Were Using the Property as Intended
Your actions at the time of the accident will play a significant role in your case. The opposing counsel will ask numerous questions about what you were doing and where you were to prove that you were somehow in the wrong. If they are successful, you will lose a percentage of your compensation due to the comparative negligence laws in California. Some scenarios that may shift the blame to you can include:
- If you were trespassing and had no reason to be there
- If you were distracted, e.g., talking on your phone or texting
- If you were wearing inappropriate footwear for the area you were in
- If you were running in an area where it’s not a reasonable action
- If you were in an area clearly marked for employee use only
Taking the Next Step in Your Trip and Fall Accident Claim
If several of these circumstances apply to your case, you most likely have a valid trip and fall claim that is worth pursuing. These cases can, however, be complex because property owners will typically deny your claims vehemently. There are also strict time limits for filing claims of this nature, making it imperative to seek legal counsel.
Contact HHJ Trial Attorneys for a free consultation to discuss the details of your case. Together, we will evaluate the available evidence and determine if there is enough proof of liability to move forward with a lawsuit.
We will identify liable parties, gather additional evidence, and fight for your compensation, whether through settlement negotiations or in court. Don’t let someone’s negligence permanently affect your life. Let HHJ Trial Attorneys help you get the justice you deserve.
