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3 Slip and Fall Prevention Tips For Property Owners

Whether you own a business or a residence, as a Los Angeles property owner, you are liable for maintaining a

Whether you own a business or a residence, as a Los Angeles property owner, you are liable for maintaining a safe environment for people who are lawfully visiting your property. Maintaining a safe environment includes preventing slip and fall accidents.  You are responsible for regularly assessing the structures, sidewalks, parking lots, and land you own for possible hazards.

If a hazard is identified, you must make a reasonable effort to restore the safety of your property. Otherwise, someone who slips and falls could contact a Los Angeles personal injury attorney and slap you as the property owner with a premises liability lawsuit that costs tens of thousands, if not millions, in legal fees, settlements, or damage awards.

Find out what you can do to decrease the likelihood of pedestrians injuring themselves on your property.

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Set aside funds for sidewalk and parking lot repairs.

Slip and fall accidents on sidewalks are surprisingly commonplace — even in places like Los Angeles, where ice and snow removal isn’t a factor. Cracked, uneven sidewalks are a preventable tripping hazard.

City officials used to set aside money for the maintenance of our sidewalks, but started taking their chances after the 2008 recession, when funds became tight. In the end, they wound up paying far more on damage control than they would have paid in preventative measures.

It took a lawsuit filed by attorneys on behalf of the disabled and over $6 million in trip-and-fall payouts in less than four years to finally prompt Los Angeles leaders to take action. City Council has pledged $1.3 billion to cover repairs of 40% of all publicly-owned LA sidewalks.

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If you own a business, train your employees.

A workplace environment is always changing. However, failure to adequately train employees on how to recognize and repair fall hazards is a major cause of property owner liability in slip and fall accident cases. You should instruct all employees to wear shoes that are compatible with flooring surfaces in their work areas.

Smart employers implement regular safety inspection checklists and outline the procedures for rectifying spills or damage. The Occupational Safety and Hazard Administration (OSHA) run by the U.S. Department of Labor is a good starting point for developing a structured program that limits liability.

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If you are a homeowner, ask for proof of insurance for all day laborers.

While plausible, it’s a rare scenario for a friend or relative to visit, sustain a fall that leads to serious injury, and then file a premises liability lawsuit. Most of the time, these incidents are resolved without the courts getting involved.

One of the more common scenarios is the homeowner who hires a day laborer, but fails to ask for proof of insurance before work commences on the property. Roofers, carpenters, landscapers, dry wall contractors, painters, house cleaners, plumbers, electricians, movers, tree trimmers, and other workers can sue the homeowner if they suffer a fall and do not have adequate insurance through their employers.

Ask to see a Certificate of Liability Insurance, and then call the agent listed on the card to verify that the insurance has not expired. Check to see that the business is a member of the Better Business Bureau, which means they have met licensing, bonding, and insurance standards.

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Need a Los Angeles slip and fall lawyer?

If you have have questions about your legal rights in the wake of a fall on someone else’s property, contact the Salamati Law Firm today for a free case review. The experienced Los Angeles slip and fall lawyers at our firm have helped plaintiffs recover just compensation when property owner negligence has been a factor. Contact us for a complimentary case evaluation today.

Additional “slip and fall accident prevention” resources:

1. LA Times – L.A. Agrees To Spend $1.3 Billion To Fix Sidewalks In ADA Case, http://www.latimes.com/local/lanow/la-me-ln-lawsuit-broken-sidewalks-20150331-story.html#page=1
2. OSHA – Slips, Trips, Falls Training Material, https://www.osha.gov/dte/grant_materials/fy06/46e0-ht10-06.html
3. Net Quote – How to ensure your contractor is bonded and insured, http://www.netquote.com/home-insurance/bonded-and-insured-contractors

Top 6 Causes of Sidewalk Trip and Fall Injuries

There are many possible causes for a sidewalk trip and fall, but the liability often lands squarely on the property

There are many possible causes for a sidewalk trip and fall, but the liability often lands squarely on the property owners’ shoulders. A slip and fall lawyer in Los Angeles can help you make that determination.

The City of Los Angeles has battled sidewalk liability issues over the last decade. They’ve faced lawsuits waged by the people behind the Americans With Disabilities Act. They were sued by activists opposing the Glendale-Hyperion Bridge design. City officials agreed to invest $1.3 billion to fix the 40% of its sidewalks that were in desperate need of repair. Over a four-year period, they paid out more than $6 million in trip and fall lawsuit payouts, according to the city attorney’s office.

Six causes of sidewalk trip and fall accidents

1. Weather Conditions – Though property owners are legally obligated to clear any public paths they own, it can be difficult to prove these cases without photographic evidence taken at the time of injury. There are many defenses a person can raise as to making a “reasonable effort” to clear hazards caused by weather conditions. Proper drainage should be installed to prevent water buildup on the sidewalks.
2. Uneven Surfaces – As little as 1/4-1/2” can catch a pedestrian’s shoe. Uneven sidewalks typically occur when base materials shift, causing part of the cement to shift – or when tree branches push up underneath.
3. Surface Damage – Bumps, potholes, deep cracks, and loose gravel pieces are a leading cause of tripping. Defendants often try to minimize cosmetic damage to the sidewalk, calling it “too insignificant” to cause a person to trip. That’s when it’s very handy to have an aggressive legal team backing your claim!
4. Pedestrian Inattention –Texting or using a cell phone while walking, being preoccupied with a leashed dog or child, drinking and walking, fiddling with an MP3 player, horsing around with a friend, or generally not watching where you’re walking can place some of the liability onto you. Sometimes pedestrians are accused of wearing “improper footwear” for the conditions or the activity.
5. Dangerous Walking Conditions – In rare instances, property owners have placed some type of obstacle on the sidewalk that causes a person to trip and fall – be it a construction cone, a bicycle, children’s toys, signage, work tools, garbage, or some other type of debris.
6. Improper Sidewalk Design – Another rare argument made in court is that the sidewalk was poorly designed. Sidewalks can be too narrow, in areas overgrown by trees and vegetation, poorly lit, made with insufficient materials, poorly leveled, or not cured all the way. Sometimes sidewalks were built to code many years ago, but the codes have changed and they no longer comply.

Who is liable in a sidewalk trip and fall incident?

Sometimes a true accident occurs, and no one is at fault. However, there are several scenarios where negligence directly causes or contributes to a trip and fall accident. Liable parties may include:

• Property Owners – Homeowners are responsible for keeping a level sidewalk and repairing any known damage to the surface. Most of the time, it is presumed the homeowner should know about the damage by inspecting his or her property on a regular basis. A reasonable person would note the damage, call contractors, or actually conduct the repair in an effective manner.
• Local or Federal Governments – If you are walking on a public sidewalk owned by the government, the city itself may be responsible for your trip and fall injuries. If you were walking past a federal building, it’s possible the federal government owns the sidewalk. It is important that you make your claim against the proper government entity, or a judge could bar claim from court. There are also tight deadlines in place – usually 30 days – to notify a government entity about what happened. And, often, there is a cap on how much money you may seek in a lawsuit against a government entity — sometimes well under $100,000.
• You – By California’s “comparative negligence” law, defendants can accuse the plaintiff of being at least partially at fault for what happened to reduce their obligation. The total amount received can be reduced if there is proof that the pedestrian was distracted or not watching where he or she was going. It is important that you watch your words when speaking with authorities, so they don’t come back to haunt you in court.

How Southern California trip and fall attorneys can help

In Southern California, Salamati Law aggressively fights for plaintiffs who have been injured in sidewalk trip and fall accidents. An experienced personal injury lawyer will make sure you get the right claim filed, in the right time frame. We anticipate any attempts by the other side to dodge liability and blame you for what happened. Our panel of expert engineers, city inspectors, law professors, doctors, insurance adjusters, and others will help you build a winning case. Contact Los Angeles personal injury attorney Sean Salamati for a free case review today.

Additional sidewalk slip, trip and fall injury resources:

1. University of Wisconsin, Accident Prevention: Slips, Trips and Falls, http://www.uwosh.edu/ehs/campus-health-and-safety/general-safety/occupational-safety/accident-prevention-slips-trips-and-falls
2. Heimer Engineering, Walkway, Path, And Sidewalk Slip, Trip, And Fall Accidents, https://www.heimer.com/Licensed-Professional-Engineer/Walkway-Path-Sidewalk-Slip-Trip-and-Fall-Injury.html
3. Curbed Los Angeles, Where the Sidewalk Ends…In a Tree Root-Related Lawsuit, http://la.curbed.com/2011/10/20/10432190/where-the-sidewalk-endsin-a-tree-rootrelated-lawsuit
4. LA Times, L.A. agrees to spend $1.3 billion to fix sidewalks in ADA case, http://www.latimes.com/local/lanow/la-me-ln-lawsuit-broken-sidewalks-20150331-story.html
5. LA Times, Activists sue Los Angeles over Hyperion Bridge design’s single sidewalk, http://www.latimes.com/local/lanow/la-me-ln-hyperion-bridge-lawsuit-20150710-story.html
6. Next City, Suing for Sidewalks, https://nextcity.org/features/view/ada-compliance-accessible-design-cities-lawsuits-doj

Whose Fault Is It Anyway? Proving Fault in a Slip and Fall

There are not many personal injury situations as likely to turn into a factual dispute as a slip and fall.

There are not many personal injury situations as likely to turn into a factual dispute as a slip and fall. The impediment or defect that made the spot dangerous may not remain apparent long enough to document it and even when it is documented, the condition may or may not lead to liability. But your Los Angeles personal injury attorney must be able to prove that there was a dangerous condition on the premises and that the owner or occupier was legally responsible.

Slips and falls injure thousands of people in California and across the country each year. They occur for any number of reasons, ranging from pure carelessness on the part of the person taking the tumble to recklessness by a property owner in concealing a defective condition. L.A. attracts a lot of visitors and property owners have a duty to take reasonable precautions to prevent injury.

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Owner liability for slips and falls

A slip or fall may just be the result of bad luck. On the other hand, if you are injured and suspect that reasonable precautions may have prevented the accident, then your slip and fall injury may have been the result of negligence. A property owner is under a duty to keep the premises maintained and to warn visitors of defects that it knows about. Therefore, in CA the property owner may be liable if:

• The owner or an employee must have caused the hazard;
• The owner or an employee must have known about the hazard but did nothing to fix it; or
• The owner or an employee reasonably should have known about the hazard, yet did nothing to fix it.

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Gathering evidence of liability for a slip and fall

Evidence can be fleeting in a slip and fall case. When it involves, for example, a spill of liquid or some other material is involved, it will need to be cleaned up before other people are harmed. Boxes that a negligent worker placed in the aisle will likely be moved. A poorly lit area may receive a new light bulb. It is a good idea to take photos of the scene and gather the names and contact information of any witnesses who can corroborate what was present at the site at the time of injury. This will be invaluable to help your personal injury lawyer prove your case.

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A common complication is that one person or business owns the property but someone else controls it or is responsible for cleaning and maintaining it. It is not always clear which party bears responsibility for inspecting the premises and making it safe. A personal injury lawyer can help sort this out by serving what is known as “discovery requests” to obtain the information necessary to answer those questions. All of this is necessary for a plaintiff to meet his or her burden of proof in court.

Work with a Los Angeles personal injury lawyer

If you have been injured on someone else’s property in Southern California and believe it was someone else’s fault, speak with Sean Salamati, a respected slip and fall lawyer in Los Angeles. Slip and fall cases can be tricky to prove but The Salamati Law Firm has the resources and expertise to make the case. Call for a no-obligation consultation.

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Additional “slip and fall fault” resources:

1. Justia, California Civil Jury Instructions (CACI), 1003. Unsafe Conditions, https://www.justia.com/trials-litigation/docs/caci/1000/1003.html
2. Justia ,California Civil Jury Instructions (CACI), Series 1000 – Premises Liability, https://www.justia.com/trials-litigation/docs/caci/1000/

Top Five Causes of Slip and Fall Accidents

Slip and fall accidents occur when people slip and fall due to the negligent behavior of another. The entity at

Slip and fall accidents occur when people slip and fall due to the negligent behavior of another. The entity at fault can be a person such as a landlord, a business that has not maintained their store or property adequately, or a government that has not repaired sidewalks. The reason? Landlords, businesses, and other property owners or responsible parties have a duty to keep their surroundings safe and free from dangerous conditions.

To be deemed liable, the responsible party must have known about the conditions and had sufficient time to repair and rectify them. The court must be convinced that the facts show a reasonable person would have thought a situation was potentially harmful and fixed it.

Curious about the top causes of slip and fall accidents in the U.S.? A slip and fall lawyer in Los Angeles outlines the top five.

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Floor surfaces that are poorly maintained

The #1 reason people slip and fall are badly maintained floor surfaces. Whether it’s loose tiles in a courtyard, broken and uneven concrete sidewalks, or area rugs in a waiting room that aren’t anchored sufficiently, floors can be the cause of injuries.

Wet floors

Wet floors can be beautifully maintained in terms of their condition. But if a shopping mall, for instance, doesn’t clean floors after people track in water from a rainstorm, or a grocery store doesn’t clean up spilled shampoo, people can plummet to the ground. Wet floors should not only be cleaned up, but property owners should put up warning signs while it is being taken care of.

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Weather conditions

In southern California, we’re fortunate not to have ice and snow. But we can certainly have rainstorms, and sometimes those are even more dangerous because Californians are not always used to navigating in the wet. Slips and falls can happen on walkways, sidewalks and almost everywhere due to weather conditions.

Low or inadequate lighting

Lighting needs to be sufficient so people can see where they are walking. Low or inadequate lighting in stairwells, corridors, and city streets can make people slip and fall if they can’t see adequately at all, or can’t see obstacles such as potholes and broken sidewalks.

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Lack of training

Property owners, landlords, and store managers are responsible for training their staff to clean and maintain the property. That means proactively noticing when conditions are dangerous and taking steps to make them safe again.

Potentially hazardous areas need to be barricaded or roped off, with warnings for pedestrians and users of the area. Equipment needs to be operated so it doesn’t become a hazard. Steps to rectify potentially dangerous situations need to be taken quickly before a plaintiff’s personal injury lawyer comes knocking.

Speak with a slip and fall lawyer

Slips and falls cause serious harm every year due to the negligence of organizations big and small. Slips and falls can be caused by the actions of landlords, small business owners, or businesses ranging from parks to malls.

If you feel you or a loved one was the victim of a slip and fall due to the negligence of another, please call the Salamati Law Firm today. We are experienced Los Angeles personal injury attorneys. Your case will be reviewed by seasoned professionals and there is no charge to you for an initial consultation.

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Additional “causes of slip and fall accidents” resources:

1. National Institute for Occupational Safety and Health (NIOSH). Workplace Solutions. Preventing Slips, Trips, and Falls in Wholesale and Retail Trade Establishments. https://www.cdc.gov/niosh/docs/2013-100/pdfs/2013-100.pdf
2. Nova Southeastern University. Slip, Trip, and Fall Prevention Guide. http://www.nova.edu/risk/policies/forms/slips-trips-fall-prevention.pdf