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Wet Surface Falls & Resulting Injuries

A slip and fall accident, when caused by a property owner’s negligence, can give rise to a viable claim for

A slip and fall accident, when caused by a property owner’s negligence, can give rise to a viable claim for compensation. Wet surfaces are one of the greatest risks for a serious slip and fall injury.  According to the National Floor Safety Institute, wet or slippery surfaces account for the majority of fall accidents in the United States.

Given that many victims of such accidents sustain broken bones, traumatic brain jury, spinal cord damage, torn ligaments and other debilitating harm, it’s no wonder that these cases settle for high dollar amounts – often reaching six and seven figures.

Wet flooring surfaces, whether inside or outside of a building, are a hazardous condition that should be addressed immediately by property owners or managers. At the very minimum, guests should be made aware of unsafe conditions with a yellow warning sign or barred from walking on certain areas where slick surfaces are present. Property managers are also expected to place floor mats or anti-skid rugs where wet or slippery surfaces may exist. When this duty to use reasonable care is breached, and physical harm results, victims may be eligible to sue for monetary damages.

In order to protect your rights, it’s imperative to align yourself with a qualified slip and fall lawyer in Los Angeles as soon as possible. The legal team at Salamati Law has extensive experience handling premises liability claims in California, and works tirelessly to achieve maximum compensation for our clients.

Substantial fall injuries result in higher legal payouts

Fall injuries are not only painful to endure, they can be incredibly expensive. From hospitalization and doctor’s appointments, to surgery and long-term care, these injuries can cost hundreds of thousands of dollars, putting a huge burden on victims and their loved ones.

Settlements will take into account not only past and ongoing medical bills, but pain and emotional suffering, lost income, and damages such as loss of consortium and loss of enjoyment of life. Historically speaking, wet surface fall accidents resulting in spinal cord injury, paralysis, skull fractures and brain damage have been some of the highest paying claims.

The Los Angeles-based Salamati Law office is committed to helping fall injury victims receive justice. Our firm boasts a stellar reputation for aggressive advocacy and has procured major settlements in complex slip and fall cases.

Through thorough investigations that uncover the truth and pinpoint liability, a personal injury lawyer from our firm can help victims and their families hold negligent property owners responsible. A successful personal injury claim can seek money damages that adequately reflect the pain, suffering and financial losses endured.

Causes of slippery surfaces and common defenses

Slippery and wet floors are often caused by:

• Rain that falls into a doorway or is tracked inside
• Waxing, polishing or mopping
• Cleaning agents that accidentally spill on the floor
• Naturally slick flooring surfaces such as marble
• Spilled liquids that aren’t cleaned up

Property owners can be held accountable in a court of law if it is proven that they knew or should have known about a hazardous condition (i.e. a wet or slippery floor) or caused the dangerous condition and did nothing to remedy or address the situation.  Whether the slip and fall accident happened at a commercial property or a private home, there are several defenses that may be raised. These include:

• Assumption of risk – the injured plaintiff was aware of a potential falling risk, as it was obvious, but voluntarily took this risk anyway
• There was no breach of duty – the defendant may argue that they were not aware of a spilled liquid (or other condition that caused a wet surface)
• Comparative negligence – the injured plaintiff bears some responsibility for the accident. For example, they were texting while walking and did not notice the “wet floor” sign

Superior legal representation in California

Your choice of Los Angeles personal injury attorney can mean the difference between a successful insurance settlement or having no compensation for your injuries, lost wages and medical bills. When your health and livelihood are at stake, put your trust in Sean Salamati.

Call today for a free case evaluation and discuss your claim with a veteran personal injury lawyer in Los Angeles.

Additional Resources on Wet Floor Slip and Fall Injuries: 

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. GuideOneInsurance, Wet Surface Slip and Fall Prevention https://www.guideone.com/safety-resources/slips-and-falls-prevention-wet-surfaces

Common Types of Slip & Fall Accidents

Every year in America thousands of painful injuries are caused by slip and fall accidents. According to national figures, such

Every year in America thousands of painful injuries are caused by slip and fall accidents. According to national figures, such incidents account for more than 20 percent of all spinal cord injuries and 15 percent of all accidental fatalities in the United States. As any experienced Los Angeles personal injury lawyer can tell you, other injury-producing accidents in public and workplace environments, many slip, trips and falls are preventable.

Accidental falls are the third leading cause of accidental death in our country, and the number one cause of serious injury and death in the elderly, according to the Centers for Disease Control and Prevention.

Below are some of the most common causes of slip and fall accidents.

Floor Hazards

Slippery or wet surfaces are responsible for countless falls each year. Other floor hazards include:

• Uneven pavement or sidewalks
• Loose or torn rugs, floorboards, carpeting or mats
• Wet floors
• Ice or snow that hasn’t been salted or removed
• Clutter, trash or debris on the floor
• Recently waxed or mopped floors

Structural Hazards

Traumatic injuries, ranging from broken bones and torn ligaments to paralysis can be traced back to tripping hazards caused by:

• Poorly constructed or poorly constructed stairs
• Loose tiles
• Lack of handrails on steps and ramps
• Loose or defective handrails
• Cracked cement
• Potholes in parking lots

Liability issues in slip and fall accidents

All property owners and caretakers have a duty to use reasonable care to keep their premises safe for patrons, employees and invited visitors. When business owners, employers and managers fail to maintain their property or fail to warn customers and hired staff about potential slip and fall dangers such as a spilled liquid or a recently waxed floor, they may be held liable by an injured party and their personal injury attorney for any ensuing damages.

In California, it is the proprietor’s duty to perform routine inspections and maintenance and warn guests and visitors of any on-site dangers.  This holds especially true for health care providers and administrators in nursing homes and assisted living facilities, where senior residents are more prone to debilitating injury.

Some 25 percent of nursing home falls are attributed to environmental hazards, including poor lighting, slick floor surfaces and clutter left about.

California premises liability lawyer

Whether a slip and fall accident occurred in a nursing home, movie theater, at a neighbor’s house or in the workplace, victims may have a legal claim for compensation. The personal injury lawyers at Salamati Law understand the financial burdens and emotional toll of serious personal injury and has the expertise and resources to help victims obtain justice and the money damages they deserve. A successful claim can secure compensation for past and future medical bills, lost income, rehabilitation, pain, suffering and permanent disability.

For a free case evaluation with a Los Angeles slip and fall lawyer who is dedicated to client success, please call 1-855-476-1115.

Additional Slip and Fall Accident Resources:

1. CDC, Falls are leading cause of injury and death in older Americans https://www.cdc.gov/media/releases/2016/p0922-older-adult-falls.html
2. National Floor Safety Institute, Slip & Fall Quick Facts, https://nfsi.org/nfsi-research/quick-facts/
3. National Safety Council, Slip, Trip and Fall Prevention will Keep Older Adults Safe and Independent http://www.nsc.org/safety_home/HomeandRecreationalSafety/Falls/Pages/Falls.aspx

4 Things to Do After a Slip and Fall Accident

Slip and fall accidents are responsible for thousands of injuries every year, in businesses, homes, and on streets. People who

Slip and fall accidents are responsible for thousands of injuries every year, in businesses, homes, and on streets.

People who slip and fall are often disoriented. They may be injured. They may be embarrassed. They may simply want to get home.

But it’s very important to take the right steps after a slip and fall accident. Businesses and private property owners must take reasonable care to maintain their premises in a safe condition. If something occurs to make the premises unsafe, such as spilled liquid or rain, they must take steps to clear up the unsafe conditions, including placing warning signs around the area.

Businesses and private property owners can also be responsible for sidewalks that are directly in front of their property.

If they don’t do this, they can be found liable for any injuries in a slip and fall. But injured people need evidence of their injuries, and they need evidence of what the conditions were. Immediately leaving the scene could mean that you don’t have a record of what happened, and thus you don’t have evidence. This will make it much harder for your Los Angeles personal injury attorney to present your case.

Here’s what you need to do after a slip and fall accident.

1. Get medical attention

If you are injured in a slip and fall accident, the first thing you need to do is seek appropriate medical attention. Don’t wait! Falls that resulted in your hitting your head could cause a concussion, for example, which can have serious consequences. You may feel okay, but still have serious injuries.

Be sure to tell your doctor everything that happened. If you bring a legal claim, those records can be used.

2. Report the incident

Second, you need to report the incident to the person in charge. This could be a store manager, a landlord, or whoever would be responsible for the area.

They need to know that a condition exists that needs to be fixed. In addition, if you have a legal claim that goes to trial, a jury might find it odd that you never reported the incident.

3. Take pictures and keep a record

In today’s world, many people carry a smartphone with a camera. For slip and fall victims, that’s actually good news. One of the most crucial things you can do is collect evidence of your slip and fall accident, and pictures are a great way to make an immediate record.

If you are injured, take pictures of your injury from several angles. Don’t wait until bruises have faded or cuts healed.

Take pictures of the area. Show any unsafe places.

If you don’t have a phone or camera, take notes immediately on what happened. People tend to misremember once a day or so has passed, so take notes as soon as you can. Write what happened, why, and what occurred as a result.

4. Get contact information of witnesses

If people saw you slip and fall, try and get their contact information. They may be called as witnesses in a legal case.

While many business owners and private property owners want to do the right thing, some may try to minimize the situation or even make untrue statements. Witnesses will make sure that you have evidence.

If You Need an Experienced Slip and Fall Attorney in Southern California

Were you or a loved one injured in a slip and fall accident in Los Angeles? Sean Salamati is a Los Angeles slip and fall lawyer who is experienced and aggressive in premises liability cases. Call us today for a free consultation at 800-957-9898.

More tips on what to do after sustaining a slip, trip or fall injury:

1. National Restaurant Association. Don’t Trip Up: Preventing Slips and Falls. https://www.restaurant.org/Manage-My-Restaurant/Operations/Back-of-House/Dont-trip-up-Preventing-slips-and-falls
2. National Safety Council. Slip, Trip and Fall Prevention Training. https://www.nsc.org/safety-training/workplace/slips-trips-and-falls

Who is Liable if I Slip and Fall on a Wet or Waxed Floor?

If you’ve ever slipped and fallen on a wet or waxed floor, you know it can happen in an instant.

If you’ve ever slipped and fallen on a wet or waxed floor, you know it can happen in an instant. One minute you’re walking along. The next minute, you could be flat on your back.

Unfortunately, slip and fall accidents on a wet or waxed floor can be more than sudden. They can be extremely dangerous. Slipping and falling can cause fractures, sprains, concussions, traumatic brain injury (TBI) and lacerations. They can cause people to lose time from work and suffer the economic consequences.

A Los Angeles personal injury lawyer can help you recover from these accidents but, in the worst case, they can be deadly. 

Who bears the responsibility?

But who is responsible for a slip and fall accident on a wet or waxed floor?

According to California law, the management of commercial establishments must keep their premises safe at all times. If they do not, they are responsible for accidents that occur as a result of unsafe conditions. They can be held accountable for injuries under premises liability statutes if their establishments — stores, hotels, malls, anywhere a consumer might encounter a wet or waxed floor — have unreasonable dangers.

But, if we consider wet or waxed floors, we will realize that there are different levels of responsibility.

If an employee has been mopping or waxing a floor, or is in the midst of so doing, the floors may be dangerous to walk on. For that reason, the employee should place signs clearly demarcating the recently mopped or waxed floor as recently worked on. They should urge passers-by to exercise caution while walking. Better yet, if the floor is truly unsafe, they should rope it off until it is dry again.

If this is done, and a guest ignores the signs and walks anyway, a court might find the injured party responsible or partly responsible for any accident that follows.

But if an employee is mopping or waxing and takes no safety precautions, a court might find for the plaintiff, since the defendant breached their duty of care.

Premises liability and duty of care

But say that a floor gets wet not as a consequence of anything a store employee does. It may be raining, and people’s outerwear or umbrellas track water on the floor. In a busy mall, someone may spill coffee or a bottle of water. In a grocery store, someone may drop a product that they were planning to buy. It if breaks, it could result in a wet floor.

In circumstances like this, business owners or the people responsible for the premises still are obligated to keep the premises safe to walk on. But they must also 1) know that the premises have become unsafe and 2) have had a reasonable amount of time to make the premises safe again.

So in a hotel, store, or mall, management should know within a reasonable amount of time that rain water or spilled liquid is on the floor. They should dispatch someone promptly to cordon the area off until the liquid has been mopped up.

If they do not fix the situation in a reasonable amount of time, a court might find them liable for any ensuing accident.

Slip and fall attorneys in Southern California

The Salamati Law Firm has an exceptional track record of securing justice for their clients, helping them achieve the best possible results following a serious personal injury.

If you or a loved one is in need of a trusted slip and fall lawyer in Los Angeles, call  800-957-9898 to schedule a complimentary consultation.

Additional Resources on Slip and Fall Liability:

1. Insurance Information Institute. Insuring Your Business: Small Business Owners’ Guide to Insurance. Controlling Liability Risks http://www.iii.org/publications/insuring-your-business-small-business-owners-guide-to-insurance/risk-management/controlling-liability-risks
2. LA Times, City settles slip-and-fall case for $30K http://www.latimes.com/tn-gnp-city-settles-slipandfall-case-for-30k-20140125-story.html