You could sue for a slip and fall accident caused by loose carpeting if the property owner was negligent and failed to remedy this hazardous condition. Four elements must be proven for negligence; duty of care, breach of the duty, causation, and damages. If you can prove the above, then you may be able to recover financial compensation in a slip and fall accident lawsuit. Further, senior citizens are more prone to severe issues from a fall.
Contact us at Salamati Law Firm for a free consultation. We can review your case files and determine if you have a viable personal injury claim. From the moment you contact us, we’ll prove that you’ve made the best decision to get your life back on track.
As long as you are not a trespasser, you are owed a duty of reasonable care in every property you enter, such as apartments, hotels, businesses, offices, and private residences. If this duty is breached and you are injured, you may have grounds to file a slip and fall lawsuit. Here are the four elements that must be met for you to prevail:
- Duty of care. The property owner, manager, government entity, or homeowner owed you a duty of care. As long as you were not trespassing at the time of your slip and fall, you should be able to satisfy this element.
- The duty of care was breached. The property owner owes you a duty to reasonably protect you from hazardous conditions. Suppose a landlord or property manager knows or should know about an area with loose carpeting. In that case, they need to repair it, block off the area, or advise all patrons of the dangerous condition–within a reasonable amount of time.
- Causation. You slipped and fell as a result of the loose carpeting.
- Damages were sustained. You were injured in this accident and now have extensive medical bills and missed significant time from work.
If the carpet becomes loose just seconds before you slip and fall, then the property owner would not have had a reasonable amount of time to fix it. On the other hand, if it has been loose for months and they did nothing, they may be liable for your injuries.
Depending on where your slip and fall accident occurs and the unique circumstances of your claim, there are several possible defendants for your lawsuit.
Here is a non-exhaustive list of who you may be able to sue for your damages:
- The owner of the business
- The manager of the property
- The owner of the house or apartment
- A government entity
Slip and fall cases caused by loose carpeting can be time-consuming, as the defendant will do everything possible to minimize the amount of your financial recovery or avoid paying you altogether. It’s best to consult a Los Angeles trip and fall lawyer as soon as possible before evidence disappears and witnesses move away or can no longer recall what happened.
For nearly 30 years, we have been the trusted advocate for injured victims in Southern California, having earned multiple multi-million dollar settlements or jury verdicts for our valued clients. While we cannot guarantee the same results, we can ensure that we will be your strongest advocate—utilizing our considerable resources to serve justice.
If you have been injured in a slip and fall caused by loose carpeting, call us to schedule a free consultation; there is no obligation to hire us. In addition, we work on a contingency basis, so there are no upfront legal fees.