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How Do I File a Slip and Fall Lawsuit in California?

Premises liability law governs accidents on private or public property where the owner or property manager failed to take reasonable precautions to keep the grounds free of dangerous conditions.

When you’re hurt in a slip and fall accident in California, it’s in your best interest to seek legal counsel right away. Victims may be eligible to file a lawsuit for compensation, but there are deadlines and procedural requirements in place. At Salamati Law, we help individuals secure the money damages they deserve for medical expenses, lost wages and loss of future earnings, and pain and suffering.

Protect your rights by contacting us so that you can speak with an experienced Los Angeles slip and fall lawyer about your case. The initial consultation is free and an easy way to find out if you have grounds for a lawsuit.

Important statutes of limitation for premises liability claims

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In California, you have two years from the date of your accident to file a lawsuit for personal injury compensation. This is known as the statute of limitations. There are extenuating circumstances, however, where the statute of limitations can be tolled.  If you are under the age of 18 at the time, or if the defendant is out of California for an indefinite period, you may have additional time to take legal action.

Another notable caveat is relevant when filing a slip and fall claim against a government entity. For example, you fell and broke your ankle on a recently mopped floor at the DMV. There were no “wet floor” indicators anywhere, and you had no way of anticipating the danger. If the accident took place on this type of property, your attorney must file a “notice of claim” no later than 6 months.

Initial steps to take after a slip and fall incident

Construction worker in a red jumpsuit and yellow hardhat lying injured on concrete ground

The success of your lawsuit will largely depend on two factors: your choice of personal injury attorney, and the actions you take in the immediate aftermath.

Improve the odds of achieving a favorable outcome by taking these measures:

Slip and fall injury report on a table.
  1. Report the fall to the property owner or manager right away
  2. If the accident took place at a mall or commercial premises, complete the official accident report and keep a copy
  3. If any bystanders witnessed your fall, ask for their contact information
  4. Take photos and video, if possible, of where the accident took place
  5. Go to the urgent care clinic/ ER for prompt evaluation
  6. Tell the physician how the accident happened
  7. Follow through on all medical appointments
  8. Keep records of your medical costs and out-of-pocket expenses
  9. Do not provide insurance adjusters a recorded statement without legal counsel
  10. Book a consultation with a personal injury lawyer

Elements you must prove to recover compensation

Next, a claimant must demonstrate the following elements to recover compensation:

  • The defendant occupied, leased, owned or managed the property
  • The defendant owed a duty to keep their premises safe for visitors, guests, and patrons
  • The defendant knew or should have reasonably known about a hazardous condition
  • The dangerous condition (uneven payment, slippery floor, torn carpeting, etc.) existed
  • The plaintiff was physically injured and suffered actual damages in a slip and fall accident
  • The defendant’s negligence was a factor in the plaintiff’s injuries

Free consultation with our team of Los Angeles slip and fall lawyers

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When you’re hurt in a slip and fall accident in Los Angeles, your choice of attorney can make or break your case. We have a proven record litigating premises liability cases and offer seasoned counsel on how to achieve maximum compensation for your injuries and financial losses.

Established in 1995, our practice is dedicated to providing client-centered advocacy to victims who have suffered a serious personal injury through the negligence of others. Whether your slip and fall injury happened in Long Beach or Santa Clarita, you have nothing to lose and everything to gain by speaking to our team.

Contact our office to request a free case review with a skilled Los Angeles slip and fall attorney today. There are no fees unless we secure money damages on your behalf.

No Obligation, No Fees Guaranteed, Unless We Win

We are committed to negotiate your case aggressively, strategically and creatively. Personal injury lawsuits are retained on a contingency fee agreement, and plaintiffs will pay no legal fees unless the firm is able to recover damages on your behalf.

No Fee Guarantee Unless We Win
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