Posts tagged slip and fall

Can I Sue for Loss of Income After a Slip and Fall Injury?

December 18, 2018 Slip Trip and Fall

One of the often-overlooked areas of loss after a slip and fall injury is the lost wages. Under California law,

A court gavel on 100 bills - legal conceptOne of the often-overlooked areas of loss after a slip and fall injury is the lost wages. Under California law, an injured party is allowed to sue to recover of both past income and future lost earnings. Understanding your rights and what you need to prove will help you secure full compensation for these losses.

Lost income and lost earning capacity

What is known as “lost wages” is both the lost earnings that have already taken place at the time of the settlement or trial, and the lost earning capacity. “Lost earning capacity” is the reduction in the amount that the plaintiff will likely make in the future due to the accident.

Understandably, lost income is easier to understand and prove since it is based on losses that have already occurred. However, with documentation and witnesses, it is possible to establish a strong case for reduced earning capacity when warranted.

Calculating lost wages

It is important to have abundant evidence of your earnings history, whether you seek past income or future lost wages. You will need documentation and even testimony from your employer of salary, overtime, commissions, bonuses, vacation days, and valuable benefits, both to show what you have received in the past and what you have missed out and will miss out on because of your injury.

For those who are self-employed, establishing income can be a little trickier. Producing tax returns for the past few years can establish your history of earnings but may cause confidential information to be made public through the courts. Letters from those you do business with that verify your amount of work, rate of pay, and length of time you were unable to work after the accident may be an option when privacy is desired. Speak with a California personal injury lawyer to determine the best way to establish lost income in your situation.

Proving lost earning capacity

It is one thing to show what wages you have lost and will lose out on. It is another to show that you cannot work for some amount of time. Naturally, if you are the claimant then you have the burden of presenting evidence to show this.

A way to meet your burden of proof is to offer the testimony of both lay witnesses and experts. These can include your doctors and therapists to explain the effect the injury has had on your ability to work, family or friends to explain the impact that the fall has had on your ability to participate in work and other activities, and even an economist to explain expected rise in salary over time given your industry and work experience.

Understand your rights after a slip and fall in Southern California

If you have slipped or tripped on someone someone else’s property and believe someone else’s negligence may have been the cause, discuss your case with a Los Angeles slip and fall lawyer at the Salamati Law Firm. Call us today to schedule a free consultation.

Additional CA lost wages resources:

  1. Justia, California Civil Jury Instructions (CACI) 3903C. Past and Future Lost Earnings (Economic Damage), https://www.justia.com/trials-litigation/docs/caci/3900/3903c/
  2. The Center for Forensic Economic Studies – Determining the Lost Earning Capacity of Injured Business Owners, http://cfes.com/determining-the-lost-earning-capacity-of-injured-business-owners/
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Study: Suicide Risk Increased After Traumatic Brain Injury

December 7, 2018 Brain Injuries

A moderate to severe traumatic brain injury (TBI) can be among the most serious injuries a person can sustain. According

A moderate to severe traumatic brain injury (TBI) can be among the most serious injuries a person can sustain. According to the findings of a recent study, the potential long-term complications of a TBI may include an increased risk of suicide. There are many possible causes of brain injuries, including motor vehicle accidents, slip and fall incidents, construction accidents, and sports accidents, just to name a few. Elder neglect is another possibility.

Latest research on concussions

Researchers from Canada and the U.S. did a meta-analysis review of studies on concussions and brain injuries. All 17 of the studies included in the analysis had been published after 1963. In total, the review analyzed data from over 700,000 patients who had a TBI diagnosis. The control group consisted of 6.2 million patients who did not have a brain injury diagnosis.

The researchers’ findings indicated that patients with a history of TBI had a two-fold increased risk of engaging in suicidal behavior, attempting suicide, or reporting suicidal thoughts. It’s possible that multiple concussions on the same patient may increase the risk further. However, the researchers’ findings on this matter were inconclusive.

This meta-analysis review is just one of the recent studies to examine the link between concussions and suicide. A study published in August 2018 in the Journal of the American Medical Association (JAMA) also concluded that patients with a history of brain injuries had double the risk of suicide.

In that study, conducted by researchers from Denmark, the data from over 34,000 individuals were examined. The data revealed that, among people with no history of TBIs, the absolute suicide rate was 20 per 100,000 person-years. Among people with a history of brain injuries, the absolute suicide rate was 41 per 100,000 person-years.

Other serious complications of concussions and brain injuries

As alarming as this research may be, it’s only the tip of the iceberg regarding the potential complications of concussions and traumatic brain injuries. A moderate to severe TBI may result in convulsions or seizures, coma, and persistent headaches. Some survivors display unusual behavior and personality changes, including aggressive or combative behavior. It’s also possible to suffer from long-term cognitive problems, intellectual disabilities, and communication impairments.

If the brain injury also resulted in cranial nerve damage, the patient may suffer from the paralysis of the facial muscles, loss of vision or double vision, and dizziness. Hearing loss, loss or altered sense of taste, and swallowing problems are other possible complications of TBIs.

Find a Los Angeles brain injury lawyer today

For two decades, injured individuals in southern California have relied on the Salamati Law Firm to provide sound legal guidance and vigorous representation, both in and out of the courtroom. If you or a loved one has sustained a TBI in a slip and fall incident, car crash, or similar accident, you can benefit from a free case review with our traumatic brain injury lawyer in Los Angeles. Our results-oriented approach may enable you to recover compensation from a negligent party. Call 1-855-336-1703 today or email us at [email protected]

Additional resources on traumatic brain injuries:

  1. JAMA Neurology, Association of Concussion With the Risk of SuicideA Systematic Review and Meta-Analysis, https://jamanetwork.com/journals/jamaneurology/article-abstract/2712851
  2. JAMA, Association Between Traumatic Brain Injury and Risk of Suicide, https://jamanetwork.com/journals/jama/article-abstract/2697009
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How to Choose a Slip and Fall Lawyer in Downtown LA

November 29, 2018 Slip Trip and Fall

It’s a safe bet that everyone is prone to a little clumsiness from time to time. But sometimes, people fall

fall down stairs

It’s a safe bet that everyone is prone to a little clumsiness from time to time. But sometimes, people fall and sustain serious injuries because of the negligence or recklessness of another person. If you were injured on someone else’s property, or on public property, you may have the basis for a personal injury lawsuit. A slip and fall lawyer in Los Angeles can evaluate your case and advise you about the potential for a legal claim. Since the skills, experience, and knowledge of the attorney is crucial for the success of your claim, it’s worth taking the time to do a little background research to ensure you pick the right personal injury attorney.

Extensive experience with personal injury lawsuits

It goes without saying that it’s best to choose a slip and fall lawyer in downtown Los Angeles who has litigated these types of cases before. For slip and fall cases in particular, it’s helpful to choose a law firm that has litigated claims in both state and federal courts, as premises liability lawsuits may name governmental entities as defendants.

Law firm resources, legal team, and consultants

Personal injury lawsuits can be complicated. These cases often require evaluation and input by outside professionals, such as accident reconstruction experts, investigators, and medical specialists. Look for a law firm that has established relationships with these types of outside consultants, and has the resources necessary to bring them on board for your case.

Commitment to ongoing communication and client education

Some lawyers have developed a reputation for being difficult to get ahold of on the phone. If you’re stressed about your case and your mounting medical bills, the last thing you need is a lawyer who never picks up the phone. Look for a law firm that is committed to keeping you apprised of the status of your case. Your slip and fall lawyer should also fully inform you of the legal issues involved. Client education is essential for good decision making.

An overview of slip and fall incidents in southern California

A slip and fall accident can happen anywhere. If it happens on someone else’s property, the property owner or manager may be held liable for your injuries, depending on the circumstances. Some common places for slip and fall injuries in the CA area include restaurants and bars, since liquids may be spilled on the floor frequently, creating a hazardous condition. Museums, malls, shopping centers, retail stores, sidewalks, parking lots, government buildings, and office buildings are other common locations of slip and fall accidents, as are apartment complexes and nursing homes.

The Salamati Law Firm in Los Angeles is a leading choice among slip and fall victims because of our personalized approach, attentive service, and long track record of successfully recovering compensation on behalf of our clients. Our slip and fall lawyers in downtown LA provide reliable legal guidance so that you can make a smart decision in the wake of an accident. Our legal team may help you recover compensation for your medical expenses, lost wages, and pain and suffering. Contact us today to set up an initial consultation.

Additional resources about slip and fall accidents

  1. Medscape, Falls in the Elderly: Causes, Injuries, and Management, https://reference.medscape.com/features/slideshow/falls-in-the-elderly
  2. Centers for Disease Control and Prevention, Important Facts about Falls, https://www.cdc.gov/homeandrecreationalsafety/falls/adultfalls.html
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What to Do in the Immediate Aftermath of a Slip and Fall Injury

October 16, 2018 Slip Trip and Fall

People who have slipped and fallen might not be sure what to do right after the accident happens. In fact,

caution wet floor sign at a corridorPeople who have slipped and fallen might not be sure what to do right after the accident happens. In fact, they may want to get to a doctor right away, especially if they are bleeding or feel they have broken a bone, twisted an ankle, or otherwise hurt themselves.

Gather a Record of the Conditions and Your Injuries

While it’s very wise to go to a doctor as one of the first steps, because getting treatment is highly important for your health and recovery, you also need to make sure that you have a record of what occurred and have alerted the proper authorities. So don’t delay getting medical attention, but make sure that you have pictures or notes on what happened in the immediate aftermath.

Why? Well, if you want to recover damages legally for medical bills, lost wages, and more, the fact is, a court will need evidence of what happened. In fact, your doctor or hospital visit will be part of the evidence, because any doctor or hospital will keep records of your injuries and the treatment advised.

For the victim of a slip and fall accident to receive damages, the court must find the other party negligent. That means a party, such as a landlord or store owner, had a duty of care to keep a specific area safe, should have known if it had become unsafe, had enough time to make it safe, and didn’t.

The fact is, many negligent parties will try to argue that the party injured in a slip and fall caused it themselves. They may claim that an area, such as a broken sidewalk or slippery floor, wasn’t dangerous. They may argue that it was clearly marked or surrounded with cones indicating it wasn’t to be walked on.

And they may win, unless you have evidence.

What You Should Do After a Slip and Fall Accident

So here some steps to follow in the immediate aftermath of a slip and fall in California.

1. Take pictures of your injuries

Take pictures of your injuries with your smartphone. Bruises, cuts, torn clothing – anything that injured you and shows impact.

2. Take pictures of the area

Take pictures of the area where you slipped and fell, from all angles. Don’t wait until it is cleared away and cleaned up.

3. Get the contact information of any witnesses

If anyone saw you slip and fall or witnessed the area where you fell, get their contact information.

4. Contact the manager if it’s a retail establishment

If your slip and fall accident occurs in a retail establishment like a store or restaurant, contact the manager before you leave. The manager needs to know of the dangerous area. Also, a court might wonder if you leave without reporting it.

Slip and Fall Injury in the Los Angeles Area? Call Sean Salamati

Sean Salamati is an experienced slip and fall lawyer in southern California. Sean will fight for your rights if you have been hurt because of someone else’s negligence. Call today for a free consultation. We charge no fees unless we win money for you.

Additional Resources:

  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
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Most Common Places for Slip and Falls

October 2, 2018 Slip Trip and Fall

In the movies, someone slipping on a banana peel is a time-tested laugh-getter. In real life, slipping and falling can

caution wet floor signIn the movies, someone slipping on a banana peel is a time-tested laugh-getter. In real life, slipping and falling can be serious indeed. According to the United States Centers for Disease Control and Prevention (CDC), 33,381 people died as a result of unintentional falls last year. Each year, 25% of people over the age of 65 fall. Falls are one of the leading causes of injury and death in workplaces like construction sites.

The consequences of slipping and falling can range from a twisted ankle to spinal cord or head injuries that can impair functioning and mobility for the rest of one’s life.

It stands to reason that people need to be careful about slipping and falling. But where do slips and falls mostly commonly take place? Here are four places where slip and fall accidents are most frequent.

1. Sidewalks

Sidewalks are built to facilitate safe walking. Unfortunately, sidewalks that are not well maintained may develop cracks and may deteriorate, making walking dangerous. Weeds can even start poking through the sidewalk, which will cause it to crack even more. It’s easy to turn an ankle on a poorly maintained sidewalk.

2. Wet floors in stores and restaurants

Wet floors can easily cause patrons of stores and restaurants to slip and fall. In stores, wet floors can be caused by slipped liquid from a product — or even from someone’s spilled water bottle. In restaurants, servers or patrons may inadvertently spill beverages. Cleaning such as mopping or waxing will also make a floor wet.

Store managers and employees should move to place warning cones around a wet floor, and should clean up the area quickly.

3. Workplaces

Slips and falls are frequent in workplaces. On construction sites, for example, workers frequently are employed at high altitudes and walls or stairs that might make falling impossible in a finished building may not yet be completed.

Poorly maintained workplaces where floors are piled high with equipment, boxes, or even debris can also cause slip and fall accidents.

4. Stairs, Escalators, and Elevators

Areas where movement from one story to another take place are frequent sites of slip and fall accidents. Stairs that are poorly maintained, lack bannisters, or have old or torn carpet can be especially dangerous. So can escalators that have been shut down — if they start abruptly again, people can be caught or thrown as they try to climb up. Similarly, elevators that have stopped and then start again can cause a fall to passengers.

When You Need a Slip and Fall Lawyer in Southern California

California law is very clear on premises liability. Property owners are responsible for maintaining the safety of their buildings and grounds. If an area is dangerous, or if they should have known it was dangerous, they must fix the unsafe condition. Failure to do so is negligence, and a court can find them responsible for accidents that happen in the Los Angeles area due to lack of reasonably safe conditions.

If you feel you or a loved one was the victim of a slip and fall due to the negligence of another, please call experienced Los Angeles slip and fall lawyer Sean Salamati today. There is no charge to you for an initial consultation, and you owe us no money unless we win money for you.

Additional 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. United States Centers for Disease Control and Prevention. National Center for Health Statistics. Accidents or Unintentional Injuries. https://www.cdc.gov/nchs/fastats/accidental-injury.htm
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What Evidence Do You Need in a Slip and Fall Case?

September 7, 2018 Slip Trip and Fall

Every year, thousands of people are injured in accidents where they slip and fall due to the negligence of another

caution wet floor

Every year, thousands of people are injured in accidents where they slip and fall due to the negligence of another party. You might slip on a slick surface in a store or office building, because no one has cleaned up rain water or the shattered glass and liquid from another customer’s dropped purchase — or any one of the multiple things that cause a slip and fall.

As a result, you might be facing mounting medical bills, time lost from work, and more.

You might be entitled to damages as a result of your injuries from a slip and fall accident. But courts and juries, of course, need evidence.

Evidence Needed for a Slip and Fall Accident Claim

Briefly, you need evidence that you were injured, evidence of the nature of the injuries, and evidence that the conditions were dangerous due to negligence, and that it wasn’t simply your own carelessness or actions.

Negligence means that action that should have been taken to make property safe to walk on wasn’t taken. Both businesses and private property owners must, under the law, exercise reasonable care to maintain their premises so that conditions are safe. If something happens that may make premises unsafe, such as a broken sidewalk or ice, property owners must take action to make it safe as soon as they know about it. That includes fixing their property, getting rid of ice, and putting warning signs around any unsafe areas.

Here’s the evidence you need in a slip and fall, and how to obtain it.

1. Proof of injury

There are several ways to obtain proof of your injury.

First, see a physician right away. If your arm or wrist hurts, for example, they could be broken. Tell your doctor clearly what happened. If you do make a medical claim, the doctor’s records and recommendations for treatment can be part of the evidence.

Be sure to keep records of the bills and any other treatment bills, such as physical therapy or medication.

Second, take multiple pictures of your injuries. Remember, you can say you were bruised or had gashes on your arm, but these will go away. You need pictures of them when they were fresh. Use your cell phones camera if you have it, or a friend’s camera.

Third, report the incident. If it occurs in a business, talk to the manager in charge or the owner before you leave, if possible. If there is no manager available, call the owner as soon as possible after the accident.

2. Proof of Dangerous Conditions

Second, you need proof of dangerous conditions.

For this, too, your camera is your friend. Take pictures of the scene from every angle. Was liquid spilled or conditions icy? Make sure everyone who wasn’t there can see the conditions.

Second, a report to the owner or manager is needed for this as well.

Third, if you can’t find an owner or manager, and the dangerous area is a public hazard, consider calling the police. A broken sidewalk or unshoveled ice, for example, could imperil many people. They will make a police report, which you can use for evidence.

Fourth, if there are witnesses to your accident, talk to them, get their contact information, and take notes on what they say.

When You Need an Experienced Slip and Fall Attorney in Los Angeles

Were you or a loved one injured in a slip and fall accident in southern California? The Salamati Law Firm is experienced and aggressive in premises liability cases. Call us today for a free consultation and speak with a seasoned Los Angeles slip and fall lawyer.

Additional Resources:

  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
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Wet Surface Falls & Resulting Injuries

July 5, 2018 Slip Trip and Fall

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 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, our attorneys 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 slip and fall 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 slip and fall 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
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4 Common Nursing Home Hazards

June 29, 2018 Slip Trip and Fall

The State of California Health Facilities Consumer Information System lists more than 2,600 long-term care facilities in the state. When

patient abused by nursing home caregiverThe State of California Health Facilities Consumer Information System lists more than 2,600 long-term care facilities in the state. When families choose one of these facilities for a loved one, they place great trust in it for their family member’s everyday care, safety, and well-being. Ideally nursing homes will be free of safety hazards but in many senior living homes, there are common dangers that can lead to serious injury.

#1 Slips and falls

According to the Centers for Disease Control, falls affect the vast majority of seniors, and those who fall once are likely to fall again. The CDC estimates that approximately 75% of a nursing home’s residents will suffer a fall in a given year.

  • Slip or fall dangers in nursing homes include:
  • Improper lighting
  • Floor hazards like loose carpeting or slick tiles
  • Inadequate handrails
  • Lack of safety alert system to allow residents to call for help

#2 Medication errors

Many seniors take multiple medications. And any nursing home may be responsible for administering hundreds of prescriptions in precise doses each day. Medical errors can cause critical emergencies from overdose, falls from dizziness, and even death.

According to one study, between 16 and 31 percent of residents are improperly administered medications. In addition, three out of every four residents are prescribed at least one medication that is potentially incorrect. Improperly-administered medications have also been linked to falls by nursing home residents.

#3 Sedentary living

Limited mobility puts seniors at increased risk for bedsores. Also known as pressure ulcers, bedsores can develop on parts of the body that are exposed to prolonged pressure. Areas that come into contact with chairs and beds, such as tailbones, ankles, backs of heads, hips, and spines are especially vulnerable.

Nursing home staff need to help residents move as needed to alleviate pressure on these sensitive body parts. Early bedsores may only involve mild skin irritation but if left untreated, they can develop into serious wounds that involve muscle and bone, putting the resident at risk for infections and other serious complications.

If your loved one is showing signs of bedsores, it could be a sign that they are not getting the attention they need.

#4 Resident abuse

One of the most unsettling things to think about is a loved one being abused by a nursing home caregiver. Neglect, which can lead to bedsores and other ailments, is one type of caregiver abuse. But it can also take place in the form of physical or psychological abuse. Another form of nursing home abuse that is often overlooked is resident-to-resident abuse.

Whether a resident is abused by a caregiver or another resident, a nursing home is required to report within certain time frames. The facility may also be liable for the injuries suffered.

Talk to a an elder abuse and nursing home neglect lawyer in Southern California

If you or a loved one resides in a nursing home and suffers a personal injury due to the facility’s negligence, the law may allow recovery. The Salamati Firm serves clients in Los Angeles and throughout Southern CA so that they can receive the compensation they deserve while holding at-fault nursing homes accountable. A financial recovery may pay for medical expenses, pain and suffering, and other losses. Call today for a free case review with an experienced attorney.

 Additional resources about nursing home hazards:

  1. Occupational Safety and Health Administration, Nursing Home and Personal Care Facilities: Hazards and Solutions, https://www.osha.gov/SLTC/nursinghome/hazards_solutions.html
  2. University of California San Francisco Science of Caring, How Can We Reduce Adverse Events in Long-Term Care Settings?, https://scienceofcaring.ucsf.edu/research/how-can-we-reduce-adverse-events-long-term-care-settings
  3. NPR, Serious Nursing Home Abuse Often Not Reported to Police, Federal Investigators Find, https://www.npr.org/2017/08/28/546460187/serious-nursing-home-abuse-often-not-reported-to-police-federal-investigators-fi
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Common Types of Slip & Fall Accidents

June 15, 2018 Slip Trip and Fall

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

caution wet floor sign at a corridorEvery 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. Like 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
  • Spilled liquids
  • 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 rundown 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 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 Salamati Law Firm understands 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
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Slipping on a Wet or Waxed Floor: Who Is Liable?

April 25, 2018 Slip Trip and Fall

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

slip and fallIf you’ve ever slipped 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.

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. If 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 an experienced slip and fall attorney Los Angeles residents trust, 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
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