Temecula Slip and Fall Attorney

Knowledgeable Legal Guidance

A simple slip and fall can cause deceptively serious injuries. When your fall is caused by negligent and dangerous conditions, you deserve to recover compensation.

As a slip and fall lawyer with 36 years of legal experience, I can provide you with the comprehensive and compassionate representation you deserve. My office works to build long-lasting relationships with each of my clients, and I am committing to fighting for the compensation victims of negligence deserve. I understand how California courts adjudicate slip and fall cases and can leverage that knowledge to secure a favorable outcome in your case. 


If you or a loved one has suffered injuries as a result of a slip and fall incident, do not wait to contact Rob Schelling, A Professional Corporation, online or call (951) 355-2965.


What Constitutes a “Slip and Fall?”

“Slip and fall” claims are a type of “premises liability” claim. The label is used when someone trips and is injured on another party’s property. The property owner may be liable to pay damages to the victim if their negligence contributed to conditions that caused the fall. 

For example, you may have a “slip and fall” case if you are injured as a result of an unmarked slick surface at a grocery store. Because the property owner has a legal responsibility to take reasonable steps to protect visitors, they may be held legally responsible for your injuries due to their negligent handling (or lack of handling) of the slick surface. In this case, the incident might have been avoided if the slick surface had been appropriately cleaned or a prominent sign had been placed to warn patrons.

Evaluating whether you have a slip and fall claim can often be confusing, as there is no exact science to determining whether a legal responsibility exists. As a seasoned slip and fall attorney, I have considerable experience handling these matters and can advise whether you have a strong case.

Proving a Slip and Fall Case in California

To recover damages in a slip and fall case, you will need to generally demonstrate that the property owner was aware of and/or negligently responded to a “dangerous condition.” This dangerous condition must have directly caused the slip and fall incident.

To establish liability, you must establish that one of the following scenarios is true:

  • The property owner created the dangerous condition
  • The property owner was aware of a dangerous condition and negligently failed to resolve it
  • The property should have been aware of a dangerous condition that existed for a protracted period of time

When you are injured in a slip and fall incident, you should take steps to document the incident site. Take pictures of the dangerous condition or conditions that contributed to the accident. You should also inform the manager on-site and request that they create an incident report. Request and obtain a copy of this report and any security camera footage that documented the accident. If any witnesses saw what happened, be sure to collect their contact information. Seek immediate medical attention and procure documentation of any injuries you sustained in the immediate wake of the incident.

You will have two years from the date of the slip and fall incident to file a personal injury claim. If you are only seeking to recover compensation for damaged property – such as a shattered cellphone – you have up to three years to file a claim. If the incident took place on government-owned property, such as a government agency building, you will have only six months to pursue a claim.

If your slip and fall claim goes to trial, the court will work to determine each party’s role in causing the incident. The property owner will likely argue that they should not be held liable for your injuries, even if a dangerous condition indisputably existed.

A property owner may use one or more of several arguments to deny legal responsibility, including:

  • The victim was in an unauthorized area of the property
  • The victim was not paying sufficient attention to their surroundings
  • The victim was wearing inappropriate footwear that contributed to the accident
  • The property owner did take steps to identify the dangerous condition (such as signs or cones) that were ignored by the victim

The judge and jury will evaluate these claims and ultimately assign a percentage of fault to both the defendant and claimant. Your percentage of fault will determine how much you can recover from the final damage award. If you are found to be 20% at fault and are awarded a $10,000 judgment, for example, the award amount will be commensurately reduced by 20%, leaving you with $8,000. 

As a Temecula slip and fall lawyer, I can fight to recover damages for:

  • Medical bills
  • Lost income, missed income, and reduced earning capacity
  • Property damage
  • Physical and emotional pain and suffering
  • Loss of consortium and quality of life

If you have been injured in a slip and fall incident, I am ready to help you recover the maximum available compensation. I am extensively familiar with all types of premises liability cases and can provide you with the professional guidance you need. 


Schedule a free initial consultation with us by contacting Rob Schelling, A Professional Corporation online, or calling (951) 355-2965 today!


 

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