Can I Sue if I Fall on a Sidewalk in California?

If you or a loved one sustains a slip and fall injury on another person’s property, you may be able to recover compensation for your losses. However, there are specific requirements that must be satisfied in order to bring and win a successful slip and fall claim. Here, we want to review what makes a strong slip-and-fall case, including examining what negligence means as well as the types of compensation you may be able to receive. 

Negligence and Slip and Fall Claims: The Property Owners

Filing a slip and fall accident claim against a property owner can be challenging, particularly when it comes to determining who the actual property owner is. In many cases, sidewalks around the state of California are owned and operated by municipal entities, but there are times when sidewalks belong to companies or private property owners.

The first task for a premises liability lawyer will be to examine who owns or operates the property where the sidewalk slip and fall accident occurred. The next will be to examine the evidence related to the incident to determine whether or not a claim will be viable. In order to win a sidewalk premises liability claim, it must be shown that the property owner was negligent.

Depending on the circumstances, negligence on the part of the property owner could include a range of actions or inaction. This includes knowing about a particularly unsafe portion of the sidewalk but failing to take steps to remedy the situation. This can also include failing to warn destructions of known hazards related to the dangerous sidewalk.

Filing the Injury Claim

Filing an injury claim is not always straightforward, particularly depending on the alleged negligent party in question. For example, most personal injury claims must be filed in civil court within two years from the day the injury occurs. However, claims involving government entities are handled differently and have much more strict timelines and filing procedures in place.

We strongly encourage you to reach out to a skilled Oakland slip and fall lawyer who has experience handling these claims. Your lawyer will understand the steps that need to be taken, and they will handle all of the investigation and filing processes on your behalf.

Types of Compensation That You Could Secure

Individuals may be able to recover a range of types of compensation if their slip and fall claim in California is successful. The goal is to recover the compensation an injury victim needs to make themselves “whole,” which includes the recovery of economic and non-economic damages.

Economic damages associated with a slip and fall accident claim revolve around calculable expenses the victim is likely to endure. This includes, but is not limited to, the following:

• Any medical bills related to the incident
• Physical therapy or rehabilitation costs
• Medications and medical devices
• Lost income if a victim cannot work

Non-economic damages associated with a slip and fall claim tend to be more immeasurable, but they are equally as important. This type of compensation is designed to assist with a victim’s physical pain and suffering, emotional and psychological trauma, and any loss of quality of life caused by the incident.

There is no set amount of compensation paid to slip and fall injury victims in California, but your lawyer will work diligently to recover the compensation you need to make as full of a recovery as possible.