Understanding the Legal Aspects of Slip and Fall Cases in Lincoln

Slip and fall accidents can occur anywhere in Lincoln, California, including stores, parking lots, sidewalks, and private property, which may result in serious injuries and financial burdens. Slip and fall accidents are under the purview of premises liability. This law holds property owners liable for failing to keep proper conditions for safety. At busy locations, such as highway intersections or businesses in the neighborhood, numerous hazards are present, including wet floors or uneven surfaces. Knowing California's specific laws can allow an injured victim to pursue compensation for their accident. This article will discuss premises liability, the duty of care of the owner, common causes of an accident, common injuries sustained, what compensation is available, what is needed to prove neglect, steps to take after an accident, and more. 

What is Premises Liability? 

Premises liability is a legal principle under California Civil Code Section 1714, which states that everyone is responsible for injuries caused by their failure to exercise ordinary care in managing their property. Slip and fall cases are a subset of premises liability claims, in which a visitor is injured due to a hazardous condition on someone else's property. Unlike broader premises liability (which includes dog bites or inadequate security), slip and fall cases specifically involve hazards that lead to a fall. In California, property owners can be held liable if they knew or should have been aware of the danger and failed to take reasonable steps to address it. 

Owner's Duty of Care 

The duty of care a property owner owes depends on the type of visitor. Invitees, such as customers, are owed the highest duty, meaning property owners must take all reasonable steps to prevent hazards. Licensees, like social guests, are owed a lower duty of care. Trespassers are owed only a minimal duty, which primarily means owners must not intentionally cause them harm.

For commercial properties in Lincoln, owners are responsible for protecting against foreseeable hazards, such as slips and falls caused by weather-related conditions near entrances. If a property owner fails to uphold this duty, for example by ignoring a reported spill, they may be held liable for resulting injuries.

 

Common Causes of Slip and Fall Accidents 

Most slip and fall occurrences are due to hazards that can be avoided. Examples include: 

• Wet or Slippery Surfaces: Spills, leaks, rain tracked indoors, or freshly mopped floors without warnings. 
• Uneven or Damaged Flooring: Cracked sidewalks, loose tiles, torn carpets, or uneven transitions between surfaces. 
• Poor Lighting or Obstructions: Dimly lit areas hiding hazards, cluttered walkways, or loose mats and rugs. 
• Weather Conditions: Ice, snow, or rain can make outdoor areas slippery, especially when not properly maintained. 
• Other factors include: dusty floors, unsecured objects, or human errors such as improper footwear. 

In workplaces or public spaces in Lincoln, these issues often arise from negligence in maintenance. 

Common Injuries in Slip and Fall Accidents 

Slips and falls can cause a range of injuries due to the sudden impact. Frequently reported ones include: 

• Broken Bones and Fractures: Common in wrists, arms, hips, ankles, and legs, especially among older adults. 
• Traumatic Brain Injuries (TBIs) and Concussions: From head impacts, leading to cognitive impairments or long-term effects. 
• Soft Tissue Injuries: Sprains, strains, tears in ligaments or muscles, bruises, and contusions. 
• Spinal Cord and Back Injuries: Herniated discs, compression fractures, or paralysis. 
• Knee, Shoulder, and Joint Injuries: Dislocations, torn ligaments, or fractures in knees, shoulders, or hips. 

These injuries can very often require a multitude of medical treatments, resulting in permanent disability. 

Available Compensation 

Victims may recover compensatory damages for losses caused by the fall. This includes: 

• Economic Damages: Medical bills, lost wages, future earnings, and rehabilitation costs. 
• Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life. 
• Other Damages: Property damage or wrongful death benefits, including funeral expenses. 

In California, the average slip and fall settlement ranges from $15,000 to $120,000, depending on the severity of the injury, with higher amounts (up to millions) for catastrophic cases. Factors like surgery can increase values from $25,000 to over $125,000. 

Proving Negligence in Your Case 

To establish negligence, prove four elements: duty of care, breach, causation, and damages. Key evidence includes: 

• Photos of the hazard and scene. 
• Witness statements and security footage showing the condition's duration. 
• Maintenance records or incident reports proving notice. 
• Medical records linking injuries to the fall. 

Demonstrate that the owner had actual or constructive knowledge of the hazard. 

Steps to Take After a Slip and Fall Accident 

Immediate actions can strengthen your case: 

1. Seek Medical Attention: Even if injuries seem minor, get evaluated to document conditions. 
2. Document the Scene: Photograph hazards, injuries, and the surrounding area; note details such as time and weather conditions. 
3. Report the Incident: Notify the property owner or manager and request a formal incident report. 
4. Gather Witness Information: Collect contact information from witnesses. 
5. Preserve Evidence: Keep clothing, shoes, and avoid discussing fault. 

For government properties, file a claim within six months of the incident. 

Other Relevant Legal Aspects 

California uses pure comparative negligence, allowing recovery even if you're partially at fault, with damages reduced proportionally (e.g., 30% fault reduces a $100,000 award to $70,000). Almost all claims have a two-year statute of limitations. Still, claims against a government entity have a six-month statute of limitations. Defenses can be based on a generally "open and obvious" hazard or the victim being distracted. Defending these claims can also include proving that the defendant gave notice of the danger and/or arguing bias against the claimant. 

Contact Us for a Free Consultation Today 

There is no need for you to take on the complexities of a slip and fall case by yourself. Call the Law Office of Brian P. Azemika today for a free, no-obligation case review. Our offices are located in Sacramento and Roseville, and we represent clients in Lincoln and the surrounding areas. Give us a call or contact us online to begin seeking the justice you deserve.