Common Causes of Slip & Fall Accidents
Understanding the cause of your slip and fall accident is the foundation of what we need to do while working on your case. The cause will point us in the direction of liability. The party that is liable for your accident is the one that we will file against in pursuit of compensation and, if your case is successful, that same party will pay for your damages. There is also the possibility that the negligence of multiple parties contributed to your slip and fall accident, so we could technically file against several parties for your single slip and fall accident.
What is it that caused your slip or trip and fall accident?
- Lifted carpeting
- Slick tile flooring
- Unkempt cables and wires
- Loose dirt or debris
- Cracked asphalt or concrete
- Broken stairs
- Missing handrails
- Dimly lit walkways
Evidence for Your Slip & Fall Accident Claim
Let our Fresno slip and fall attorneys know where you had your accident and when, so we can begin investigating the scene for evidence of the property owner’s negligence. To give us the best chance of completing an effective investigation because the evidence will have the highest chance of still being available. If we aren’t notified of your accident for weeks or months, then there might be no chance of getting useful evidence, and your case will depend on your word against the property owner’s word. Call (855) 906-3699 right now if you were recently in a slip and fall accident.
Evidence that can help build your slip and fall accident claim is:
- Video footage: If you slipped and fell in a commercial location, like a retail store, then there might be a chance that your accident was caught on camera. We can notify the business to save any security camera footage that might have recorded the incident. The ability to preserve video evidence is yet another reason why it is so important to call us sooner than later.
- Eyewitness testimony: Was anyone around who saw your accident, like another shopper or a store employee? If you were able to get their name and contact information, then we can ask them to provide a written testimony about what they witnessed. In some cases, the word of an eyewitness is the best evidence available.
- Safety log: When handling slip and fall accident cases that originated in a business, we can see if that business has an accident or safety log. If the business has a long history of accidents, then it could suggest that the property has been and is still negligently maintained, which could increase the store’s liability for your injuries.
- Medical record: Seeing a doctor after a slip and fall accident is crucial. You need to know the extent of your injuries, even if you feel “fine.” Also, an insurance company will have a more difficult time arguing the validity of your injuries if there is a medical record that shows when and why they happened.
Who is Responsible for Cracked Sidewalks?
Many slip and fall accident cases that we have seen here in Fresno are from clients who tripped or stumbled on broken sidewalks. Who is responsible for a broken sidewalk, though? It depends on the city in which the accident happened.
In Fresno, “fronting property owners” are responsible for the condition of the sidewalk directly in front of their properties. For example, if you tripped on a cracked piece of sidewalk in front of a grocery store or a neighbor’s house, then that store or neighbor would likely be liable. However, if the sidewalk damage has been caused by tree root intrusion, then the property owner is not liable, but the City of Fresno is. Suing a municipality or public entity like a city adds legal complications to a case, but they are nothing that our team cannot handle.
Can You Sue Your Landlord for a Slip & Fall?
Another common slip and fall accident case is the type that involves a tenant slipping or tripping in their housing complex. If you slipped in your own apartment, townhouse, or condo, then you probably can’t hold your landlord or the housing complex manager liable for your accident. If you fell in a communal area, though, then the situation is much different, and you might be able to sue your landlord.
Communal areas in residential complexes usually include:
- Walkways into or between buildings
- Laundry facilities
- Pool and spa areas
- Tennis or basketball courts
- Steps leading to separate floors
Invitees, Licensees & Trespassers in Slip & Fall Cases
The reason you were on someone else’s property when you slipped and fell is important for your case because the relationship between you and the property owner changes the duty of care that they owe you. The greater the duty of care that the proprietor owes you, the simpler it becomes for us to pursue compensation on your behalf by holding the property owner liable.
Three proprietor-visitor relationships in the law are:
- Invitee: If you were on the premises to conduct business that benefits the property owner, such as a shopper or home service specialist, then you were an invitee. Property owners owe invitees the greatest duty of care.
- Licensee: If you were on the premises for your own benefit or for social reasons, such as a door-to-door salesperson or a visiting friend, then you were a licensee. Property owners owe invitees a reduced duty of care.
- Trespasser: If you were unlawfully on the premises, not allowed on them, or intended to commit a crime while there, then you were a trespasser. Property owners owe trespassers a minimal duty of care, but trespassers can still file a lawsuit in some cases.
Make Sense of Your Slip & Fall Case – Call Us Now
Many legal twists can complicate what at first seemed like a straightforward slip and fall accident claim. To make certain you can navigate them, team up with the Fresno slip and fall accident attorneys of BD&J, PC. We are here to make your case as simple for you as possible, remove the most amount of stress from the situation, and secure maximized compensation in your name.