If you’ve injured after a slip and fall, you may be entitled to compensation. Here’s everything you need to know about filing a slip-and-fall lawsuit in California.
How Long Do You Have to Report a Slip and Fall in California?
The statute of limitations to bring a slip and fall personal injury lawsuit in California is two years from the date of the accident.
How Much is a Slip and Fall Lawsuit Worth?
The average slip and fall settlement is worth between $15,000 and $45,000. The amount of compensation awarded oftentimes depends on the severity of the injury. Compensation is awarded based on the plaintiff’s monetary losses, plus compensation for pain and suffering. Financial losses are based on direct “out-of-pocket” losses that occur because of the fall.
How Long Do You Have to Go to The Doctor After a Slip and Fall?
The sooner you go to a doctor after a slip and fall accident, the better. It is recommended to seek emergency medical help within 72 hours of a slip and fall accident. If a family doctor cannot be reached in a 72 hour period, go to an emergency room or walk-in clinic.
What to Do After a Slip and Fall Accident
- Notify a nearby individual of your incident. If you are seriously injured, call 911 if able.
- Capture the scene of your accident as much as possible by taking video or photos.
- Give an official statement to a store manager, homeowner, or proper point of contact and tell them to file an accident report.
- See a doctor once you are ready to leave the location of the accident; you will want a same-day medical record showing your injuries.
- Call an attorney to get your premises liability claim started.
A claim will be filed with your local courthouse. Make sure to provide necessary documents to all parties involved.
How Long Does a Slip and Fall Case Take to Settle?
In order to cut time off of your slip and fall case, settle with the insurance company rather than going to trial. A settlement generally only takes a few months, while an injury trial will have to wait for a court date, something that could take several months in a busy courthouse.
Related: Slip and Fall Out of Court Settlements
What to Prove to Win a Slip and Fall Case in California
In order to prove a slip and fall case in California, the following four elements must be proven:
- Dangerous Condition: The defendant knew about or should have known about the dangerous condition and did nothing to remedy the safety hazard.
- Previous Knowledge or Notice: The condition must have been hazardous and preventable. For example, if a person slips on spilled milk before a grocery store could reasonably clean it up, the grocery store cannot be held liable. However, if someone spills milk and the spill is left there for 30 minutes and then someone slips, the grocery store can be held liable.
- Owed Duty: An owner or manager on the premises is responsible for remedying hazardous situations, such as a spill because they have an owed duty to the public. Regular staff (that do not hold a managerial position) likely do not have an owed duty.
- There must be a real and provable injury for compensation to be gained.
Related: Grocery Store Slip and Fall Cases in California
Are slip and fall cases criminal or civil?
Slip and fall cases tend to be civil unless the slip and fall occurred as a result of malintent. For example, the store owner made the floor wet in a certain aisle, so that a customer would slip.
Related: Civil vs. Criminal Law: The Difference
Contact Us
If you or a loved one would like to file a slip and fall lawsuit in California, get your free consultation with one of our California Slip and Fall Attorneys today! We won’t charge you a dime unless you win your case.