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Many people may hear the term “slip and fall” and think it describes minor injuries, but the reality is that slip and fall incidents are one of the leading causes of accidental injuries, deaths, missed time from work, and personal injury claims in the United States. Slip and fall incidents can occur in many places, but when they happen on private property, the property owner is liable for the victim’s damages if the incident occurred because of a foreseeable safety risk or their failure to properly maintain the property.
Suffering a slip and fall injury can lead to uncertainty and economic distress for the victim and their family. If you or a loved one recently suffered a slip and fall in San Francisco, Santa Clara, San Joaquin, and San Benito counties, in Novato, or anywhere in Northern California, it is vital to understand the state’s premises liability laws and how they will come into play in the legal proceedings you likely face.
Rush Injury Law can provide the legal representation you need after experiencing a slip and fall in the Novato area. Our team has years of experience guiding clients through complex personal injury lawsuits, and we can apply this experience to your case. We’ll assist you in assessing your damages and holding the property owner accountable for the injuries you suffered while legally present on their property.
You might assume that if liability for your recent slip and fall injury is readily apparent that you do not need to hire a lawyer to represent you as you work toward securing compensation for your losses. This is an unwise decision, as the average person with no legal training or experience is likely to overlook crucial details that can significantly influence their case. Additionally, filing any type of personal injury claim with the civil courts of Northern California means meeting strict procedural requirements. Failure to meet these requirements could have your case thrown out or cause significant delays in the court’s handling of your claim.
Hiring an experienced Novato slip and fall lawyer will not only reduce the chances of procedural red tape interfering with your recovery but also increase the chance of maximizing your recovery to the fullest extent allowable under California law. When you choose personal injury lawyers at Rush Injury Law to represent you, we will uncover every channel of compensation available to a client and guide them through the most complex legal proceedings their cases entail.
When a slip and fall injury occurs on private property, liability for the injury generally falls to the property owner. Every private property owner has a duty of care to ensure their properties are free of obvious safety hazards to lawful visitors. If a property owner notices or encounters a safety hazard that would be likely to cause an injury to a lawful guest or visitor, the property owner has a responsibility to immediately correct the issue, post a prominent warning of some kind, or verbally warn visitors of the hazard if they are likely to encounter it.
Determining fault for a slip and fall injury often comes down to establishing “foreseeability.” If a reasonable person would likely foresee a hazard causing an injury to a lawful visitor, then the property owner’s duty of care extends to addressing the hazard in a timely and effective manner. “Lawful” is an important distinction as well when it comes to premises liability claims. Property owners in California have a duty of care to lawful visitors who they invite to their properties for their own reasons, as well as licensees who have implied permission to enter their properties for their own purposes, such as utility company workers and mail carriers. Property owners do not, however, owe any duty of care to trespassers or intruders.
Slip and fall injury claims can entail a wide range of injuries, including:
Ultimately, a slip and fall incident can cause multiple injuries, and some of these injuries can cause lifelong medical complications for the victim.
If you want to succeed with a personal injury claim for a slip and fall injury in Novato, CA, the first step is determining who is responsible. You and your attorney must prove the property owner is liable for the hazard that caused your injury, that it was foreseeable and preventable with proper care and attention, and that your claimed damages directly resulted from the slip and fall incident.
Suffering a slip and fall on public property leads to a very different set of legal proceedings for the victim. While a slip and fall on private property would leave the private property owner liable for the victim’s damages, public property is owned and controlled by the government, and most government entities are protected from civil claims through sovereign immunity. If your slip and fall injury occurred on public property, you would likely need to file a claim for damages against the government entity responsible for the property. However, this is very different from a standard civil claim, entails more statutory restrictions, and has a much shorter statute of limitations time. Additionally, the plaintiff must prove the hazard was the result of negligence or that a reasonable person could have identified and addressed the hazard before it caused the injury.
A slip and fall injury qualifies for civil action under California personal injury law, and the plaintiff has the right to claim compensation for any and all damages resulting from the incident. Your Novato slip and fall lawyer can potentially help you recover:
When you hire the right Novato slip and fall lawyer to represent your claim, your compensation could be much more than you initially anticipated
A reasonable attorney will have a tremendous impact on your case. First, they can handle all of your procedural requirements, such as court filing deadlines and preliminary motions, so you don’t need to worry about them. You can rest and recover from your injury with peace of mind that your case is unfolding as it should, thanks to your attorney. You can also rely on your attorney to help you gather the evidence you will need to identify the defendant and establish their liability for your damages.
Perhaps the most essential service your attorney can provide is accurately calculating the full scope of your claimable damages. Many personal injury victims can calculate immediate damages like medical expenses and lost income but will not know how to account for long-term damages resulting from their experiences. Some may even be unaware they have the right to claim these damages in the first place.
Rush Injury Law has helped hundreds of clients in the Novato, CA, area recover their damages from all types of personal injuries, including slip and fall incidents caused by negligent property owners. If you believe you have grounds for a slip and fall injury claim in the Novato area, time is a critical factor when it comes to ensuring your recovery. California enforces a two-year statute of limitations for personal injury claims, meaning you must file your claim within two years of the date your injury occurred. This may seem like plenty of time, but it’s vital to secure legal counsel as quickly as possible to ensure the freshness of evidence you may require for establishing fault for your damages and hold the defendant accountable.
If you or a loved one is struggling with the aftermath of a slip and fall injury and you believe someone else is to blame, Rush Injury Law can help you hold them accountable for your damages. Contact us today to schedule a free case review with our team and find out how an experienced Novato slip and fall lawyer can assist with your recovery.
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