Understanding Premises Liability Claims In California

In this article, you will discover:

• The types of accidents that fall under the category of premises liability.
• The most common causes of slip & fall incidents.
• The most common injuries caused by slip & fall incidents.

What Accidents Or Incidents Fall Under The Category Of Premise Liability That Occurs Across California?

Experiencing a slip and fall in public can indeed be embarrassing. However, it’s essential to recognize that not every incident warrants immediate concern. Nevertheless, the severity of a slip and fall should prompt a closer examination of the incident’s details. Generally, the broader category of premises liability encompasses a wide range of slip and fall incidents, including:

1. Slipping and falling on the ground of a location;
2. Falling into a hole or gap;
3. Being injured by something falling from a sign or shelf;
4. Sustaining injuries in a pool due to inadequate depth or improper labeling;
5. Drowning incidents, covered under premises liability;
6. Dog bites or injuries caused by animals on a property;
7. Accidental or intentional discharge of a firearm;
8. – And much more…

Each of these circumstances carries varying degrees of liability. As such, it’s crucial to discuss the specific details of the incident with your attorney, as there are certain nuances and caveats to consider when determining liability and pursuing legal action.

What Are The Most Common Causes Cited In Slip-And-Fall Accidents That Occur?

Slip and fall incidents represent some of the most common premises liability cases, and they often involve a variety of factors. Your specific accident may stem from one or two main causes, or a combination of factors, such as…

• Wet And Uneven Walking Surfaces

Loose floorboards, floor mats, worn-out carpeting, uneven carpeting, freshly waxed or mopped surfaces, potholes in parking lots, uneven or defective sidewalks, poorly constructed staircases, cluttered floors, and damp spots or water accumulation on the ground are significant hazards.

• Weather Conditions

Property owners have a duty to address weather-related hazards, such as snow and ice accumulation on sidewalks or slippery floors caused by rain. Furthermore, proper maintenance of roofs to prevent leaks during rainy weather is also important.

• Poor Training

Employees, managers, and supervisors must undergo proper training to prevent slip and fall accidents in commercial settings. This includes educating staff on how to mitigate hazards for both themselves and customers or guests on the premises.

• Stray Cords And Electrical Wires

Cords for telephones, internet, power, and cell phones can pose tripping hazards if not properly managed. Construction sites may also have exposed wires across sidewalks, increasing the risk of accidents.

• Nursing Home Negligence

Failure to monitor residents in nursing homes can lead to slip and fall accidents among the elderly population. Furthermore, footwear without proper grip or that is damaged can increase the likelihood of slipping and falling.

• Broken Or Damaged Handrails

Handrails are essential for maintaining balance and preventing falls on staircases or in handicap stalls. If handrails are not properly maintained or secured, they can contribute to accidents.

• Poor Lighting

Inadequate lighting in stairwells, outdoor areas, or parking lots can obscure hazards and increase the risk of slip and fall accidents, especially during nighttime or emergencies.

While this list covers many common causes of slip and falls, it’s important to note that there can be additional factors involved. Consulting with an experienced attorney is advisable if you believe you have a valid slip and fall case, as they can assess the specific circumstances and provide guidance on your legal options.

What Are The Most Common Types Of Injuries That Result From Slip-And-Fall Incidents?

While slip and fall incidents can result in various types of injuries, the most common ones include…

• Broken Bones

Elderly individuals or those with osteoporosis are particularly susceptible to fractures, including hip fractures, when they fall with sufficient force. Traumatic brain injuries (TBIs): A fall can cause a TBI if there is significant movement of the brain within the skull. This can result in serious secondary injuries if not promptly recognized and treated.

• Soft Tissue Injuries

Even if bones are not broken, slip and fall victims can suffer painful and serious soft tissue injuries, such as torn muscles, ligaments, and tendons. These injuries can lead to pain, swelling, bruising, and permanent damage to the soft tissue.

• Sprained Or Broken Ankles And Wrists

Uneven steps or attempts to brace a fall with the hands can result in sprained or broken ankles or wrists. These injuries may require surgery and have long healing times.

• Knee Injuries

Twisting during a fall can cause injuries to the knee, such as torn ligaments (MCL, ACL), dislocated patella, or other damage requiring surgery. Such injuries increase the risk of developing arthritis in the future, potentially necessitating knee replacement surgery.

• Dislocated Shoulder

Falling onto the side or hitting the shoulder during a fall can lead to a dislocated shoulder, where the upper arm pops out of the shoulder socket. This joint is particularly vulnerable due to its mobility.

• Spine And Nerve Damage

Slip and falls can cause intense pain, weakness, tingling, or even paralysis due to spine or nerve damage. Disc herniations may require fusion or replacement surgery, particularly in the cervical or lumbar regions of the spine.

• Cuts And Bruises

Slip and fall accidents can result in cuts, scrapes, and bruises. Documenting these injuries with photographs is important for any potential legal claims.

• Chronic Pain

Some slip and fall victims may experience chronic pain, limiting their ability to work or participate in activities they once enjoyed.

These injuries can have significant and long-lasting effects on the lives of slip and fall victims. As such, it’s crucial to reach out to a knowledgeable attorney if you believe you are experiencing the lasting impacts of a slip and fall, as they can help you understand your legal rights and pursue appropriate compensation for your injuries and losses. For more information on Filing A Premises Liability Claim In California, an initial consultation is your next best step.