Fountain Valley Slip and Fall Lawyer
Slip and Fall Attorney in Fountain Valley, CA
Falls can occur anywhere and lead to severe injury, from the grocery store aisle or parking lot to your apartment complex or office building. Dangerous property conditions that cause injury should never happen, but when they do, it’s crucial to know your rights. Learning about the duty property owners owe to visitors and factors that can impact a claim helps you take control of your legal situation. A Fountain Valley slip and fall lawyer can help.
About Bentley & More LLP
At Bentley & More LLP, we strive to understand what makes every client’s story unique. We serve consumers and employees across California by offering solutions catered to each person’s needs.
We believe in crafting legal strategies that are as unique as each client’s situation. While our personal injury attorneys have spent decades litigating cases in California courts and are not afraid to litigate aggressively when necessary, we measure our success by how we improve the lives of those we serve.
Understanding California Slip and Fall Laws
Slip and fall accidents fall under California’s premises liability laws. Property owners and others in control of property have a duty to keep common areas reasonably safe for lawful visitors. Under California Civil Code § 1714, individuals are held accountable for harm resulting from either their deliberate actions or their failure to exercise reasonable care.
Essentially, a failure to exercise reasonable care means property owners are obligated to prevent visitors from getting hurt by dangerous property defects. Despite falling on someone else’s property, some factors must be established to hold a person or entity liable for injuries. They include:
- A dangerous condition existed on the property.
- The property owner knew about the condition and failed to fix it.
- A visitor was injured by the hazardous condition.
Often, California courts look at whether the property owner had ample time to discover and fix the dangerous condition.
Common Slip and Fall Accidents in Fountain Valley
Fountain Valley is home to several busy retail shopping centers, restaurants, medical offices, parks, and apartment communities. Properties with high foot traffic should be regularly inspected to see that common areas are maintained and hazards are addressed. Common conditions that can lead to slip and fall accidents include:
- Wet floors and recently mopped areas
- Uneven sidewalks
- Broken pavement
- Loose carpeting
- Frayed floor mats
- Incomplete stairways
- Dim lighting in parking structures
- Objects left in walkways
- Lack of handrails
Unfortunately, slips and falls are especially hazardous for the elderly community. For seniors 65 years of age and older, falls are the most common cause of injury. Every year, more than 14 million Americans, or one in four persons 65 and over, report having fallen.
Although not all falls cause injuries, around 37% of fall victims reported an injury that necessitated medical attention or limited their ability to function for a minimum of 24 hours, translating to an approximated nine million injuries caused by falls.
Comparative Fault and Slip and Fall Accidents
California follows a pure comparative negligence rule. Multiple parties can be at fault for an accident. If you were partially at fault for the fall, your total recovery amount could be reduced by your percentage of fault.
For instance, if you were texting and not paying attention where you were walking but the grocery store had a spill that had been left uncleaned for an unreasonable amount of time, the court could find both parties at fault. California allows you to recover money even if you are 99% at fault for the fall.
Hire a Slip and Fall Lawyer in Fountain Valley
Many people have heard the term slip and fall, but they do not know that these slip and fall cases can get complicated quickly. Insurance companies and property owners look into whether you were responsible for causing the accident or if you should have seen the condition.
When you hire a slip and fall lawyer, it can allow you to learn more about your rights, deadlines that may apply, and evidence that could support your claim. A Fountain Valley slip and fall attorney can explain how comparative negligence may affect your potential recovery.
If you were hurt due to a hazardous property condition in Fountain Valley, you may be able to file a claim in court. Many slip and fall claims in Fountain Valley are heard by the Orange County Superior Court located at 700 Civic Center Drive West, Santa Ana, CA 92701, Orange County, California.
FAQs
What Is the Average Settlement for a Slip and Fall Case in California?
There is no typical settlement for slip and fall cases in California. Every case hinges on its specific details, including how bad the injury was, the total medical costs, how much income was lost, the insurance on hand, and how solid the proof of liability and evidence is. Some cases can settle in a few weeks through negotiations, and some go to litigation.
How Hard Is It to Be Successful in a Premises Liability Claim in California?
Premise liability cases in California can be hard to be successful in because the victim is often required to show that a hazardous condition existed and that the property owner knew or should have known about the dangerous condition, which many property owners may not readily confess. Photographs, witness testimony, maintenance records, and medical records may be critical pieces of evidence in proving liability.
What Should I Not Say to a Personal Injury Lawyer in Fountain Valley?
When speaking with a personal injury lawyer in Fountain Valley, do not withhold information about previous injuries, past accidents, or information that you think may hurt your case. Something that may seem insignificant to you now may be very important later. When you are honest with your lawyer from the beginning, he can give you better advice and be prepared for what the other side may try.
Do Insurance Companies Prefer to Settle in California?
Yes, many times insurance companies prefer to settle in California. Insurance companies often settle claims because it lessens their legal fees and uncertainty of going to trial. Sometimes it is dependent on the evidence, severity of injury, and if both sides can agree on a fair settlement amount. If there is any question about liability, litigation may be required.
Contact Bentley & More LLP
If you or someone you love has been injured in a slip and fall accident, Bentley & More LLP can help you seek the compensation that you need. Contact us today for more information.
Client Testimonials
“I can’t thank Bentley & More enough, especially Steve. After my dad’s passing in a car accident, they secured a settlement we are so grateful for. From the start, they made sure we were taken care of, handling everything so we didn’t have to worry. Steve went above and beyond, always there when we needed support, and it was such a relief knowing we were in good hands. If you’re looking for a firm that truly cares, Bentley & More is the one. Highly recommend them!” – Kevin Jimenez ⭐⭐⭐⭐⭐
Bentley & More LLP Office
Address: 4931 Birch Street Newport Beach, CA 92660
Phone: (949) 870-3800
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