Orange County Slip and Fall Lawyer
If you’ve experienced a slip and fall injury, you’re not alone. Each year, approximately nine million non-fatal falls are treated in emergency rooms across the U.S., according to the National Safety Council. This accounts for about 30 percent of all unintentional injury-related visits. Common injuries from slips and falls include sprains, fractures, and trauma to the wrists, hands, fingers, lower legs, ankles, feet, and toes. Additionally, many victims suffer from traumatic brain injuries (TBI), which are a leading cause of such debilitating conditions. These injuries can result in impaired thinking or memory, difficulties with movement or sensation, and problems with emotional function or behavior.
When you suffer a traumatic injury due to someone else’s negligence—such as a hazardous condition like a sudden change in flooring, an unstable surface, or a liquid spill—it’s understandable to need support with the resulting physical, emotional, and financial challenges. An experienced Orange County personal injury attorney can evaluate the specifics of your case and potentially secure damages to cover your medical expenses, lost wages, and other related costs. Contact one of the skilled slip and fall attorneys at Aitken * Aitken * Cohn for a free consultation. We are a trusted firm in Orange County for handling premises liability and slip and fall cases.
Achieving Results for Our Clients
We witness the profound impact of slip and fall accidents daily. These injuries affect not only the victims but also their families, including those who witness the incident and those who must support and care for injured loved ones over extended periods. Recognizing that each case is unique, we leverage our more than 40 years of experience to seek the best outcome for you, whether through securing a fair settlement or, if necessary, taking your case to trial. While we cannot guarantee the outcome of every case, our proven track record of success in slip and fall cases includes:
- $5,000,000 settlement: A doctor slipped on a wet hospital floor that had no warning signage and fell, damaging his knee and back. His injuries required surgery and limited his ability to practice medicine.
- $995,000 settlement: A man grabbed for a stairway railing at a vacation rental; it gave way and he fell about 10 feet, hitting his head and sustaining a traumatic brain injury. His young daughter, who witnessed the fall, was awarded part of the settlement for negligent infliction of emotional distress.
- $375,000 settlement: A man walking down bleachers at a school basketball game fell, suffering bilateral tendon tears that necessitated surgical repair. No handrails were inserted in the stairway and the metal inserts for the rails stuck up several inches and may have constituted a hazard.
- $305,000 settlement: A Thanksgiving Day guest tripped on loose tiles leading up to a homeowner’s walkway and fell, fracturing her hip and hurting her knees, back, and arms. The incident also caused the victim to have trouble sleeping and resulted in chronic pain and leg edema.
- $192,515.16 settlement: A woman walking through the parking lot of a hair salon fell into a hole of broken asphalt, breaking her leg.
- $122,500 settlement: A man walking through an entry gate into a residential complex fell into a hole left when a large concrete pilaster was knocked over three weeks earlier and not yet repaired. The victim broke his thumb, damaged tendons in his shoulder that required surgery to repair, and strained his back.
Understanding Slip and Fall Injuries
Often referred to as “premises liability” cases, slip and fall injuries occur when someone slips, trips, or falls and is injured on another person’s property. These personal injury claims typically arise when the property owner or manager fails to address or clearly mark a hazardous condition.
Our cases have varied widely, from an Italian tourist who broke his leg after tripping over a metal bracket on the Hollywood Walk of Fame, to a woman who injured her wrist from falling over a raised section of sidewalk in the city of Orange. With its many tourist attractions and amusement parks, Southern California has seen numerous slip and fall claims, many of which have been successfully resolved through litigation or settlement in favor of the victim.
Examples of injuries you may have sustained in a slip and fall accident include:
- Head injury or traumatic brain injury (TBI). You’ve fallen, hit your head, and sustained a concussion or more serious brain damage that makes it difficult to maintain your lifestyle or career.
- Broken bone. Even a slip at floor level can result in a fracture. Commonly, breaks or fractures impact wrists, elbows, legs, and hips.
- Tendon injury. The strong tissue fibers that connect muscle to bone can stretch or tear during a fall and must often be surgically repaired. Even after surgery, a tendon injury can impact your ability to maintain your previous activity levels.
- Back and spinal cord injury. The impact of a fall can strain muscles and ligaments or cause damage to the sensitive nerves around the spine. Extremely serious accidents can cause damage to vertebrae or breaks that impact mobility.
- Neck injury. Similar to back injuries, an injury to your neck can occur when you get a whiplash-type of strain or when you land on your head or neck, impacting the discs, nerves, muscles, and ligaments.
- Shoulder injury. When you fall, it’s common to put out your arms, but the resulting stress to the shoulder muscles can cause dislocation or tendon strain.
- Bruises and abrasions. Any sudden impact can lead to scrapes or bruising that, while not major, can still cause discomfort.
A slip and fall accident can lead to various injuries that require medical attention. If you are considering a premises liability claim, it’s crucial to seek medical care, even if you believe your injuries are minor.
Determining Liability in a Slip and Fall Accident
A property owner is responsible for managing his or her property and avoiding conditions that could cause injury to another person. Any person or entity (like a city government) who owns property or is responsible for maintaining property can be held liable for a slip and fall injury. In addition to property owners, business owners, managers, and even regular employees who have been tasked with performing maintenance or putting up warnings and failed to do so, may be held liable for slip and fall incidents.
Slip and fall cases usually fall into one of three areas:
- The owner or manager of a residence or business did not take steps to clear up or repair an obvious issue that could easily have been fixed or marked. This could range from a liquid spill that makes flooring slick, items in the walkway that should have been moved, or a hole in the walking area that is not marked.
- Repairs were not made to an area where a reasonable person could expect to walk safely, such as a walkway, hallway, sidewalk or parking lot.
- Potential for hazard. Weather conditions make an area unsafe and there is no signage or caution. Or, the owner isn’t taking adequate steps to ensure a clear area, like emptying overflowing garbage cans or closing an area that is proven to be dangerous in similar situations.
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If an individual who should identify a dangerous environment or situation doesn’t take steps to remedy the issue as soon as he or she becomes aware, or if he or she should reasonably have known about the safety issue, that person could be held liable for personal injuries that occur there.
What Kind of Damages Might Be Recovered When a Slip and Fall Injury Happens?
The initial medical bills you incur from a slip and fall injury may only be the beginning of the financial impact you could face due to someone else’s negligence. In your case, two types of damages are likely to be considered: economic damages, which cover out-of-pocket expenses you wouldn’t have had if you hadn’t been injured, and general damages, which address non-economic harms resulting from the injury.
Economic damages may include:
- Ongoing expenses for continuing physical therapy or treatments like massage therapy that can aid long-term muscle damage.
- Costs for any medications that your doctor prescribes.
- Expenses for transportation to medical appointments and treatments, especially if you are unable to drive.
- Time off work for treatment. Even if your injuries are minor, you may not be able to perform all your job duties like lifting or standing. You may lose salary related to your time away from work, from having to work less, or perform at a reduced level.
- Costs for hiring others perform household services you can no longer do, like mowing the lawn or caring for your kids.
Examples of general damages include:
- Compensation for the pain and suffering you had to experience, including the social ramifications of managing chronic injuries, scarring, or disfigurement.
- Ongoing emotional problems, like stress or anxiety related to the accident.
- Issues with your spouse based on your injuries, or inability to perform household or marital duties.
- Emotional distress that your family members who witnessed the accident may have. It’s not uncommon for children to have anxiety, depression, trouble sleeping, or other symptoms after they see a parent or loved one get hurt. You may also have permanently or temporarily lost your ability to maintain the same levels of activity that you did, so you’re unable to play catch, go to the playground, or engage in other parenting activities.
You may be able to recover both economic and general damages for your claim, depending on the circumstances and the severity of your injuries.
How Do Those Responsible Avoid Paying Their Fair Share?
Premises liability cases can involve gray areas, making it common for defendants to argue that the victim was partially or fully responsible for their injuries. Property owners might claim that adequate warning signs were posted or that the plaintiff was impaired by another physical condition, illness, or intoxication at the time of the incident.
It’s crucial to contact an experienced personal injury lawyer as soon as possible after your injury. This ensures you have the support and guidance needed to avoid issues like property owners pressuring you to sign away your rights or making changes to the property that could obscure who is responsible for your injury. Before your rights are compromised, enlist a qualified and compassionate attorney who can fight for the compensation you deserve.
What Will a Slip and Fall Lawyer in Orange County Cost Me?
If you’re worried about the cost of hiring a lawyer, don’t let that stop you from seeking legal representation for your slip and fall injury. At Aitken * Aitken * Cohn, we offer free consultations to discuss your case and determine the best course of action. In most slip and fall cases, we work on a contingency fee basis, meaning our fees and costs are only recovered from any settlement or judgment you receive.
What to Do if You Have Been Injured
If you’re injured in a premises liability case where you’ve slipped, tripped, or fallen, it’s important to have a compassionate and competent legal partner who can work hard to get you the compensation you may be due.
Call today at 866-434-1424 or contact us online to schedule a free consultation with an experienced lawyer at Aitken * Aitken * Cohn and enjoy the relief of having us on your side.