Premises Liability

Slip and fall and other accidents on any premises can occur in many different ways . No matter how or where the accident occurs, one thing remains the same: they can result in serious and permanent injuries that can have devastating long lasting effects. If you, or someone you care about, has been injured in a slip and fall accident, contact our law firm for an “instant” FREE and CONFIDENTIAL evaluation of your slip and fall injury by completing our online consultation form or contact us to discuss any questions you may have.

 Frequently Asked Questions Regarding Slip and Fall Cases

What is a “slip & fall” accident?

To be very precise a “slip & fall” accident occurs when a person falls due to a slipperiness of the surface of the floor. The phrase has sometimes been used more generically, however, to include just about any fall that occurs on someone else’s premises. In a broader context, it would include a “trip & fall” or a misstep and fall caused by a change in surface elevation. A more accurate term to describe all of the accidents that result from falls on premises would probably be “fall down” accidents. As a broad general rule, the owner of a house, a building, a parking lot, or other premises is responsible for injuries resulting from an unreasonably dangerous condition which causes a slip and fall on the premises. An occupier of the premises, such as a tenant in an apartment building or a storeowner who leases a store, may also be liable for injuries if the occupier has control over the premises in which the injury occurred.

A “slip and fall” accident may be caused by:

• an uneven floor
• an unseen danger such as a hole covered up by a rug
• poor lighting
• a slippery floor surface

Is the owner of the business or other premises legally responsible for injuries sustained in “slip & fall” or “fall down” accidents?

In California, the obligation or duty of the landowner to the injured person changes to some degree depending upon the particular status of that person at the time of the fall. Generally, the duty of a property owner is to maintain the premises in a reasonably safe condition and to warn a visitor of any dangerous conditions that are known, or should be known to him.

What are the defenses that I can expect will be raised against me in my claim based upon a fall on someone else’s premises?

One of the most common defenses is to deny the existence of any dangerous condition on the premises or to deny having timely knowledge of its existence. Another common defense is to argue that you were careless or negligent in failing to observe the dangerous condition (the spill, the hole, the uneven surface, etc.) and, as a result, should either have all compensation denied or reduced according to your own percentage of comparative fault.

How is my lawyer paid? What if I can’t afford a lawyer?

The Spear Law Firm handles all cases on what is called a “contingency fee” basis. This means that no fees or costs are charged unless we collect money damages for you. All of the consultations with our office are absolutely free. When you receive compensation, meaning we have successfully concluded your case, either by settlement or litigation, our fees are a percentage of the gross settlement. This percentage is agreed upon before we begin work, is in writing signed by you and the attorneys and is 33 1/3% prior to filing suit and 40% after the lawsuit is filed, up through trial.

The attorney’s fee is separate from the “costs” that the firm advances on behalf of the client. “Costs” include expenses for obtaining copies of medical records from hospital and doctors, investigations fees, expert witness fees, accident reconstructionists, filing fees at the courthouse, costs of taking depositions, etc. We advance all costs related to your case. Only upon obtaining a recovery for a client are we are reimbursed the costs advanced by us.

FREE CONSULTATION

f you, or someone you care about, has suffered injuries in a slip and fall accident, contact our law firm for an “instant” FREE and CONFIDENTIAL evaluation of your slip and fall injury by completing our online consultation form or contact us to discuss any questions you may have. Attorney Bradley H. Spear will personally provide detailed and comprehensive answers to your important questions by reviewing your completed questionnaire, evaluating your claim and responding to you, either by e-mail or telephone, within 24 hours.  We will answer your questions, without charge, and there is no obligation to use our services.

For more information, or to discuss your specific case, contact the Spear Law Firm of the San Fernando Valley.