Every day people in Los Angeles County are injured when they slip and fall in supermarkets and grocery stores such as Ralphs, CVS, Albertsons, Food 4 Less, Target, Sears, Home Depot, Ikea, Whole Foods, Walmart, Best Buy, El Super, and Vons.
Slip and fall accidents can cause serious injuries like broken bones, slipped discs, bulging discs, herniated discs, impinged nerves, sore backs, headaches, knee injuries, torn meniscus, chondromalacia, bone contusions, fractures and crush injuries.
Proving a Slip and Fall Case
"Slip and Fall" cases and "Trip and fall" cases are in a category of personal injury law known as "premises liability." In these type of cases, generally the Plaintiff in the lawsuit has to prove two things to prevail: (1) Liability; and (2) Damages.
Proving Liability
The big issue in proving liability against a store in a slip and fall is notice. The Plaintiff must prove that the grocery store was on notice of the dangerous condition. That can be done by proving that the store actually knew about the dangerous condition, or by proving that the store should have known of the dangerous condition which caused the fall. These are some common examples:
- If you slipped on water or liquid on the floor and the store employees had reason to know that the water or liquid was on the floor but failed to clean it up or warn you about it the store will be liable to pay for your damages.
- If you slipped on water or liquid on the floor and the store employees did not perform regular inspections to find and clean dangerous conditions the store may be liable for your damages.
- If you tripped on a hump in the carpet and the store employee had reason to know or should have known that the hump existed they may be liable for your damages.
- If you tripped on an uneven surface the store may be liable for your damages if the design of the floor was not safe.
- If something fell on you and caused injury the store may be liable if they created the condition which led to the item falling or should have known it might fall.
Our attorneys at Strassburg, Gilmore & Wei, often use expert witnesses to prove that the store was on notice. Expert witnesses used to prove notice are usually experts in the field of engineering, safety practices, and accident reconstruction. These experts are able to review the facts of the case and render opinions on why the store is liable for your injury.
Proving Damages
After you have established that the store either created, knew, or should have known about the dangerous condition which caused your injury you will have to establish your damages. That is the amount of money necessary to compensate you for the injury. This may include the cost of your hospital visit or stay, surgery, future surgery, Chiropractic treatment or physical therapy. The store may also be obligated to pay your lost earnings if you missed work because of your injuries. Finally, the store would be responsible to pay for your pain and suffering.
Proving damages at trial generally involves expert testimony of either your treating physician or of retained expert witnesses.
Getting Medical Treatment
Some clients without health insurance are worried about how to get medical treatment after a slip and fall. We utilize a network of doctors, orthopedic surgeons, physical therapists, and chiropractors who will treat you on a lien basis. This means that they will give you medical treatment in exchange for a portion of the final settlement.
If you have been injured in a slip and fall accident at a grocery store, supermarket, market, convenience store or other business you need an experienced personal injury attorney to evaluate your case, get you the medical treatment you need, and then prove that the store is liable.
Strassburg, Gilmore & Wei, LLP has a team of lawyers who practice in personal injury law. We are lawyers who handle cases involving slip and falls, trip and falls, injuries and accidents in Los Angeles County, Riverside County, San Bernardino County, Ventura County and Orange County. We have attorneys who handle cases in Pasadena, Los Angeles, Glendale, Burbank, San Gabriel, Arcadia, Alhambra, El Monte Pomona, Whittier, Compton, East Los Angeles, West Los Angeles, Van Nuys, San Fernando and Norwalk.