Slip and falls can happen for all sorts of reasons, but no matter the cause, the victim is likely to suffer devastating injuries. Broken bones, herniated disks, soft tissue damage, and brain trauma can be expensive to treat and put the victim out of work for weeks or even months. Our Los Angeles slip and fall attorneys are here to help you and your loved ones fight for the compensation you deserve.
Our law firm is available 24/7 to take your call. Dial 1-800-GO-HARRIS to schedule a free consultation. We accept cases on a contingency fee basis, so no attorney’s fees will be owed unless we win.
Our Los Angeles Slip and Fall Attorneys Are Experienced in Defending Injury Victims
There are dozens of tactics the insurance company or property owner/possessor might use to dispute your claim. Our Los Angeles slip and fall attorneys can help you stay one step ahead by anticipating the disputes that are most likely to arise given the facts of your case—and preparing accordingly.
Below is an overview of just some of the reasons why the opposing party might dispute your claim:
- Lack of Actual or Constructive Knowledge: Most slip and fall claims are filed by “invitees,” which are people who are invited onto a premises for business dealings with the property owner or possessor. Examples include customers at a grocery store and patrons at a restaurant. Property owners and possessors have a duty to ensure their premises are reasonably safe for invitees by inspecting their premises and resolving hazards in a reasonable amount of time or posting clearly visible warnings about them. For an invitee to prevail in a slip and fall case, it’s usually necessary to prove that the defendant (or one of their employees) had actual or constructive knowledge of the hazard in question—such as a spilled liquid or freshly mopped floor. If neither the defendant nor one of their employees knew about the dangerous condition (actual knowledge) or should have known about the dangerous condition through the exercise of reasonable diligence (constructive knowledge), it may be argued that the duty of care was not breached and, therefore, you aren’t entitled to damages.
- Your Own Negligence Was a Contributing Factor: If you were caught on camera doing something negligent that contributed to the slip and fall, you might be held partially or entirely liable for the resulting damages. For example, if you purposely slid along a spilled liquid for fun and suffered an injury as a result, it’s unlikely that the property owner would be responsible.
- The Duty of Care Was Not Breached: Proving that the duty of care was breached is an essential element in winning a negligence claim. We’ve already mentioned that it may be necessary to prove actual or constructive knowledge in order to establish that the duty of care was breached, but there are many other circumstances when a defendant might dispute negligence. For example, if you were a trespasser or licensee, the property owner wouldn’t have had a duty to inspect the premises for dangerous conditions. Alternatively, if you were an invitee at a business and you slipped and fell despite there being a clearly visible warning sign, it’s probable that the duty of care was not breached.
- You’ve Failed to Mitigate Your Damages: Even if your Los Angeles slip and fall lawyer is able to prove negligence, a dispute could still arise if you fail to mitigate your damages—i.e. if you fail to take reasonable steps to minimize the medical bills, lost income, and other damages you incur. Such a dispute might arise if the insurance adjuster finds out that you’ve ignored your doctor’s instructions by participating in strenuous activities, missing medical appointments, failing to fill your prescriptions, or returning to work too early. To avoid this scenario, make a concerted effort to facilitate your recovery and to minimize any expenses related to your injury.
- The Statute of Limitations Has Passed: There are strict deadlines for filing personal injury lawsuits. These deadlines are prescribed in statutes of limitations. If the deadline that applies to your case has passed, the opposing party is unlikely to pay a settlement since your case will almost certainly be dismissed if you file suit. To protect your claim, it’s important that you initiate the proceedings as soon as possible. After you’ve visited a doctor for a medical evaluation—which should happen on the same day as the injury or at least within 48 hours—your next call should be to a slip and fall attorney in Los Angeles.
Set up a Free Case Review with a Los Angeles Slip and Fall Attorney
At Harris Personal Injury Lawyers, we have many decades of combined experience helping slip and fall victims navigate through complex legal proceedings. We have the resources to go up against even the largest corporations and insurance companies.