SLIP AND FALL LAWYER LOS ANGELES
What You Need To Know
McElfish Law Firm is a premiere lawyer in Los Angeles and specializes in handling slip and fall accidents leading to catastrophic injuries for individuals and insurers at:
- shopping centers and malls
- grocery stores, retail stores
- delis, hotels, restaurants, fast food
- gas stations
- construction sites
These types of accidents can range from slip and fall accidents, trip and fall accidents, collapsing shelves, electrocutions, falls from heights, falling objects, broken products or merchandise, food borne illnesses and accidents related to construction vehicles and industrial vehicles and machinery such as forklifts, hi-lows, wood chippers, food processors, cookers, drills or any other kind of industrial equipment. Its important to hire a qualified personal injury lawyer like McElfish Law Firm.
Slip and fall accidents in Los Angeles happen every day. They frequently occur in:
- shopping centers
- grocery stores
- retail stores
- fast food
- gas stations
- construction sites
- common wet floor
- collapsing shelves
- falling objects
- broken products or merchandise or equipment
- food illnesses
- Industrial machinery
To have a valid slip and fall claim, the property owners (or employees) should have repaired the danger but did not in a reasonable time and that caused the personal injury. Or the property owner (or employees) actually caused the accident. After an injury, we need to determine who is at fault.
Determining liability– The premise owner or employee must have caused the liquid or debris to be there or not cleaning it up in a reasonable time. Or they have known about the danger and did nothing to clean it up. What constitutes a legitimate claim?
- Did you trip or slip on a broken floor, carpet, and ground?
- Had the danger been there long enough for the owner to know about it?
- Does the premise owner provide proof of maintenance checks?
- If you tripped over something, was there reason for the object to be there?
- If the object was there for a reason but that reason is not there?
- Could a barrier have been there to prevent slipping?
- Did poor or broken lighting cause the accident?
- The conditions were under the control of defendant?
For many slip and fall cases in Los Angeles the property owner (or the insurance carrier) will try to prove that the injured party was partially or completely at fault. This is where hiring an experienced trail lawyer, slip and fall lawyer Los Angeles, is a huge advantage. Questioning of the Plaintiff includes:
- Was any of accident caused by carelessness?
- Did you have a legitimate reason for being where the danger was?
- Would a careful person have noticed and avoided the dangerous area?
- Were there any warning signs?
- Were you doing anything that distracted you or fooling around?
- What were the weather conditions?
Proving fault The more proof that the property owner (or employees) caused the accident the better your case. Documentation of injuries, medical expenses, lost wages, etc. is necessary to successfully litigate and win your case. How to prove fault- there are tools to gauge slip and fall validity such as the resistance of a floor surface done by an accredited “tribologist.” There are investigations and procedures, expert witnesses, reviewing of building plans and more. Some restaurant chains actually use cleaning agents that actually make the floor more wet. Legal precedents are especially important as a slip and fall attorney Los Angeles. McElfish Law Firm obtained a $316,000 settlement for a client who suffered personal injury due to a poorly lit staircase at a restaurant.
Negligence torts around slip and fall are as follows- Duty of care negligence claims consists of: a duty owed, a breach of that duty, and the breach was the cause or approximate cause of the plaintiff’s injury and the plaintiff actually suffered damages. Proximate cause- injury resulted due to negligence or an intentional wrongful act. (Duty owed is when a reasonable person would expect a duty owed to the safety of one party between plaintiff and defendant; such as when a customer enters the store of a business.) A defendant has breached that duty when they do not exercise care, or otherwise negligent to the public safety. All of this is only valid if there is an injury or damages to the person whom was owed the duty of care.
Slip and fall settlement amounts- It is best to not settle a slip and fall case right away. Often times the extent of a personal injury isn’t determined until later. Instead of getting a quick settlements, see if there is any other problems that come up or if any other treatment is needed. This makes your case worth more. McElfish Law Firm has doctors to refer you to if need be. Slip and fall accidents in Los Angeles are determined by the extent of the injury and other factors listed above. Slip and fall settlements can be from $10’s of $1000’s to $millions. Settlements can be paid in either a lump sum or payments. Talking to a slip and fall attorney in West Hollywood, you can get a better understanding of what monetary settlement you can get. Public liability slip and fall claims in city parks, sidewalks and other public domains.
A heart surgeon in Michigan won a settlement of $4million as he tripped over a trailer hitch in a Wal Mart parking lot while carrying a bulk package of paper towels. He suffered a spinal injury and could not do his work. The plaintiff stated the trailer hitch should have been marked with a cone. Wal Mart is the largest company that gets sued the most. There are 1,000’s of lawsuits against Wal Mart. Some are valid and some are thrown out. Building lobbies with marble floors, and poorly lit restaurants are places ripe for a lawsuit. McElfish Law Firm won a settlement of $316,000 when a restaurant patron suffered serious leg fractures and fell down stairs due to poor lighting and lack of a hand rail. Businesses have a duty owed to their patrons to keep the area free from danger and to not contribute to an unnecessarily dangerous environment. Having poor lighting makes the restaurant unnecessarily dangerous to the people in it. Making a slip and fall accident more likely even if the patron acted in a careful manner.
A slip and fall lawyer Los Angeles will be able to evaluate your case and inform you and act on your behalf as your legal counsel if you retain the services of a reputable law firm like McElfish Law Firm. For over 20 years we have been representing individuals, businesses and insurers in the area of slip and fall and other personal injury cases. From catastrophic injury to minimal injury, we will help you get the best settlement.
Verdict for traumatic brain injury victim.
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Experience when it counts.
Few personal injury firms have the experience and proven results at trial as the McElfish Law Firm. Through our decades of experience, we have honed our litigation skills and strategies in service of obtaining maximum recoveries for our clients. We will begin investigating the facts of your accident and/or injury as soon as we begin representation.