Slip-and-fall accidents can happen anywhere and at any time. The National Safety Council reports that in 2021, more than 6.9 million people were treated in emergency rooms nationwide for fall-related injuries, many of which happened in the workplace or during daily activities like shopping or walking on the sidewalk.
A slip or fall can leave you with serious injuries, including brain trauma, spinal cord damage, and broken bones or disfigurement. Recovery can cost thousands of dollars in medical bills and require years of doctor’s visits, surgeries, and rehabilitation.
Our Modesto slip-and-fall lawyers can help you file a slip and fall claim and negotiate fair compensation for your accident-related losses.
Slip-and-Fall Accidents Can Happen Anywhere
Slip-and-fall incidents can occur unexpectedly, leaving you injured and bewildered about what just happened. These incidents are often caused by hazardous conditions on another’s property, such as wet floors, uneven surfaces, or poorly lit areas.
Causes of slip-and-fall injuries include:
- Spills on the floor
- Loose or torn carpeting
- Freshly waxed or mopped floors
- Ice or snow that has not been removed
- Potholes in parking lots
- Broken or uneven sidewalks
- Cluttered floors
- Missing handrails
- Electrical cords across walkways
The risk of a slip-and-fall accident escalates when property owners neglect their duty to maintain a safe environment. Typically, this includes performing regular inspections to identify hazards, prompt clean-up of spills, implementing adequate lighting, and posting signage for potential dangers.
Property owners should take steps like clearing walkways, repairing uneven surfaces, and removing ice or snow to prevent slips and falls. If they fail in this duty, they can be held responsible for any injuries on the premises.
Who You Can Sue in a Slip and Fall Case
In Modesto, negligence laws hold property owners accountable for maintaining safe conditions for visitors. Property owners, managers, landlords, and businesses can be liable for slip and fall injuries when they do not uphold this duty. However, this requires demonstrating four crucial elements of a slip and fall claim:
| Element to Prove | Explanation | Evidence to Use |
| Duty of Care | Establish that the property owner had a legal obligation to ensure the safety of the property for its visitors. This involves showing the relationship between the property owner and the injured party that creates this obligation. | Property ownership documents, lease agreements indicating control of the premises, or testimonies establishing the victim’s lawful presence on the property. |
| Breach of Duty | Demonstrate that the property owner failed to take reasonable steps to prevent harm. This includes showing that the owner knew or should have known about the hazardous condition and did not correct it in a timely manner. | Incident reports, maintenance records, surveillance footage showing the hazard existed for a significant time without intervention, or witness statements confirming the lack of warning signs. |
| Causation | Prove that the injury was directly caused by the breach of duty. This means linking the property owner’s negligence directly to the accident and resulting injuries. | Medical reports detailing the injuries immediately following the incident, expert testimony linking the fall to these specific injuries, and photos or videos of the accident scene illustrating the hazardous condition. |
| Damages | Verify the extent of the injuries and losses incurred because of the fall. This includes both physical injuries and financial losses. | Detailed medical bills and records showing the treatments required for injuries, proof of lost wages or earning capacity due to the injury, and receipts for any out-of-pocket expenses related to the injury (such as medications, mobility aids, or transportation to medical appointments). |
Slip and Fall Cases Present Their Own Unique Challenges
Slip and fall cases often present unique challenges requiring careful handling. You must gather strong evidence to prove liability and secure compensation. Here’s a closer look at these challenges:
- Gathering Evidence: You must have sufficient evidence to prove a slip and fall, but gathering it can be difficult. You may have to take photos before the scene is cleaned and obtain video footage before it’s erased. You may also have trouble finding witnesses if no one saw your fall occur.
Act quickly after a fall to preserve as much evidence as possible. Berg Injury Lawyers can help you collect evidence of the scene and aftermath, proving your case for a fair settlement.
- Insurance Negotiations: Insurance companies often attempt to undervalue slip and fall claims. They may try to get you to give a statement admitting to fault or offer a low settlement, hoping you’ll agree without knowing what your claim is worth.
Working with a skilled attorney from Berg Injury Lawyers can protect your rights and ensure fair negotiations on your behalf.
- Proving Liability: Establishing a property owner’s negligence involves showing they knew about the dangerous condition but failed to act. This can be challenging, as they might claim they didn’t know or that you contributed to the accident.
Our qualified attorneys can help you navigate comparative fault and get you the compensation you deserve.
Your Legal Options After a Slip or Fall Injury
As an injured party, you can seek compensation for your injuries if they result from another’s negligence. This includes medical expenses, lost wages, and pain and suffering.
- Personal Injury Claim: Seeking compensation after a slip and fall usually starts with a personal injury claim. This means negotiating privately with the responsible party or their insurance to reach a settlement, avoiding court.
- File a Lawsuit: If filing an injury claim doesn’t work or the settlement offer you receive after negotiation is too low, the next step is to file a lawsuit. This takes the case to court where a judge or jury decides on the amount of compensation you may receive.
Our attorneys at Berg Injury Lawyers can guide you through every stage of your case, from choosing the best legal action to representing you in negotiations and court if necessary.
Why You Need a Lawyer to Negotiate the Right Settlement After Your Fall Injury
Having a lawyer negotiate your settlement after a fall injury is crucial for securing the compensation you deserve. Our Modesto slip and fall lawyers bring more than 40 years of experience to the table, improving your chances of a favorable outcome.
Here’s how our decades of experience can benefit your claim:
- Experienced Guidance: Our attorneys can explain your rights, protect your interests, and guide you through filing your slip and fall claim.
- Higher Settlements: Using our expertise and experience, we strive to ensure you receive the maximum compensation that fully accounts for how your injury has affected your life.
- Negotiation Skills: Our skilled negotiators will advocate for your interests in negotiating with insurance companies to secure the most favorable settlement.
- Insurance Liaison: Our lawyers will manage all interactions with insurance companies, making sure your claims are given the attention they deserve and handled promptly.
- Procedural Handling: Our team will take care of every aspect of your case, including submitting paperwork and adhering to important deadlines, so you can concentrate on getting better.
Contact the Modesto Slip and Fall Lawyers at Berg Injury Lawyers
If you’re injured in a slip-and-fall accident, you’re entitled to compensation for your losses. At Berg Injury Lawyers, our experienced legal team has a history of securing settlements for our clients that surpass what insurance companies initially offer. We have successfully won settlements up to 20 times more than the initial proposals for our clients, showcasing our commitment to maximizing your recovery. And with our No Fee Guarantee®, if you don’t win, you pay nothing. Contact us today for a free consultation to discuss your case and explore your legal options.
