Slip & Fall ATTORNEYS
‘Slip and fall’ accidents are one of the most common types of premises liability cases. Such accidents occur when a property owner fails to maintain their property—whether it is a store, home, swimming pool, work area, or city-owned sidewalk—and someone falls and is injured as a result.
Penney & Associates has helped thousands of Californians collect damages from parties whose negligence led to a slip and fall accident. We are ready to help win the compensation needed to pay your medical costs, recover lost income, and win back peace of mind for you and your loved ones.
YOU CAN AFFORD OUR LEGAL SERVICES
Penney & Associates understands that many seriously injured slip and fall accident victims may be struggling to pay bills when they approach us for legal assistance. That is why we accept cases on a contingency fee basis, getting paid when our clients win their personal injury cases. In addition, we offer free consultations for personal injury victims, allowing us to determine the facts about your case, and explain any additional steps you may need to take before you file your claim.
On May 15, 2005, 15-year old Alexandra Ayers was participating in club volleyball at UC Santa Barbara’s Event Center. In the course of play, Ayers jumped and landed on the base area of a portable referee stand, causing an anterior cruciate ligament rupture of the left knee, as well as other injuries. The plaintiff underwent numerous surgeries, but claimed that she never fully recovered. Consequently, the plaintiff—who was considered one of the top 25 volleyball recruits in the country—lost a valuable scholarship to a major university.
In sum, the plaintiff alleged that the sloping leg configuration of the referee stand was defective, causing the stand to be in an area where players routinely landed after spiking the ball. The plaintiff contended that UCSB was also negligent by failing to replace the stands with ones that did not protrude as much as the recently installed referee stands.
Defendant Sports Imports Inc. argued that it had never had any other reported injuries with this stand. Defendant UCSB argued that the plaintiff’s parents had signed a waiver and release of liability and that the stand was perfectly safe for its intended use.
The case settled with the defendants for the sum of $295,000.
HOW WE'LL HELP YOU WIN THE COMPENSATION YOU DESERVE
Ensuring that you have proper legal representation if you are injured in a slip and fall accident is crucial, as injuries can be severe. Common injuries from a fall include broken arms and legs, ankle and wrist fractures, knee and back injuries, torn ACLs, broken hips, brain injuries, and more.
When you meet with our attorneys for a consultation, we will walk you through your slip and fall accident in order to establish what facts are known and what information we still need. We will try to determine:
- Who owns the property or managed the event?
- What was the cause of your accident?
- Was the hazard marked with warning signage?
- Was the hazard an issue that other visitors/witnesses noticed?
- Was the property owner/event manager aware of the hazard to begin with? If so, did they take reasonable action to address the danger it posed?
Once we have taken up your case, we will help with you filing your damage claim within California’s Statute of Limitations.
In addition to our legal representation in and out of court, we can also help you deal with insurance companies, both yours and those representing the defendant. Penney & Associates attorneys are familiar with the ins and outs of the insurance industry, and will help you deal with claims adjusters who are looking to limit what their companies will pay out on their policies.
Most slip and fall claims are settled out of court. However, Penney & Associates’ attorneys all possess extensive trial experience, and are more than willing to argue your case before a judge and jury, and win.
WHAT YOU CAN DO AFTER A SLIP AND FALL ACCIDENTTO PREPARE FOR FILING A CLAIM
- Medical attention comes first. If you are seriously injured, your first priority is to protect your health. Follow all medical advice provided by your doctor and other healthcare professionals, and retain copies of any documentation, prescriptions, bills, and so on.
- If the owner or any personnel come to your assistance, collect their names and any contact information, if possible.
- If there are witnesses in the area, collect their information.
- Do not speak to an insurance claims adjuster.
- Save the shoes and clothing you were wearing. Bag them up.
- Contact a personal injury attorney who specializes in slip and fall accidents.
- Carefully follow your attorney’s instructions.
WHAT ARE COMMON CAUSESOF SLIP AND FALL ACCIDENTS?
Common scenarios in which people slip, fall, and are injured include:
- Slipping on wet floors
- Tripping over obstacles or items left in walkways
- Losing footing in poorly maintained parking lots
- Construction accidents
- Slipping or being tripped on a wet swimming pool deck
- Tripping in a dimly lit restaurant
- Falling down stairs or over bleachers in stadiums and arenas
- Employees injured while at work
If you have been injured because a property owner or event operator failed to maintain a safe environment, the lawyers of Penney & Associates can help. Let us handle the fight for the financial compensation you deserve, so that you can rest easy and recover from your injuries.
WHAT IS PREMISES LIABILITYIN CALIFORNIA
Premises liability refers to the liability of private citizens, businesses, and organizations, for any injuries and property damages that occur on their property. In the state of California, this is based on the concept of negligence, and the specific duty of care that property owners are legally obligated to exercise over their property. California Civil Code 1714(a) states:
“ Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill that is required by this section. The extent of liability in these cases is defined by the Title on Compensatory Relief.”
When filing a premises liability lawsuit after a slip and fall accident, you must be able to prove that the defendant:
- Owned, leased, occupied, or otherwise controlled the property at the time of your injury.
- Was negligent and failed to show necessary care, or failed to maintain a safe environment on the property.
By California law, property owners are legally responsible for maintaining and repairing their property as necessary to ensure the safety of the public. This duty of care extends to venue managers, who may not own the venue in question, but are still responsible for the safety of guests and performers at an event. It is even possible to hold local, state, and federal government agencies responsible for a slip and fall injury, if it can be proven that they failed in their duty of care.
No matter the cause of your slip and fall accident, you are entitled to filing a claim against those responsible. Our attorneys are ready to help you win a fair settlement, and begin the process of recovering from your physical and emotional trauma.