A slip and fall accident can happen almost anywhere in Oxnard, California, and it can result in serious injuries. When a slip and fall injury in Oxnard occurs, the injury victim may be able to file a premises liability lawsuit. Under California law, the owner (or renter) of premises is “under a duty to exercise ordinary care in the management of such premises in order to avoid exposing persons to an unreasonable risk of harm.” If the person in control of the property fails to exercise such care and someone else gets hurt, then the property owner can be held accountable under a theory of negligence.
If you recently sustained a person injury in Oxnard as a result of a slip and fall accident, it is important to seek help from experienced Ventura County injury lawyer Trevor Quirk. Many slip and fall accident victims want to know more about the process of a premises liability claim in California. We would like to walk you through the steps of your lawsuit.
Initial Slip and Fall Accident: What Should You Do?
The initial slip and fall can be disorienting and painful. As we mentioned, slips, trips, and falls can happen almost anywhere. According to a fact sheet from the National Safety Council (NSC), the most common locations for slip and fall accidents include but are not limited to:
- Areas prone to spills or wetness
- Uneven surfaces
- Cluttered hallways
- Areas with heavy traffic
- Unguarded heights
- Unstable work surfaces
- Ladders and
If you do get hurt and are able to process the situation, it is important to gather evidence that you will be able to use in your personal injury lawsuit. Most significantly, you do the following:
- Obtain witness information: did anyone see your slip and fall accident happen? Did anyone see the dangerous condition that caused the incident, such as a liquid spill or an area of uneven flooring? Be sure to obtain the name and contact information for anyone who can support your claim.
- Take photographs: use your cell phone to take photographs at the scene. Be sure to take close-up pictures that clearly show the dangerous condition that caused your fall, as well as wider shots that show where the dangerous condition existed in related to the rest of the room or space.
Seeking Medical Attention For Your Slip & Fall Injury
After your slip and fall injury, it is extremely important to seek medical attention. Many of these injuries are very serious, and it will be necessary to have medical documentation when it comes time to file your lawsuit. According to a fact sheet from the National Floor Safety Institute (NFSI), slips and falls account for more than one million visits to emergency departments each year. Some of the most common injuries include but are not limited to:
- Arm fractures
- Wrist fractures
- Leg fractures
- Hip fractures
- Spinal cord injury and other neck injuries
- Traumatic brain injury and
- Muscles sprains and strains
Your healthcare provider will assess your injuries and will discuss your treatment options with you. When you reach out to an Oxnard accident law firm, your attorney will want to ensure that you have medical records as evidence for your lawsuit.
Meeting With An Oxnard Injury Law Firm
Once you have obtained medical attention for your personal injury, it is extremely important to begin working with a premises liability lawyer in Ventura County. At Quirk Law Firm LLP, we can meet with you and answer any questions you have about filing a claim before getting started on your case. In California, a premises liability plaintiff must be able to prove the following essential factual elements in order to be successful:
- Defendant owned, leased, occupied, or otherwise controlled the property where the slip and fall accident occurred; and
- Defendant was negligent in using or maintaining the property; and
- Plaintiff got hurt; and
- Defendant’s negligence was a substantial factor in causing the plaintiff’s harm.
As we mentioned previously, a defendant can be negligent when she or he does not exercise a reasonable duty of care. Typically, a person in control of a property in Ventura County, whether she owns or is renting it, must take reasonable measures to ensure that dangerous conditions are not present. And if there are hazardous conditions that cannot immediately be cleaned up or remedied, the defendant has a duty to warn people on the property so that they do not get hurt.
Your Oxnard premises liability lawyer will be able to discuss your options for proving these elements and filing a successful claim against the property owner where your accident happened. Whether you settle your claim or take it to court, your lawyer will advocate for your right to compensation.
Final Steps: Obtaining Compensation In Oxnard
If a plaintiff’s premises liability claim is successful, then his or her case will end happily. The defendant’s negligence will result in the defendant providing damages to the plaintiff. Generally speaking, slip and fall plaintiffs can be eligible to receive two types of compensatory damages, both designed to compensate for losses:
- Economic damages, which compensate for objective economic losses (such as that initial visit to the emergency room and subsequent medical treatment); and
- Non-economic damages, which compensate for subjective losses (like pain and suffering).
Contact a Ventura County Premises Liability Attorney
Did you get hurt in a slip and fall accident in Oxnard? An experienced premises liability attorney in Ventura County can assist with your case. Contact Quirk Law Firm LLP today to get started on your claim.
This Blog Was Provided By:
Quirk Law Firm, LLP
4222 Market Street, Suite C
Ventura, California 93003