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Slip & Fall

slip and fall accident oxnard

The People’s Playbook For Slip & Fall Injuries In Oxnard, California

By | Oxnard, CA, Slip & Fall | No Comments

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
  • Doorways
  • Ramps
  • Cluttered hallways
  • Areas with heavy traffic
  • Unguarded heights
  • Unstable work surfaces
  • Ladders and
  • Stairs

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:

  1. Defendant owned, leased, occupied, or otherwise controlled the property where the slip and fall accident occurred; and
  2. Defendant was negligent in using or maintaining the property; and
  3. Plaintiff got hurt; and
  4. 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:

  1. Economic damages, which compensate for objective economic losses (such as that initial visit to the emergency room and subsequent medical treatment); and
  2. 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, California93003
Phone: 805-650-7778

I Was Involved In A Slip & Fall Case At Work…What Should I Do Now?

By | Premises Liability, Slip & Fall, Work Injuries | No Comments

Accidents while working can happen in any occupation, and the injuries that result can be severe. At the Quirk Law Firm LLP, we know that slip and fall accident injuries are among the most common type of personal injury to occur in the workplace, and can result in lasting ramifications that require ongoing medical care while impacting your ability to work or engage in hobbies and activities you once enjoyed. Fortunately, workers’ compensation benefits may be available to help you through your recovery, and our Ventura slip and fall accident lawyers have some tips to follow to ensure you get the amount of compensation you deserve.

Common Places Slip and Fall Accidents Occur

The National Safety Council (NSC) reports that slip and fall accidents are one of the leading causes of accidents injury each year in the United States, sending roughly eight million people to hospital emergency rooms for injuries that range from mild to severe, potentially debilitating, and even life threatening. The NSC reports that some of the most common places for these accident to occur include the following:

  • At doorways, entrances, and exits, where crowds and uneven surfaces can present trip and fall hazards;
  • In cluttered hallways and aisles;
  • On wet and slippery floors, or places with uneven carpeting;
  • On unstable work surfaces, such as step stools and ladders;
  • On places which lack handrails or security barriers, such as on stairwells and upper floor levels;
  • On walkways or sidewalks with surfaces that are cracked or uneven.

Slip and Fall At Work Injuries

According to research from the National Floor Safety Institute, slip and fall accidents while working are one of the leading causes of workers’ compensation claims. Injuries that can impair your ability to work or perform on-the-job tasks include the following:

  • Muscle, tendon, and ligament strains, sprains, and tears;
  • Broken bones and dislocated joints;
  • Back injuries; such as slipped or herniated disks;
  • Head and neck injuries, including concussion and Traumatic Brain Injury (TBI).

If you are injured as the result of a slip and fall at work, you may be entitled to compensation, either through the California Division of Workers’ Compensation, or through a personal injury lawsuit.

Reach Out to Us Today for Help

If you or someone you care about is injured while working, contact our Ventura accident attorney right away. At the Quirk Law Firm, LLP, we provide the aggressive legal representation you need to get the compensation you are entitled to, including coverage of your medical expenses and lost wages. As your full service personal injury law firm, we can help protect your rights, while assisting you in getting the benefits you deserve. We serve Ventura, California and the surrounding areas; call or contact us online today for a free consultation.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

Top 10 Slip and Fall Injury Facts

By | Slip & Fall | No Comments

A slip and fall injury is one of the most common types of personal injury. Read on for the top 10 slip and fall injury facts

slip-and-fall-lawyer-coquitlam-bc

  1. A slip and fall injury is a type of tort or civil case: This means it is a private lawsuit that one person brings against another in order to recover monetary damages.
  2. Slip and fall injuries can occur in businesses or in private homes- Most often, slip and falls occur in stores or other public places. However, if you go to someone’s house and they have created unsafe conditions which cause you to fall and hurt yourself, that individual can be liable and you may be able to sue and recover damages from him and his home owners insurance.
  3. The standards for a slip and fall injury differ depending on where you are- If you are in a public business, the business has a higher duty of care. You are considered an invitee and they must make sure the premises is safe. If you are in a home, on the other hand, you are a licensee only and that homeowner doesn’t owe you quite the same duty of care as a store owner does. As such, it will be harder to prove negligence and to recover for a slip and fall injury if it occurs at a private home.
  4. A personal injury attorney can help you bring a tort case- If you want to sue as a result of your fall and your injuries, a personal injury attorney can help you file the necessary papers and collect the necessary evidence to do so.
  5. It is your burden to prove the negligence- If you fall and hurt yourself, the other party is liable only if their actions were a breach of legal duty that caused your fall. As the plaintiff, it is your burden to prove this. You must prove it by a preponderance of the evidence, which means you have to prove that- more likely than not- the defendant was negligent in creating the conditions that led to your fall.
  6. You will have to prove damages- This means you have to prove you actually suffered some type of harm that you can be monetarily compensated for.
  7. Your recovery can be reduced if your negligence contributed to your injury- Under the laws of most states, you can still recover damages even if you were partially at fault for the fall. Your damages will simply be reduced by the percentage of responsibility the court decides belongs to you.
  8. Your damages will be based on the extent of your actual injuries- The more severely injured you are, the more monetary compensation will be appropriate to pay for your medical bills, pain and suffering or emotional distress.
  9. Emotional distress damages may also be possible– In addition to compensation for your actual injury, if you experienced stress or fear as a result of your fall or the resulting injury, this is compensable as well.
  10. Most slip and fall cases settle out of court. This means that most of the time, you won’t have to go to trial and the defendant will simply offer you a lump sum payment.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778