The Basics of a Slip & Fall Insurance Claim

a warning sign depicting a person slipping

If someone else’s negligence leaves you injured in a slip and fall accident, understanding the legal basics can help ensure that you obtain the compensation you need to cover your complete losses. Slip and falls can lead to severe injuries with attendant medical expenses, lost wages, and physical and emotional pain and suffering. Because these cases are often complicated, it’s always in your best interest to have an experienced San Francisco personal injury attorney in your corner. 

Let the Property Owner or Manager Know about the Accident

If you’ve been injured in a slip and fall accident at a commercial business or property, it’s important to let the property owner or manager know about the incident (as soon as you can after obtaining the medical attention you need). By notifying the property owner, you not only let them know about the hazard on their property but also generate an accident report related to your injuries. 

The Property Owner’s Negligence

The fact is that property owners and managers owe their guests, such as customers and clients, a duty of care. And this refers to the duty of taking reasonable precautions to keep the property in reasonably safe repair and condition to allow guests – like you – reasonably safe passage. Reasonable in this context refers to what other reasonable property owners would do in similar situations.

The Basic Elements of Your Claim

To be able to submit a slip and fall claim, the following basic elements must be present:

  • There was a tripping hazard or unsafe condition on the property (where guests typically walk or could be expected to walk).
  • The property owner or manager knew about the tripping risk or dangerous condition – or should have known.
  • The property owner failed to take timely and appropriate action to remedy the hazardous situation.
  • The unsafe condition or tripping hazard directly caused you to slip, fall, and be injured. 

The Statute of Limitations

The law limits your ability to file a lawsuit in response to your slip and fall accident to two years from the date you were injured. This time limit is known as the statute of limitations. It is crucial to take into careful consideration because the initial insurance process can drag on. Finally, if the property you are injured on is owned by the government, things are a bit different, and you’ll need to file what is known as an administrative claim within six months of your injury. The government is required to then respond within 45 days of your claim, and if your claim is denied, you then have two years from the time of your accident to file your case. 

You Need an Experienced Los Angeles Personal Injury Attorney on Your Side

If someone else’s negligence leaves you injured in a slip and fall accident, the dedicated Los Angeles personal injury attorneys at Jahrmarkt & Associates have a proven record of success helping clients like you recover on their full range of damages. We care about your case, so please don’t hesitate to contact us online or call us at 310-226-7676 to schedule a free case evaluation today.