Oakland Slip and Fall Accident Attorneys
Slip and fall accidents cause serious injury to thousands of people each year. Injuries resulting from a slip in a puddle, a fall down a flight of stairs, or other accident on public or private property may include broken bones, torn ligaments, spinal injuries and head injuries. In some slip and fall accident cases, the owner or tenant of the property may be liable for an accident victim's injuries, if certain conditions are met. The Oakland injury attorneys at Estey Bomberger have more than 70 years of experience representing personal injury victims in northern California, including hundreds of victims of slip and fall accidents. We are proud to have recovered millions of dollars in verdicts and settlements for slip and fall injury victims (see our case results).
Causes of Slip and Fall Accidents
Oakland slip and fall accidents and trip and fall accidents can occur indoors or outdoors, and injure people ranging from toddlers to teenagers, and adults to the elderly. In addition to slip and fall claims, premises liability laws may also pertain to other types of injuries on a property, such as falling merchandise, dog attacks and maulings, and in some cases, improper security. Common causes of slip and fall and trip and fall accidents include:
- Obstructions on the floor
- Poorly lit or unmarked pathways or stairs
- Potholes
- Rippled/uneven carpet
- Slippery tiling
- Unbalanced flooring
- Uneven/cracked sidewalks
- Unmarked wet floors
Just because a dangerous condition exists on a property does not mean that the owner or occupant of the property is liable for your injuries. If you walk into a pole because you are not paying attention, you will likely be responsible for your injuries. Certain conditions must be met in order for the owner or occupier of a property or business to be liable for an accident.
Who is Responsible For Your Injuries?
In order for the property owner or occupant to be legally liable and financially responsible for injuries sustained in a slip and fall or trip and fall accident, one of the following conditions must be met:
- The property owner or occupant caused the dangerous condition (such as a spill, hole in the ground, etc.) that led to the accident;
- The property owner or occupant knew about the dangerous condition but failed to do anything about it; or
- The property owner or occupant should have known about the dangerous condition because a reasonable person would have discovered it and removed it, posted a warning sign, or fixed it.
Of these three possible scenarios, the third is the most common. However, determining that someone "should have known" about a dangerous condition raises numerous questions, and liability may be difficult to establish. Juries and judges often look to whether the owner or occupant did enough to keep the property clean and safe. If a condition is obvious, the property owner will likely not be liable. Insurance companies will often question whether the victim could have avoided the accident by being more careful.
Protecting and Preserving Your Legal Rights
Because slip and fall accident claims are often complex personal injury claims, it is important to talk to an experienced attorney to understand the unique legal issues of your case and who may be responsible. After any premises accident, contacting an attorney soon is essential, because dangerous conditions are often repaired quickly after an accident. For more information about your potential claim or to schedule a free consultation with an Oakland slip and fall lawyer at Estey Bomberger, contact us at (510) 978-4380. Our Oakland personal injury attorneys are available to discuss your potential case and answer your questions 24 hours a day, seven days a week.