Slip and Fall Attorneys in Oakland, CA
According to California law, property owners or their representatives can be held liable for injuries that occur on their premises. Property owners who ignore dangerous conditions on their property can face lawsuits against them when the hazard can be proven to have caused the injury of an unsuspecting person.
The Oakland slip & fall attorneys at Callaway & Wolf have handled cases that include slip, trips, and falls based on defective stairs, deteriorated sidewalks, slippery floors, cluttered walkways, and insufficient lighting. In some cases, the property owner can be found to be in violation of a state imposed building code, such as the failure to place a handrail, failure to provide sufficient lighting, or failure to clear the walkway regularly.
Successful Slip, Trip, & Fall Cases Handled by Callaway & Wolf
- $290,000 for a victim who suffered a broken ankle following a slip while on a sidewalk in the community of Nob Hill. The slip occurred as a result of a green slime that had accumulated on the sidewalk causing the hazard that led to the woman’s accident.
- $175,000 for a victim who suffered a broken leg as a result of a trip caused by an uneven sidewalk in the City of Sausalito.
- $163,000 in compensation for a victim who suffered a torn hamstring as a result of a fall that was caused by slippery sidewalk in Alta Plaza Park in the City of San Francisco. Investigation showed that improper drainage in the area which had been ignored for years led to the hazardous condition, which ultimately caused the victim’s injury.
- $170,000 in a jury verdict for a victim who fell while attempting to avoid a large puddle that had accumulated at the bottom of the stairs at Powell BART Station. The victim sustained a serious knee injury as a result of the accident.
- $100,000 in monetary restitution for a victim who suffered a fall while in the lobby of an apartment building in the neighborhood of Tenderloin, San Francisco. The victim suffered a broken leg, which was caused as a result of a slippery floor. It was found that lobby visitors tracked water in from outside, causing the slippery floor. The attorneys at Callaway & Wolf were able to obtain a sworn statement from the building’s lobby attendant. Additionally, they were also able to obtain expert analysis to test the lobby’s floor “coefficient of friction”, which ultimately prompted a successful outcome for the client.
Slip and Fall Cases Often Have Terrible Consequences
According to the Centers for Disease Control and Prevention, (CDC) there are approximately 800,000 patients who are hospitalized as a result of a fall each year. Falls are also the primary cause of a traumatic brain injury. Sadly, the United States has experienced a 30% increase in fall-related deaths for older adults. The agency reports that by 2030, there will be a projected rate of 7 fall-related deaths every hour.
The CDC reports that slip and fall accidents are very common across the nation, and they too often result in serious injuries. In extreme cases, the injury can have life-altering consequences and even lead to an unexpected death. With an increased awareness of the seriousness of these types of accidents, it may be possible to avoid potential dangers, and fortunately, there is a rising trend in city-wide improvements. Still, many slip and fall accidents due to unsafe conditions continue to occur, which means that there are far more improvements that need to be made.
In legal terms, slip and fall accidents fall under the umbrella of premises liability claims. The basis for a premises liability claim is negligence, and negligence is usually what leads to a slip and fall accident. Under California premises liability law, property owners have a legal obligation to reasonably ensure the safety of those who enter the property. Property owners need to inspect the property for possible hazards, and make the appropriate repairs and/or warn visitors of the potential for danger.
Challenges Faced When Filing a Slip & Fall Injury Claim
In the aftermath of a slip and fall accident, multiple factors should be considered to build a strong case. For instance, if there were previous complaints made about the hazardous condition. Additionally, it’s important to consider the degree of negligence committed by both the property owner and the victim.
Most matters involving slip & falls are likely to face obstacles involving comparative fault, meaning that the defense will try to prove that our client was somewhat responsible for the incident – thus reducing the compensation by the proportionate amount of fault. In some cases, the property owner can allege that the condition was open and obvious, which means the victim could have avoided the accident had he or she been careful. There may also be questions raised with respect to other factors, which could support the allegations of comparative negligence. This can include:
- The type of shoes the victim was wearing at the time of the accident
- What the victim was doing at the time of or shortly before the accident
- Whether the victim was carrying anything at the time of the accident
For the most part, a slip and fall accident will occur as a consequence of:
- A deteriorated sidewalk,
- Loose flooring,
- A liquid substance on the floor,
- Insufficient lighting,
- Unsteady staircases, or
- An unsteady or improper-height handrail
Seek Experienced Legal Counsel in Oakland, California
According to California law, property owners and managers have the legal duty to reasonably maintain the property in safe conditions. When the property owner has failed to maintain a safe premises, the victim has a legal right to seek compensation for damages caused as a result of the property owner’s negligence.
If you or a family member has suffered injuries following a slip and fall while on another’s property, it is important to seek legal counsel. A skilled attorney will thoroughly investigate the claim, collect necessary evidence, and aggressively defend your right to a fair compensation.
The Oakland slip and fall injury attorneys at Callaway & Wolf have helped hundreds of victims across the Bay Area and surrounding communities obtain compensation following a slip and fall accident. Contact us today at 510-603-4988 or fill out a contact form online and we will contact you to schedule a free initial consultation.