California laws require retail store owners and operators to maintain their sales floors, sidewalks, parking lots and other common areas in a reasonable manner to minimize potential hazards to customers on site. If you were injured in a slip-and-fall accident on a retail store property, you may have a valid claim for money damages related to medical costs, lost earnings, and pain and suffering.
Photograph and document the unreasonably dangerous condition that caused the fall as soon as possible.
Do not talk to the insurance company or give a written or recorded statement to the insurance company without talking to the Easton & Easton, LLP.
Call Easton & Easton, LLP as soon as possible so we can advise you what to do next.
Retail store injury claims are becoming more difficult to settle or win in court because the courts expect customers to take precautions when they come across a hazard. However, some types of hazards cannot be immediately recognized and injuries can occur no matter how careful the customer was trying to be. In such cases of unreasonably dangerous conditions, the law provides for remedies under the personal injury litigation process.
Additionally, the injured party has the burden of proving in such retail store slips, trips and falls that the store owner had “notice” of the unreasonably dangerous condition before the fall occurred.This is often the most difficult element to prove in these cases.The more time that passes between the fall and pursuing the claim can sometimes affect an injured party’s ability to gather the necessary evidence to prove this essential element.The sooner you call us, the better chance we will have of gathering the evidence we need to prove this crucial element.
In 2012, The Easton Law Firm helped a client who suffered a dreadful slip and fall while shopping at Westminster Mall at Christmas time. Our client contended that she slipped on vanilla ice cream that had been on the floor so long that it congealed, but she had taken no pictures of the substance that caused her fall and therefore had no evidence of what caused her to fall. As a result of the fall, our client suffered significant injuries, including torn Achilles tendons and a fractured Coccyx (tailbone). At an initial mediation, the insurance carrier for the mall offered a paltry settlement of a few thousand dollars based on the lack of evidence for our client’s alleged fall. After further litigation, depositions, and discovery, we were able to show that the mall was not conducting reasonable inspections of the premises at the time this fall occurred. The mall’s insurance carrier sought a second Mediation in the matter a month before trial where the case settled for $400,000.