Slip and Fall Accident Attorneys in Bakersfield, CA
Hundreds of people are injured in slip-and-fall accidents in Bakersfield every year. In many instances, these accidents are the result of poorly maintained property. The injured victim may be entitled to compensation through a premises liability or personal injury claim.
A Bakersfield slip-and-fall lawyer can help victims of these accidents pursue damages and receive fair compensation for their injuries. If you have been hurt in a slip-and-fall accident, Bakersfield personal injury attorney Mickey Fine can evaluate your claim and help you determine if you have cause to file a personal injury case.
Slip, trip, and fall accidents can occur anywhere; grocery stores, sporting arenas, parking lots, construction sites, and commercial buildings are all common areas where a slip-and-fall injury could take place. Property owners and managers who fail to demonstrate reasonable care to maintain safe conditions may be found liable should someone become injured in a slip-and-fall accident. In personal injury law, liability is determined by a violation of this duty of care. Unsafe conditions that could contribute to a slip-and-fall accident are:
Improperly maintained handrails, guardrails, staircases, or elevators
Cluttered or slippery surfaces that create a slipping or tripping hazard
Poorly maintained pavement or sidewalks
Dimly lit areas or broken lighting fixtures
Mickey Fine and his team of slip-and-fall injury attorneys can investigate the circumstance of your accident thoroughly and identify what caused it in order to hold responsible parties accountable.
Common Slip and Fall Injuries
Our Bakersfield personal injury lawyers have seen slip and fall accidents cause traumatic injuries such as:
Traumatic Brain Injuries / TBI
Many victims of slip-and-fall accidents sustain head injuries. A slip or trip and fall accident often comes unexpectedly, and victims are not able to react and catch themselves in time before falling. When falling backward, many people are not able to control a violent snap backward and will often hit their heads. These accidents often result in concussions and can sometimes lead to serious injury resulting in prolonged dizziness, brain swelling, being left unconscious, and death.
Spinal Cord Injuries
For injured clients who are nearing the age of 65 and over, a spinal cord or back injury is commonly sustained in a slip-and-fall accident. In fact, slips and falls are the most common cause of spinal injury in this age group nationwide. Additionally, nearly 25% of the new spinal injuries that occur each year are the result of a slip/trip and fall accident.
Broken and Fractured Bones
When a person falls, they often try and break their fall by suddenly bracing themselves. When this happens, a person’s body weight landing on one arm or leg can cause a bone to break. These breaks can be slight hairline fractures that require casts and slight rehabilitation, while others can be more serious, like compound fractures that require surgical intervention. Senior citizens run a major risk of breaking hips and shoulders and injuring their heads during a slip-and-fall accident.
Internal Injuries
A fall can cause many different external injuries, but it can also cause various internal injuries as well. Ruptured organs, punctured lungs, and brain damage can all be a result of a slip-and-fall accident. These injuries are very serious, can be life-threatening, and require immediate medical attention.
Psychological Issues
A fall can be a traumatic experience. Whether someone slips and falls down an entire staircase or falls on the job site from a platform, the accident can cause them to have painful memories, flashbacks, and PTSD.
There are many other injuries that you may sustain during a slip and fall accident. If you happen to be injured after tripping or slipping and falling, get medical attention immediately. Once you are treated, contact the experienced California slip and fall attorneys at the Law Offices of Mickey Fine, so we can work to get you compensation.
Steps to Take After a Slip and Fall Accident
Slip and fall accidents are usually minor, but they can potentially end up causing severe injury and lifelong trauma for their victims. It is important to know what the appropriate steps are to take after a slip and fall accident in California because they could be vital to success in a slip and fall claim.
Immediately After a Slip and Fall Accident
Get medical attention. Many slip-and-fall accidents cause minor bumps and bruises. However, broken bones, head injuries, and spinal injuries are also common results of slip and fall accidents in California. Immediately after a slip and fall accident, you should do your best to seek medical attention to address any possible injuries resulting from your fall. This will allow you to be treated for any immediate pain and suffering, as well as enable you to gather a written record of any injuries that you may have acquired in your accident. While you may not have any immediate injuries, some trauma may take time to develop, and it is smart to document any symptoms of further injury for success in your case.
Examine the area in which you fell. All slip-and-fall accidents happen for a reason. It is important that you look around and find the cause of your fall. Common causes of falls include snow, ice, broken or cracked walkways, and spills. Once you know the source of your fall, do your best to document how your fall occurred, as this will be important to present in court if necessary.
Look around for potential witnesses. One thing that will help your case tremendously is someone who watched your accident occur. If someone witnessed your accident, write down all of their information, as they will be valuable in court if there is a dispute in your claim brought forward by the property owner. If someone wasn’t there to witness your fall, try and find someone to show them the conditions that caused your injuries. If someone else can attest to the conditions in which you fell, this will be valuable to your case in court as well.
Take photos of conditions. If you are able, take photos of the conditions that caused you to fall. If you are unable to due to your injuries, try and ask someone to take them for you. It is important to take photos of the scene before the conditions change. If you do not take photos of the conditions that caused your accident, you may be leaving your story up to interpretation in court, making your case harder to defend.
In the Weeks Following a Slip and Fall Accident
What you do in the weeks and months following your slip and fall accident is just as important as what you do immediately following. In the time that passes after your accident, it is important that you decline to give statements and remain calm. Your communication with the property owner or manager in question should also remain minimal. We advise that you not post any details related to your accident on social media because anything that you publicize can be used against your case.
The best thing you can do is talk to our experienced Bakersfield personal injury attorney, who can guide you through the process of filing a slip and fall injury claim. This will give you the best chance of obtaining the compensation you deserve.
Liability for Slip, Trip and Fall Accidents
To establish liability in your personal injury lawsuit, a premises liability lawyer will need to prove your accident was caused by a breach of duty on the part of those responsible for the property. This may include instances such as:
The unsafe conditions were caused by the owner or an employee
The owner or an employee knew about the unsafe conditions and did nothing to correct them
The owner or an employee should have known about the unsafe conditions
Establishing liability in slip-and-fall cases can be extremely difficult and will require the assistance of an experienced premises liability attorney. Mickey Fine has over 37 years of experience helping victims of slip-and-fall accidents establish liability and get the full compensation they deserve.
If you or a loved one has been injured in a slip-and-fall accident, please contact the Law Offices of Mickey Fine to schedule a free case evaluation.
Compensation for Slip and Fall Injuries
The sort of compensation you may be entitled to after a slip and fall accident depends entirely on the circumstances of your case. After a slip and fall accident, you may be entitled to general compensatory damages and special compensatory damages. A slip-and-fall accident lawyer can help ensure that your damages are fully accounted for in your settlement and that you have the resources you need to care for yourself and your injuries.
General Compensatory Damages in a Slip and Fall Accident
This type of compensation serves to cover an injured person for damages that are non-monetary. These can include:
Special Compensatory Damages in a Slip and Fall Accident
These damages are awarded in cases where a slip and fall accident causes the victim to have substantial expenses due to their injuries. The goal of these damages is to ensure that the victim restores their financial situation back to where it was before their accident. These damages include:
Medical expenses
Lost wages
Attorney fees
Ambulance rides
Surgical costs
Cost of future medical services
Household and vehicle modifications
In the end, there are many factors that determine a slip and fall accident in Bakersfield. However, negligence and liability are the two biggest factors in determining compensation for your case.
Bakersfield Slip and Fall Lawyer FAQs
How long do I have to file a slip and fall lawsuit in Bakersfield, CA?
California, like all states, has a strict deadline known as a statute of limitations. For most personal injury cases, including slip and falls, you generally have two years from the date of the accident to file a lawsuit. However, if your claim is against a public entity (like a city-owned building or a Bakersfield public park), you may have as little as six months to file an initial claim. It is critical to speak with an attorney immediately to protect your rights.
What if I was partially at fault for my slip and fall accident in a Bakersfield store?
California follows a rule of “pure comparative negligence.” This means you can still recover compensation even if you were partially to blame. However, your total compensation will be reduced by your percentage of fault. For example, if you were found 20% at fault for not watching where you were walking, your compensation would be reduced by 20%. An experienced attorney can argue to minimize your assigned fault.
Are property owners always liable for a slip and fall on their property in Bakersfield?
No. Property owners are not automatically insurers of everyone’s safety. Liability depends on whether the owner was negligent. A Bakersfield slip and fall lawyer must prove the owner knew or should have known about the dangerous condition (like a spill in a grocery aisle or cracked pavement in a parking lot) and failed to address it in a reasonable amount of time.
What are common locations for slip and fall accidents in Bakersfield?
While accidents can happen anywhere, common locations in Bakersfield include grocery stores, large retail stores (like the Valley Plaza Mall), parking lots (which can have uneven asphalt due to heat), restaurants, and construction sites. Agricultural and industrial properties also present unique hazards common to the region.
What evidence is most important for a Bakersfield slip and fall case?
The most critical evidence includes:
Photos/Videos: Of the exact hazard that caused your fall (wet floor, pothole, etc.) and the general area, including lighting and lack of warning signs.
Incident Reports: A copy of the report filed with the property manager or store.
Witness Contact Information: Names and phone numbers of anyone who saw the accident.
Medical Records: Documentation from any Bakersfield hospital, urgent care, or doctor linking your injuries directly to the fall.
How much is my Bakersfield slip and fall case worth?
The value depends on the severity of your injuries, the impact on your life, and the clarity of the property owner’s liability. Compensation can cover medical bills (from places like Kern Medical or Adventist Health Bakersfield), lost wages from your job, pain and suffering, and more. An attorney can evaluate the specific details of your accident to give you a realistic estimate.
What to Do After a Slip and Fall Accident in Bakersfield?
Seek Immediate Medical Attention: Your health is the priority. Get checked out at a local Bakersfield medical facility like Kern Medical, Adventist Health, or an urgent care center. This documents your injuries and links them to the accident.
Report the Accident: Immediately notify the property manager, store owner, or landlord. Ask to fill out an official incident report and request a copy before you leave.
Document the Scene Thoroughly: If you are able, take clear photos and videos of the exact condition that caused your fall (e.g., a spill on a store floor, broken pavement in a parking lot, poor lighting in an apartment complex hallway). Capture wider shots to show the context and a lack of warning signs.
Identify Witnesses: Ask anyone who saw you fall for their name and contact information. Their independent account can be crucial evidence later.
Preserve Evidence: Keep the shoes and clothing you were wearing in a safe place. Do not wash or repair them, as they may contain physical evidence from the scene.
Avoid Giving Statements: Do not give a recorded statement to the property owner’s insurance adjuster without first consulting with an attorney. They may try to use your words against you.
Consult a Bakersfield Slip and Fall Attorney: Contact a local attorney like Mickey Fine who understands California premises liability law and the Bakersfield court system. They can advise you on your rights, investigate the claim, and handle all communications with the insurance companies.
The Law Offices of Mickey Fine: The Local California Slip and Fall Accident Lawyers
Many accident victims are unsure whether they need a lawyer to assist them in their slip-and-fall cases. Here are three ways our experienced Bakersfield slip and fall attorney can help you:
Let us handle the paperwork. Slip, trip, and fall cases are complex. Our experienced legal team will take care of all the details so you can focus on recovering.
Don’t sweat the deadlines. People who experience a slip, trip, and fall accident are given a limited amount of time to file claims. Don’t worry. We will handle this for you; you just have to give us a call.
We are here to help you in your case. We will treat you like a human, not a case number.
You deserve help from the best slip-and-fall lawyers in Bakersfield, California. If you or someone you know has been involved in a slip and fall accident in Bakersfield, give our experienced personal injury attorneys at The Law Offices of Mickey Fine a call at (661) 218-2263 or contact us online for a free consultation to discuss your case and legal options.
Law Offices of Mickey Fine – Bakersfield Office 930 Truxtun Ave, #110 Bakersfield, CA 93301 Phone: (661) 218-2263
Frequently Asked Questions About Slip and Fall Claims in Bakersfield, California
How do I file a slip and fall injury claim in Bakersfield, CA?
After a slip and fall accident in California, you will need to document the accident. If you are able, take pictures of the conditions that caused your injuries and be sure to get the contact information of any eyewitnesses. If you're severely injured, call 911 and get medical attention right away. Once you have secured treatment for your injuries, contact the Law Offices of Mickey Fine right away, so we can begin investigating your case.
Who will pay my compensation for my slip and fall injuries?
In a slip-and-fall case, you will likely receive a compensation payment from the negligent party’s insurance company. For example, if you slip in a grocery store due to a spill that was unmarked and not taken care of within a reasonable time, the liability insurance of the grocery store will most likely be the entity responsible for paying your compensation.
How much compensation am I entitled to for my slip and fall case?
The amount of compensation you are likely to receive in a slip and fall case is dependent on specific factors of your case. The injuries you sustain, the amount of work you miss, and the cost of your medical bills will all influence the amount of compensation you receive.
How long will my slip and fall case take to complete?
The length of a slip-and-fall case is impossible to guarantee. While some slip-and-fall cases take a short time to resolve, others can be delayed by prolonged investigations, litigation (if the case goes to trial), and insurance negotiations. While we can’t promise you that your case will be resolved right away, we do promise that our slip-and-fall accident attorneys will be with you every step of the way and do our best to get you the compensation you need promptly.
Should I accept a settlement offer for my slip and fall claim before speaking with a lawyer?
While accepting an insurance claim will allow you to be compensated quickly for your injuries, it will also bar you from being compensated further for additional damages caused by your accident. Allow an experienced Bakersfield slip-and-fall accident lawyer from the Law Offices of Mickey Fine to deal with the insurance companies and get you the compensation you deserve. Before you speak with any insurance companies about your case, contact Mickey Fine right away.
