San Luis Obispo Slip and Fall Lawyers

Premises Liability & Slip and Fall Lawyers in San Luis Obispo

Injured on Someone Else’s Property? Our San Luis Obispo Lawyers Can Help

When a fall happens at a store, restaurant, apartment complex, sidewalk, workplace, or public space in San Luis Obispo, you need a local legal team that understands how California premises liability law applies to your injuries. James McKiernan Lawyers helps clients build strong claims after dangerous property conditions cause falls, including cases involving treatment at French Hospital Medical Center or Sierra Vista Regional Medical Center.

Attorney James McKiernan is a former Judge with 40+ years of legal experience, and our firm has recovered $315M+ for injured Californians. We investigate what the property owner knew, preserve evidence, document medical care, and fight to recover compensation through your personal injury claim.

Common Causes of Slip and Fall Injuries in San Luis Obispo

Generally, negligence on behalf of the owner or possessor of a property is what leads to a slip and fall accident. For example, he or she may not properly maintain the property, which creates hazards and unsafe conditions that the property owner did not warn tenants or visitors of beforehand. Slippery surfaces, such as freshly waxed or mopped floors, tend to be a common cause of slip and falls that result in injuries. Other common hazards and unsafe conditions that cause such accidents include:

Icy sidewalks and stairways
Torn carpeting, uneven floors or stairs
Holes or cracks in floors or steps
Loose wires and cables
Potholes and loose handrails
Poor lighting, narrow stairs and broken or cracked sidewalks

Slips and falls are a leading cause of traumatic brain injury and other serious harm. A hard fall can cause broken bones, spinal trauma, and catastrophic injuries that permanently affect your health, independence, and ability to work. Injuries suffered from fall accidents can alter your life permanently, incapacitate you or even result in death. Such injuries might include:

Neck, back or spinal cord injuries
Head trauma and concussions
Broken bones and fractures
Heavy bruising or bleeding

Proving Liability and Property Owner Negligence under California Law

If you suffer a slip and fall accident, then you can hold the owner or possessor of the property liable if his or her negligence foreseeably created the hazards or unsafe conditions that led to the accident. These conditions must exist to prove fault in a slip and fall claim. Additionally, you and your California slip and fall accident lawyers must prove that the property owner or possessor:

Created the hazards or unsafe conditions (even if only through carelessness).
Knew that the hazards and unsafe conditions existed, but did nothing about them.
Was aware that the hazards and unsafe conditions existed for a long enough period of time that the owner or possessor could have discovered and corrected them before the slip and fall took place.

Please note that California is a comparative fault state. This means that it uses comparative negligence when determining a slip and fall settlement. Basically, this means that the state’s legal system takes into account that the owner or possessor of the property might only be partially at fault. You could share liability if it is determined that you did not use reasonable care while on the property and that the injury is partially your fault as well as the owner or possessor. Ultimately, this will result in a lower amount of restitution. Having California slip and fall accident lawyers working with you can help see that you receive the compensation you deserve and that the responsible parties are held accountable for their negligence.

We Also Focus on the Following Practice Areas:

Consult a Trusted San Luis Obispo Slip and Fall Attorney Today

The attorneys at James McKiernan Lawyers work with you to see that you recover lost wages and receive compensation for the pain and suffering you have experienced. We can help you find medical care and other resources as well as answer any questions you have about how a premises liability lawsuit works. Our firm does not charge you a single dollar until after we have won a verdict or settlement in your favor.

Call us at 800-200-HURT or contact us online so that we can start reviewing your case to see how we can help. Se habla español.

Slip & Falls FAQs

How long do I have to report a slip and fall in California?

According to Section 335.1 of the California Code of Civil Procedure (CCP), you have exactly two years from the date of your injury to start your legal claims. You do not need to have a resolution during that time, but you need to start the process. The two-year deadline is very strict and straightforward, though there are some exceptions.

Act as quickly as possible by contacting a slip and fall lawyer at James Mckiernan Lawyers today.

If you have a public slip and fall lawsuit, you have a six-month window to file with the government.
The statute-of-limitations does not include the ‘discovery of harm’ rule. This is when you do not discover there was an injury or harm done until later. This is extremely difficult to prove.

It is important to know that inaction on your part may make it impossible for you to seek damages. Act as quickly as possible by contacting a slip and fall lawyer at James Mckiernan Lawyers today.

Why should I contact a slip and fall lawyer?

You should contact a slip and fall lawyer because these cases are notoriously hard to prove and fight for in court. Most often, insurance companies will try to force you to settle for a lesser amount than they know you deserve just to get you to go away.

A slip and fall lawyer knows all of the angles to take and places to look to get you the compensation that you deserve. We will take on a majority of the work so that you can focus on healing.

Do not contact an insurance company. Instead, contact our lawyers today to get the defense that you deserve for your case.

How do you prove negligence in a slip and fall?

Proving negligence in a slip and fall case requires looking at what the property owner has done to maintain their premises to a reasonable standard. They have a certain amount of time to remedy any dangers within a timely manner.

Call us today to discuss your case: (800) 200-4878

It can be quite challenging to prove negligence in a slip and fall case. A good slip and fall lawyer will need to prove that:

The property owner should have known that there was a dangerous or hazardous situation;
When the owner did learn of the situation, they did not fix it;
The owner caused the dangerous condition and did not prevent it;

There are many other factors that matter in this situation, including timing. There may be certain situations - like a rainstorm - that can lead to a dangerous situation.

What evidence will my lawyer gather?

The first thing you need to do is call a California slip and fall attorney as soon as possible.

Your lawyer will investigate and gather the following evidence:

Your medical records and bills
Receipts of any out-of-pocket costs
Accident reports and witness statements
Security
Photographs of the hazardous situation

What compensatory damages can I get for a slip and fall injury?

According to the NSC (National Safety Council), slip and falls lead to more intentional deaths than many other types of accidents.

If you have suffered injuries due to a slip and fall accident, or someone you love has died after a slip and fall accident, you are eligible for economic and non-economic damages as long as you can prove that the accident was caused by a negligent property owner, a business, or a government owned entity.

Medical bills (past & future)
Lost income (past & future)
Miscellaneous costs related to your injuries
Pain and suffering
Disability
Loss of life enjoyment

All of the above compensation is dependent on your claim, your lawyer, and how everything is handled.

What constitutes property owner negligence in San Luis Obispo slip and fall cases?

In San Luis Obispo, property owner negligence is established under California Civil Code 1714, which requires property owners and occupiers to maintain their premises in a reasonably safe condition. Negligence occurs when a property owner or business operator (such as a shop in Downtown SLO or a supermarket on Madonna Road) knew or should have known about a hazardous condition (like a liquid spill, an uneven walkway, or loose stairs) but failed to fix it, cordon it off, or warn visitors in a timely manner.

What should I do if I am injured on a commercial or public property in San Luis Obispo?

If you are injured on a commercial or public property in San Luis Obispo, you should take immediate steps to protect both your health and your legal rights: 1. Seek medical attention immediately at a local facility such as French Hospital Medical Center or Sierra Vista Regional Medical Center. 2. Report the accident to the property owner, manager, or supervisor and request a copy of the written incident report. 3. Document the scene by taking photos and videos of the exact hazard that caused your fall, the surrounding area, and any visible injuries. 4. Gather contact information from any eyewitnesses who saw the fall or the dangerous condition. 5. Avoid giving detailed statements or accepting quick settlement offers from insurance adjusters. 6. Contact an experienced San Luis Obispo slip and fall attorney to preserve crucial evidence and evaluate your claim.

How does California's comparative negligence rule affect my San Luis Obispo slip and fall claim?

California follows a pure comparative negligence rule (California Civil Code 1431.2). This means that even if you are partially at fault for your slip and fall (for example, if you were distracted or wearing inappropriate footwear), you can still recover compensation. However, your total damages will be reduced by your percentage of fault. If a court determines you were 20% responsible for the accident and your damages total $100,000, your final recovery will be $80,000 (reduced by 20%). Having a skilled personal injury lawyer is critical to minimizing your assigned percentage of fault and maximizing your recovery.

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Chances are you’re here because you or someone close to you has been hurt. Your life has been turned upside down. The “it’ll never happen to me” mentality gets thrown out the window- No pun intended. And chances are you know someone who knows some lawyer who did a thing and blah blah blah. [READ MORE]

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