What if a property owner in Fullerton blames me for my slip and fall?
If you slip and fall in Fullerton and the property owner tries to shift blame onto you, California law still allows you to pursue compensation. California follows a pure comparative negligence rule, meaning your recovery is reduced by your own percentage of fault, but not barred entirely, even if you are mostly to blame.
This means you can still recover damages for your injuries, even if a judge or jury determines you contributed to your fall. It is common for property owners or their insurance companies to allege comparative fault to reduce their own liability.
Where do you file a slip and fall claim in Fullerton?
A personal injury claim arising from a slip and fall in Fullerton is filed in the Superior Court of California, County of Orange. The main courthouse for civil actions is the Central Justice Center, located at 700 Civic Center Dr W, Santa Ana, CA 92701. This community is in Orange County, so its court system differs from Los Angeles County.
Unlike some other counties, Orange County generally hears personal injury cases at this central location. The specific incident location within Fullerton does not change the county where the lawsuit is filed.
What types of injuries do slip and fall cases cover in Fullerton?
Slip and fall cases in Fullerton cover a range of injuries someone might suffer due to a dangerous condition on another's property. These injuries often include broken bones, head injuries like concussions, spinal cord damage, soft tissue injuries, and strains or sprains.
The law holds property owners responsible for maintaining a safe environment for visitors. This responsibility includes fixing hazards, providing warnings about unsafe conditions, and regularly inspecting their premises for potential dangers that could cause a slip or a fall. If their failure to do so causes an injury, they can be held liable. We handle slip and fall claims across Southern California, including communities like Anaheim.
How long do you have to file a slip and fall lawsuit in California?
Most personal injury claims, including slip and fall incidents, must be filed within two years from the date of injury, according to California Code of Civil Procedure § 335.1. However, if your fall happened on property owned by a city, county, or other public agency in Fullerton, you must present a written claim to that public entity within six months of the injury (Government Code § 911.2) before you can file a lawsuit.
The deadline is generally paused while an injured person is a minor under California Code of Civil Procedure § 352. However, Section 352(b) removes that pause for claims against public entities under the Government Claims Act. What a claim is worth depends on the specific facts; California law allows recovery for medical costs, lost earnings, and non-economic harm. Learn more about pursuing compensation for serious injuries on our main personal injury law page.
What steps should you take after a slip and fall accident?
- Seek medical attention immediately. Your health is the first priority, and prompt medical care also creates documentation of your injuries and the date they occurred.
- Report the incident to the property owner or manager. Make sure a formal report is made and request a copy for your records.
- Document the scene. Take photographs or videos of the exact location where you fell, including any hazards, lighting conditions, and surrounding areas. Also, note the date and time.
- Gather contact information from witnesses. If anyone saw your fall, ask for their name and phone number.
- Keep all related records. This includes medical bills, lost wage statements, and any communication with the property owner or their insurance company.
- Consult with a personal injury attorney. An attorney can help you understand your rights, investigate the incident, and manage communication with insurance companies.
What does working with Casa Legal Los Angeles involve?
When you work with Casa Legal Los Angeles after a slip and fall in Fullerton, we begin by listening to your account of what happened and reviewing any evidence you have collected. We investigate the incident thoroughly, collecting evidence like surveillance footage, maintenance records, and witness statements.
We handle all communications with insurance companies and other parties on your behalf. Our firm focuses on pursuing the full compensation available under California law for your medical expenses, lost wages, and pain and suffering. We work to resolve your case efficiently, either through negotiation or, if necessary, by filing a lawsuit and proceeding to trial. We have helped many clients with their personal injury cases, including those with wrongful death claims in Fullerton and property damage claims.
Frequently Asked Questions
Can I still get compensation if I was partly to blame for my fall?
Yes, California's pure comparative negligence rule allows you to recover damages even if you are partially at fault. Your total compensation would be reduced by your percentage of responsibility. For example, if you are found 20% at fault, your recovery would be 80% of the total damages.
What if I fell on city or county property in Fullerton?
If your slip and fall occurred on property owned by the City of Fullerton or Orange County, you must file a formal claim with the specific public entity within six months of the injury. This strict deadline is set by California Government Code § 911.2 and differs significantly from the two-year deadline for private property owners. Failure to meet this deadline can result in the loss of your right to sue.
What damages can I claim in a Fullerton slip and fall case?
You can claim both economic and non-economic damages. Economic damages cover tangible financial losses such as past and future medical expenses, lost wages, loss of earning capacity, and property damage. Non-economic damages address intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life. The specific amount depends on the facts of your injury.
How much does it cost to hire a personal injury attorney for a slip and fall?
At Casa Legal Los Angeles, we work on a contingency fee basis. This means you pay no attorney's fees unless we win your case. Additionally, you are not responsible for any case costs if there is no recovery. Our fees are a percentage of the final settlement or verdict, so you pay nothing out-of-pocket upfront.
A slip and fall accident in Fullerton can disrupt your life, but you do not have to face the aftermath alone. Contact Casa Legal Los Angeles today for a free consultation at 888-585-2529. No attorney's fees unless we win — and no case costs either.