Slip/Falls

Burden of Proof in a Civil Case (Generally)

            In general, in the State of California, specifically, regarding a civil case, the burden of proof is on the plaintiff, plaintiffs, claimant, claimants, etc. to prove his or her or their case(s) by way of a preponderance of the evidence.

Burden of Proof in a Premises Liability Personal Injury Case

            In general, in the State of California, specifically, regarding a premises liability case, the burden of proof is on the plaintiff, plaintiffs, claimant, claimants, etc. to prove his or her or their case(s) by way of a preponderance of the evidence by way of showing clear liability on the part of the defendant, defendants, supposed at fault party, supposed at fault parties, etc.

            In addition, in a premises liability case, where a bodily injury or bodily injuries is or are involved, the plaintiff, plaintiffs, claimant, claimants, etc. must clearly provide evidence to the defendant, defendants, supposed at fault party, supposed at fault parties, etc. of the following in order to establish that the defendant, defendants, supposed at fault party, supposed at fault parties, etc. is or are liable:

  1. There was a dangerous (unreasonable) condition or there were dangerous (unreasonable) conditions on the premises; and
  • Prior to the incident occurring (for example, a slip and fall, trip and fall, etc.), the defendant, defendants, supposed at fault party, supposed at fault parties, etc. had actual notice or constructive notice of the dangerous (unreasonable) condition or dangerous (unreasonable) conditions on the premises prior to the incident occurring (for example, a slip and fall, trip and fall, etc.).
  1. This second (2nd) prong is extremely fact sensitive.
  • This second (2nd) prong is the most difficult prong to prove.
  • This second (2nd) prong requires solid, clear, irrefutable, indisputable evidence.

The successful fulfilling and satisfaction of the aforementioned prongs requires the plaintiff, plaintiffs, claimant, claimants, etc. to hire a licensed California Personal Injury Attorney to represent him, her, or them due to the very difficult nature of premises liability cases in the State of California.

If the plaintiff, plaintiffs, claimant, claimants, etc. can fulfill and satisfy successfully the aforementioned prongs, the next set of questions are (1) What is the monetary value of the case?;  and (2) What is the timetable for the case to be resolved?

The monetary value of the case

Although the following answer is not an answer that potential premises liability/personal injury clients would like to hear, in my opinion, based upon my previous experience and my current experience, the following answer is the truth: it depends; there is no way to put a monetary value on a potential premises liability/personal injury case right off the hop; there are an abundance of factors to analyze, assess, and evaluate before the potential monetary value of a car accident/personal injury case can be ascertained.

            What factors are analyzed, assessed, and evaluated in determining the potential monetary value of a premises liability/personal injury case? Medical monetary damages (present) (perhaps one may need future medical services and/or medical treatment; as a result, future medical monetary damages may be at issue); Lost wages/Loss of Earnings; Emotional Distress, Pain and Suffering, Mental Anguish, and other General Damages; fault/liability; amid other factors.

Timetable for the case to be resolved

            Just like the above inquiry, it depends; amid other things, it depends on what bodily injury or what bodily injuries was suffered or were suffered; each person is built and developed differently (from a physical standpoint). On the one hand, one person may make a full and complete recovery in a certain amount of time; on the other hand, another person may never make a full and complete recovery. No two (2) human beings are the same. Everybody is different.

            At the end of the day, when it is all said and done, the time that a premises liability/personal injury case depends upon many things, one of which is the individual or individuals who suffered a bodily injury or bodily injuries and how long it takes for him, her, or them to heal (if applicable) and/or finish visiting, seeking, and/or receiving medical services and/or medical treatment.

Unfortunately, the defendant, defendants, supposed at fault party, supposed at fault parties, etc. is or are not in business to have your best interest(s) at mind and at heart. He, she, or they is or are not your friends.

When potential premises liability/personal injury clients deal with the defendant, defendants, supposed at fault party, supposed at fault parties, etc. by themselves, potential car accident/personal injury clients usually get railroaded because potential premises liability/personal injury clients trust that the defendant, defendants, supposed at fault party, supposed at fault parties, etc. do have potential car accident/personal injury clients’ best interest(s) at mind and at heart. The goal of defendant, defendants, supposed at fault party, supposed at fault parties, etc. is to suppress its fault/liability as much as possible so that they only have to pay you as little as possible.

In addition, potential premises liability/personal injury clients have to reimburse a health care practitioner or health care practitioners and/or a health insurance carrier or health insurance carriers for services and/or treatment that was or that were rendered (and, perhaps paid for) as a result of a premises liability incident resulting in bodily injury. That medical bill or those medical pays will not pay itself or pay themselves.

A licensed California Premises Liability/Personal Injury Attorney can help potential car accident/personal injury clients in dealing with the defendant, defendants, supposed at fault party, supposed at fault parties, etc. In addition, a licensed California Personal Injury Attorney can help potential premises liability/personal injury clients in reducing a medical bill or medical bills.

            A licensed California Premises Liability/Personal Injury Attorney will be your biggest advocate for you from a legal standpoint. A licensed California Premises Liability/Personal Injury Attorney will be your biggest advocate from a personal standpoint by way of encouraging you to just focus on you seeking and receiving the best medical services and/or the best medical treatment that you absolutely need.             A licensed California Premises Liability/Personal Injury Attorney is a potential premises liability/personal injury client’s absolute best opportunity at success in a premises liability case whereby bodily injury is involved.

SLIP AND FALL OR TRIP AND FALL PROTOCOL

            Were you are involved in a slip and fall or trip and fall? If so, were you zero percent at fault in said slip and fall or trip and fall? If so, as a result of said slip and fall or trip and fall, did you suffer a bodily injury or bodily injuries?

            If the answers to these three (3) above-mentioned questions are “yes”, HERE IS WHAT YOU NEED TO DO IMMEDIATELY WITHOUT HESISTATION, WITHOUT DELAY:

  1. Immediately call the ambulance or paramedics by dialing 9-1-1 to report the slip and fall or trip and fall if the bodily injury or bodily injuries that you suffered is or are extremely severe, painful, catastrophic, etc. (for example, a broken bone or broken bones, a torn ligament or torn ligaments, etc.); essentially, a bodily injury or bodily injuries that would require you to be transported to a hospital via ambulance or paramedics. On the other hand, if the bodily injury or bodily injuries that you suffered is not or are not extremely severe, catastrophic, painful, etc. which would not require you to be transported to a hospital via ambulance or paramedics, then you do not call the paramedics or ambulance.
  2. Take a clear picture or clear pictures or clear video or clear videos of the area in which you slipped and fell on or tripped and fell on. Take a clear picture or clear pictures or a clear video or clear videos of what specifically you slipped and fell on or tripped and fell on (for example, a colored substance, a clear substance, something that was on the floor, etc.)
  3. If there is a witness or if there are witnesses that observed the slip and fall or trip and fall, take note of that witness’s or those witnesses’ name(s), address(es), telephone number(s), fax number(s), and/or e-mail address(es). Basically, whatever contact information you can procure.
  4. If there is a witness or if there are witnesses that observed the area in which the slip and fall or trip and fall occurred for a “significant amount of time” prior to the actual slip and fall or the actual trip and fall occurring, take note of that witness’s or those witnesses’ name(s), address(es), telephone number(s), fax number(s), and/or e-mail address(es). Basically, whatever contact information you can procure.
  5. Find out if there is or if there are a video camera or video cameras in the area in which you slipped and fell or tripped and fell that captured the slip and fall or trip and fall, and captured the condition of the area prior to you slipping and falling, or tripping and falling.
  6. Take note of what type of footwear you were wearing at the date and time of the trip and fall or slip and fall.
  7. Take note of the date, time, and location (the name of the place where the slip and fall or trip and fall occurred, the address of the place where the slip and fall occurred, the specific location in and at the place where the slip and fall or trip and fall occurred, etc.)
  8. Report the slip and fall or trip and fall to the opposing party where the slip and fall or trip and fall occurred. Obtain a copy of the customer incident report for your records from the opposing party. After that, and moving forward, DO NOT COMMUNICATE WITH THE OPPOSING PARTY!
  9. DO NOT COMMUNICATE WITH THE OPPOSING PARTY’S OR OPPOSING PARTIES’ INSURANCE CARRIER(S) AT ALL! Only take note of the opposing party’s or opposing parties’ claim # or claim #’s. Anything that you say to the opposing party’s or opposing parties’ insurance carrier will be recorded. Anything that you say to the opposing party’s or opposing parties’ automobile insurance carrier can be used against you later on.
  10. Visit, seek, and receive the necessary medical services and/or medical treatment that you need for the bodily injury or bodily injuries that you suffered as a result of the motor vehicle accident regularly, consistently, and constantly IMMEDIATELY, RIGHT AWAY, WITHOUT DELAY, WITHOUT HESITATION. YOU HAVE A DUTY TO MITIGATE YOUR DAMAGES, WHETHER YOU HAVE HEALTH INSURANCE OR NOT!
  11. IMMEDIATELY, RIGHT AWAY, WITHOUT DELAY, WITHOUT HESITATION CALL THE JAGROOP LAW OFFICE FOR A FREE, INITIAL, TELEPHONE CONVERSATION, FOR THE LEGAL REPRESENTATION, FOR THE LEGAL HELP, AND THE LEGAL ASSISTANCE THAT YOU NEED!

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