Slip & Fall Injury
Many people think that if they slip, trip or fall while they are out shopping in a public store, then they will be able to claim compensation back from the store that they were shopping in when the incident happened.
For many slips, trips and falls which happen in California, this is the case, and stores are normally required to take out proper insurance so that they will be covered if something like this does happen.
Why should Stores Pay Compensation?
A store owner (or any building owner including homeowners) has a responsibility to protect anybody who comes into that store. If someone hurts themselves whilst within that property, and the property owner has not done everything reasonable within their power to prevent the injury from happening, or to prevent the injury from becoming worse before the arrival of a medical professional, then that store owner may be considered to be liable for that slip and fall injury.
Even if the accident is a freak accident which could not have been prevented by the store, then their insurance company may still pay out to you.
Why your slip, trip or fall may not be covered
If there is evidence that you faked an accident so that you could try to claim compensation from a store, then it is unlikely that you will receive a compensation check from them.
If the store believes that this is the case, then they are within their rights to contest the claim and they may even end up getting money back off of the “victim” if it is decided that it was their intention to make a fraudulent claim.
Fraudulent insurance claims are illegal in California and you may be prosecuted if you are found guilty of making a false claim. A store or their insurance may also not be required to pay out if it is shown that the accident happened because of your own negligence.
If your behavior was the primary cause of the accident then the law may find in the favor of the store. An example of this could include slipping on a drink that you were responsible for spilling.
Unless the store was found to have contributed in some way to the accident that you had, then the law may not find in your favor.
When You Should Speak to a Lawyer
Speak to a personal injury lawyer if you have been hurt in a slip, trip or fall accident in California. Most insurance companies will offer you as little compensation as they can.
Stockton / San Francisco / Los Angeles
Speaking to a lawyer now can help you to get the most compensation based on the circumstances of your accident and the extent of your injuries. Drake Law Firm has several locations including San Joaquin Valley and Stockton, San Francisco and Los Angeles.