Slip and Fall Accident

Prison Guard to Sue State for Slip and Fall Accident Injuries

- Paul Zuckerman

When an employee is injured on the employer’s property, a claim for compensation is usually filed as a worker’s compensation case against the employer. But a recent decision involving a prison guard in California allows for a certain exception, allowing the employee to pursue a claim through a civil case under a slip and fall liability lawsuit.

When the Employee Works and Lives in the Employer’s Premises

The plaintiff is an employee of the San Quentin prison where he also rented and resided in one of the housing units maintained for prison guards. While walking to work one morning, the prison guard fell when a step collapsed underneath his feet, causing injuries.

The guard filed a workers compensation claim and received benefits from it. He then filed a slip and fall case against the State, claiming that the stairs’ defective construction and poor maintenance caused his fall and injuries.

In the trial court where the case was first heard, the judge ruled that the guard’s injury was a proper case for worker’s compensation and could not recover further damages through a premises liability lawsuit.

Not satisfied with the trial court’s decision, the plaintiff appealed his case and obtained a favorable ruling from the California appellate court. This court held that because the prison guard worked and lived on property owned by his employer, he might pursue a personal injury claim through a premises liability lawsuit.

This rule applies only if the residency was purely voluntary. If the guard’s employment contract or the needs of his job required him to live on-site, then the outcome may have been different, and his exclusive remedy would be limited to a workers compensation claim.

If you have been injured in a slip and fall accident on another person’s property, you may be entitled to compensation for your injuries. Not all accidents can be pursued through a premises liability lawsuit. Your personal injury attorney must first be able to assess your situation and determine the appropriate case to file against the negligent parties.

Representing Los Angeles and San Diego Residents

Carpenter, Zuckerman & Rowley is one of the largest personal injury law firms in the Los Angeles and San Diego region. We have extensive experience in obtaining multi-million dollar outcomes for clients, helping them receive the maximum compensation for their injuries.

Our attorneys offer a free initial consultation to assess your situation. Call us today at (213) 514-8332 to speak to discuss your particular case.


Why Hiring a Slip and Fall Attorney Is the Right Choice

- Paul Zuckerman

When you have a slip and fall accident, you may be in severe physical pain and drowning in medical bills. Oftentimes, a slip and fall is due to the negligent or reckless acts of another individual or entity. As a result, you may be able to recover compensation from that individual or entity.

To obtain monetary damages in your slip and fall case, you must file a lawsuit against the responsible party. While you can do this on your own – often called “pro se” – it is much easier, and safer, to hire an experienced personal injury attorney that has handled many slip and fall cases throughout his or her career.

The Benefits of Hiring a Slip and Fall Attorney

The slip and fall attorney you hire, ideally, has handled many cases like yours before. Your attorney should be able to evaluate your case and see its strengths and weaknesses. After evaluating your case, he or she should be able to give you an idea of the monetary damages to which you are entitled, as well as whether there are any factors that will make your case more or less likely to win in front of a judge or jury.

Additionally, an experienced personal injury attorney will be able to engage in settlement negotiations that are tactful, yet aggressive.

He or she should have a record of securing fair compensation for past clients. Many personal injury attorneys will give examples of past monetary damages they have recovered for clients whose cases they have handled. If your attorney is skilled at settlement negotiations, you are more likely to recover monetary damages that are adequate for your particular case. Furthermore, you will save time and money by settling, as you will not have to go to trial.

If you do have to go to trial, your slip and fall attorney should be skilled at conducting trials. When you are thinking of hiring an attorney, ask what his or her record is in terms of obtaining favorable jury verdicts for his or her clients. Ideally, you want to hire a personal injury attorney who wins most of the cases he or she takes.

Get a Free Consultation

The personal injury attorneys at Carpenter, Zuckerman & Rowley have years of experience handling slip and fall cases. We handle each client’s case with compassion and care while aggressively litigating to uphold their rights under the law.

For an initial consultation on your personal injury claim, we welcome your call at (213) 514-8332.

Paul Zuckerman Speaks at Beverly Hills Bar Association

- Paul Zuckerman

BHBA logo

The Beverly Hills Bar Association has selected Los Angeles attorney Paul S. Zuckerman to present an educational seminar on Feb. 3rd, 2015.

Litigating Advanced Slip/Trip & Fall Cases” is an interactive course tailored to the advanced personal injury practitioner who wants to learn about recent developments and strategies to win premises liability cases.

Recognizing that slip/trip and fall cases can be lost before they are filed, this class begins with an overview of how to improve your case pre-litigation. Scene preservation – including the right to inspect public facilities, pre-litigation without notice – is discussed.

The course further addresses the trivial defect doctrine, the case law surrounding the doctrine, and ways in which a plaintiffs’ lawyers seek to avoid application of the doctrine. The presentation also includes discussion of the law surrounding public entity liability, especially sidewalk cases and dangerous conditions of public property.

The course next addresses the science of slip testing, the watershed USC study, and the attack the floor strategy that allows plaintiffs to prevail even when it appears that the defendant lacked any notice of the defect.

Click here to register for the seminar

About the Beverly Hills Bar Association: 

The Beverly Hills Bar Association (BHBA) was founded in 1931 to advocate for justice in the community and to assist its lawyer members reach and exceed the highest levels of legal skills and ethics.

Today, this revered institution has over 5,600 members practicing in all areas of the law and throughout the Los Angeles region, who share a commitment to professional excellence and service. It is the largest voluntary bar association in the State (that is not a county bar association), and the fifth largest metropolitan bar association in California.

For more than eight decades, BHBA lawyers have enjoyed the sense of solidarity with their distinguished peers that membership brings; the sense of accomplishment that professional advancement produces; and the sense of selflessness that public service engenders.

They participate in the work of the Association through its Sections, Committees, task forces, and the Barristers. And they find plenty of time for networking and socializing at our many parties and events.

What to Do If You’ve Been Injured in a Slip and Fall Accident

- Paul Zuckerman

Slip and Fall LawyersIt may not seem likely, but slip-and-fall accidents are the second most common cause of unintentional injuries and deaths in the U.S., according to the National Safety Council (NSC). Slippery floors, cluttered hallways, or broken staircases can cause serious accidents, particularly among adults ages 65 and older, who are four times more likely to suffer a fatal fall than other age groups.

The Los Angeles premises liability lawyers at Carpenter, Zuckerman & Rowley LLP have helped dozens of injured clients obtain the financial compensation they need after falling due to the poorly maintained conditions on premises.

Regardless of age, if you have been injured in a slip-and-fall accident, it is important that you understand what steps to take in order to prevent further injury and to protect your rights.

  • Call emergency responders and wait for medical treatment.
  • If anyone witnessed the accident, be sure to get their contact information.
  • Take pictures of where you fell that show that there were no signs, cones, or tape to warn you about the hazardous area. Take pictures of your injuries, if possible.
  • Report the accident to the property manager and request an incident report before you leave.
  • Seek professional medical care immediately.
  • Record any financial losses you have suffered as a result of your injury. Keep receipts for hospital visits, prescription purchases, or other expenses.
  • Take notes on your physical or emotional struggles since the accident.

The slip-and-fall attorneys at Carpenter, Zuckerman & Rowley have the experience to help you determine liability and obtain the financial support you need. Contact usonline or call our Los Angeles office at 213-514-8332.

When Slip and Fall Accidents Go Beyond a Clumsy Mishap

- Paul Zuckerman

Let’s face it, we all have klutzy tendencies. We might trip over shoes left in the hallway at home or bump into the corner of a desk at work. On the other hand, slipping and falling at a supermarket because the floor was wet or tripping over an unmarked step and falling down at a gas station is usually the result of something far worse than being clumsy. Negligence is often identified as the root cause of several types of accidents, including trip and fall accidents at public buildings and various types of businesses.

Slip Fall LawyersWhile it’s easy to assume that slipping and falling or tripping and falling wouldn’t result in injuries serious enough to require medical attention, this couldn’t be further from the truth. Obviously, every slip and fall accidentis different. However, in a lot of instances, a person will fall down multiple steps along a staircase, hit their head with great force from a fall, fall onto a hard surface, or even fall on top of a sharp object. Some of these events can happen all together, and even when they don’t, a person can suffer serious injuries that may require months, if not years, of medical care, treatment, surgery, and rehabilitation. Individuals involved in trip and fall accidents have been known to sustain broken bones, torn ligaments, lacerations, head injuries, spinal cord injury, and even brain trauma.

It is the responsibility of every property owner as well as those in charge of managing the property to monitor conditions and respond to any safety hazards within a timely manner. If a property owner is aware of a potential risk or safety issue and chooses not to fix it, or fails to fix it within a reasonable amount of time, this would likely constitute negligence if someone is injured as a result. Whether it’s a slippery floor, a broken step, a missing railing, or another type of obstruction on a piece of property or at a place of business, if a person is injured, they may be able to seek compensation from property owners and/or managers.

Slip and fall accident lawsuits aren’t about pulling a scam. There are legitimate injury claims out there affecting the lives of people and their families who deserve to receive compensation to pay for years of medical expenses and pain and suffering caused by another person’s oversight. Have questions about your particular slip and fall accident? Contact the Los Angeles premises liability attorneys at Carpenter, Zuckerman & Rowley for a free consultation by calling 213-514-8332.