While many slip and fall accidents result in injuries and inconveniences, in severe cases, these accidents can tragically lead to fatalities — often due to head injuries. When someone slips and falls on another person’s property as a result of negligence and dies, it constitutes a wrongful death case.
Slip and fall laws in California are designed to hold property owners accountable for known hazards to ensure the safety of visitors. However, when negligence comes into play, these laws can be disregarded, potentially resulting in fatal injuries.
In this article, our slip and fall accident attorneys and wrongful death lawyers in Los Angeles provide a comprehensive overview of what constitutes wrongful death, who can file a claim, how these cases are typically handled, and more.
What Constitutes Wrongful Death in Slip and Fall Cases?
Wrongful death in slip-and-fall accidents occurs when a person dies as a direct result of hazardous conditions on someone else’s property. The property owner either knew or should have known about these dangerous conditions but failed to address them.
Wrongful death slip and fall cases usually stem from serious injuries such as traumatic brain injuries (TBI), spinal cord damage, or internal bleeding after a fall.
Who Can File a Wrongful Death Claim for a Slip and Fall in California?
In California, not everyone can file a wrongful death claim. The law allows only certain people with a close relationship with the deceased to do so. In the case of a slip and fall wrongful death, the following parties are usually able to file a claim:
Surviving Spouse or Domestic Partner of the Deceased.
The surviving spouse or registered domestic partner is usually the first in line to file a claim. They may seek compensation for loss of companionship, emotional suffering, and the financial support the deceased would have provided.
Children of the Deceased
Biological or legally adopted children can file a wrongful death lawsuit. This is especially true if there is no surviving spouse or partner.
Other Financial Dependents
If there is no surviving spouse or child, other people who depended on the deceased for financial support may be able to file a claim. This can include stepchildren or parents.
Personal representative of the estate
In some situations, the person appointed to manage the deceased’s estate may file a wrongful death claim on behalf of all eligible family members. If there is no will, any compensation awarded is generally divided among surviving relatives according to California’s laws.
What Do I Need to Establish a Wrongful Death Claim?
To establish a wrongful death claim after a slip and fall accident, several elements must typically be proven — often with the help of an experienced slip and fall accident lawyer:
1. Duty of care. The property owner had a legal responsibility to maintain reasonably safe conditions for visitors or to provide proper warning of known hazards.
2. Breach of duty. The property owner failed to uphold this duty of care by allowing a dangerous condition, such as a wet floor, broken stairway, or poor lighting, to exist.
3. Causation. The breach of duty directly caused the fall that led to the victim’s death. In other words, the hazardous environment must have been the actual cause of the fatal injury.
4. Damages. Surviving family members must show that they suffered measurable losses as a result of their loved one’s death. These can include financial burdens, emotional suffering, and loss of companionship.
Statute of Limitations
In California, the statute of limitations for filing a wrongful death lawsuit — including one resulting from a slip and fall accident — is typically two years from the date of the person’s death.
This means that surviving family members or the estate must file the legal claim within that time frame. Missing the deadline can result in losing the right to seek compensation. To protect your rights, we highly recommend consulting a Los Angeles slip and fall lawyer as soon as possible to ensure your claim is filed on time.
Contact a Slip and Fall Lawyer (Los Angeles)
Wrongful death cases are not only emotionally overwhelming but also legally complex. Navigating a wrongful death claim while grieving the loss of a loved one can be incredibly difficult. Seeking guidance from experienced wrongful death or slip-and-fall attorneys in Los Angeles is essential.
A knowledgeable attorney can help ensure your claim is filed on time and that you receive the full compensation you are entitled to, such as medical bills, funeral costs, loss of income, and emotional suffering.
With over 25 years of experience, John J. Perlstein is one of the best personal injury and wrongful death attorneys in Los Angeles, securing fair and just outcomes. To set up a free consultation with one of the top Los Angeles personal injury law firms regarding a wrongful death slip and fall accident, fill out our form online or call us today at (213) 583-5786.