Porto’s Bakery first opened in 1976 in Echo Park, California, and quickly became a local favorite. Since then, the business has expanded to six locations and is known all over the country for their signature potato balls and guava and cheese strudels. Customers can pick up orders, place orders online, or dine-in from early morning till night, which means these places are extremely busy all day long. As a result, it’s essential for owners to keep the premises clean and free of hazards that can cause injuries.
Slip and fall and trip and fall accidents are the most common sources of injury at a store or restaurant. If you fell down at a Porto’s Bakery due to a dangerous condition that should have been fixed or resolved, call us right to learn about your legal rights. You may the right to monetary damages, which can help with the costs of recovering from your accident. To ensure that you are compensated for the harm you’ve suffered, contact Normandie Law Firm and schedule a free case review.
Hazards that can cause People to Fall Down at a Bakery
A fall-related accident can happen just about anywhere, but stores that serve food and drinks are especially prone to these incidents. According to the Center for Disease Control, over three million people every year require emergency treatment due to a slip and fall or trip and fall. In addition, these accidents are the number one cause of traumatic brain injury (TBI) and hip fractures. Hazards that can cause someone to fall down at a Porto’s Bakery include:
- Slippery spots on the floor from food, grease, and beverages.
- Debris left on the floor that people can slip on (napkins, menus, etc.)
- Worn areas on tiles and carpets
- Mats and rugs that will not stay flat
- Sticky floors from dropped food (pastry fillings and cake frosting, for example) or improper cleaning methods
- Lack of warning signs if there is a spill or the area has been freshly mopped
- Uneven or missing flooring (missing floorboards and tiles)
- Exposed cords and wires
- Water leaks inside and outside the property, usually from leaking pipes
- Poor lighting that can keep you from spotting a slip and fall / trip and fall hazard
- Failure to remove ice and snow from outdoor areas, especially sidewalks and parking lots
- Lack of or defective anti-slip resistant mats
- Accidents in bathrooms from leaking sinks and toilets, soap residue, and insufficient handrails in handicap stalls
- Defective / missing step railings
- Boxes, tools, step ladders, and other items that are not put away after use
These are all acts of negligence by the owner or employee, which means they have failed in their duty of care to ensure the safety of their property. However, this is not a comprehensive list, so please discuss your case with a slip and fall – trip and fall attorney at our law firm.
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Injuries from a Slip and Fall or Trip and Fall
When you slip or trip on something and fall down unexpectedly, it’s very likely that you will suffer from one or more serious injuries. To give you an idea of what can happen, let’s take look at the most common injuries that are associated with a slip and fall or trip and fall accident.
Head injuries
Traumatic brain injury, skull fracture, and concussion can happen from hitting your head against the floor, ground, furniture, or many other objects that are on the premises of an eatery. We previously mentioned that slip and falls are the leading cause of TBI. This is an extremely serious brain injury that can cause seizures, cognitive impairment, permanent nerve damage, and sensory loss (loss of hearing, vision, smell, and taste).
Facial injuries
Areas of your face – above and beneath the skin – can be severely damaged from an unexpected fall. Possible injuries include broken nose, dislocated jaw, damaged eyes / eye socket, and deep cuts that lead to permanent scars. Depending on the impact, you could end up with lifelong complications, such as vision loss, TMJ (recurring jaw pain), and problems breathing.
Hip fracture
Fractures of the hip and pelvis are the most common injury from trip and falls and slip and falls, especially if the victim falls sideways. This injury can be deadly if you are over the age of 65, though even younger patients can up with permanent disability. Due to the serious nature of a hip fracture, please go to emergency room if you feel pain in your hip or pelvic region after a fall-related accident.
Damage to the neck and spinal cord
The neck and spinal cord are two of the most sensitive areas of the body. Serious injuries (typically from a traumatic accident) can cause severe pain, numbing or weakness, or paralysis in the affected area. Left untreated, this can lead to irreversible damage, so make sure to get medical attention right away if you suspect an injury to your neck or back.
Ruptured or punctured organs
Blunt force trauma from a slip and fall or trip and fall can rupture or puncture the internal organs. These are catastrophic injuries that require immediate treatment. Otherwise, you can suffer from organ failure, infections, and severe internal bleeding, among other deadly health conditions.
Knee injury
You are likely to fall on to your knees when you trip or slip on something, and the resulting impact can cause significant damage to the kneecaps. You can easily dislocate your shatter your kneecap or damage the tendons and ligaments of the knee. Surgery is often needed to treat the injury, followed up by months of physical therapy and pain medications.
Can I Sue for an Accident at Porto’s Bakery?
To sue Porto’s Bakery for your accident, you must show that they owed you a duty of care as a customer or some other legitimate visitor on their premises. Then, you will need to show that the business breached that duty of care through an act of negligence. In essence, negligence is the failure to take reasonable care for the sake of preventing injuries to another party. This can refer to many different actions on the part of a property owner. Cleaning up spills, replacing worn or broken items, and proper security measures are just a few examples of reasonable care that must be taken by a commercial property owner.
With places like Porto’s Bakery, it’s important to note that employers may be responsible for the actions of their employees. This is known as vicarious liability, meaning that the employer is indirectly responsible for negligent acts or misconduct by their employees, as long as they occurred within the scope of employment. Thus, if an employee caused a dangerous situation or failed to take care of a hazard, the owner is still liable for an accident from a slip and fall or trip and fall.
A lawyer experienced in fall injuries can help you obtain the compensation you deserve. Call us right away to schedule a free case evaluation.
How much can I Receive from a Lawsuit?
Damages in a personal injury case are meant to cover a victim’s losses, which can be financial and emotional in nature. In a fall accident case against Porto’s Bakery, you may be able to receive:
- Medical costs (including future medical expenses)
- Lost wages (and future lost income)
- Pain and suffering
- Mental anguish
- Property damage
- Attorney’s fees
- Punitive damages
The total amount of all these losses can be substantial, due to the nature of the injuries you can sustain from a slip and fall or trip and fall. When these accidents happen on retail properties, like restaurants and supermarkets, the total damages may be in the range $250,000 to $500,000 and above. If there are serious, lifelong health issues, like brain damage and paralysis, a settlement can exceed $1.5 million. These are estimates, however, so please see one of our attorneys for an approximate value of your case.
How long will it take to Settle my Case?
Claims against major businesses can take many months to resolve, depending on the extent of your injuries. Settling claims with minor injuries can take just a few months, but moderate injury cases can take 6 months or longer. For severe injuries, negotiating a fair amount of damages can take up to 18 months. Of course, we are likely to face greater resistance for claims with high values, which may necessitate the filing of a lawsuit. Recovering your payment will probably take 2 or more years at that point, especially if a trial is required.
Deadline to File a Fall-Related Injury Claim
You have two years from your accident date to seek payment for a slip and fall or trip and fall injury in California. If your injury is discovered at a later time, you have up to two years from the date of discovery to file a lawsuit. If you go past the statute of limitations for your lawsuit, there are very few cases where an extension can be granted. Thus, it’s imperative that you call us right away and start taking action on an injury claim.
Schedule a Free Second Opinion
Some clients need another perspective on certain issues in their case. They may be confused about their legal rights or want verification of what their attorney has told them. A second opinion can also help if you’re unhappy with your lawyer and don’t know where to turn. We can help you with any concern you have and help you make the necessary choices to ensure a successful outcome in your case. There is no fee for the second opinion, nor are you under any pressure to leave your law firm. If you’re in need of advice from an alternate attorney, please schedule a consultation at your earliest convenience.
Our Zero Fee Guarantee
The act of falling down seems so ordinary, yet accidents involving falls are responsible for 684,000 deaths worldwide every year, according to the World Health Organization. There’s no denying the serious nature of these accidents and the injuries they cause. Most of these incidents are preventable through basic cleaning and repairs, but unfortunately, some businesses get lazy or careless when it comes to the maintenance of their property.
If you were harmed from a slip and fall or trip and fall at Porto’s Bakery, we can help you recover the settlement you deserve. You can call us right away and retain one of our attorneys without spending a penny. We offer free legal services under our Zero fee guarantee, since you have enough to worry about as an injury victim. Our costs are covered by Porto’s Bakery along with your payment, and if we don’t win your case, you won’t be responsible for any legal fees.
We look forward to assisting you in your journey to recovery. To learn more about the legal actions that are available to you, don’t hesitate to give us a call.
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