Slip and Fall Accident

Personal Injury – Slip and Fall Accident Lawyer San Diego

The term “slip and fall” or “trip and fall” describes the type of personal injury that occurs on someone else’s property, usually as a result of a defective surface, a slippery substance, or a variety of other dangerous conditions. The cases are encompassed on a legal doctrine know as “premises liability.” The general Slip and Fall Law in San Diego is that an owner of property owes a duty to his or her guests (if it is a business then customers are considered “guests”) to keep the property in a reasonably safe condition and to correct dangerous conditions.

Personal Injury – Slip and Fall Law – Understanding the law in San Diego

Injuries on real properties occur in a variety of circumstances, including in parking lots, restaurants, supermarkets, and shopping malls. Dangerous conditions such as torn carpeting, changes in flooring, poor lighting, narrow or poorly maintained stairs, or a wet floor can cause victims to slip, trip, fall, and sustain serious injuries. The owner or operator of a business in San Diego has a legal duty to maintain the premises in a reasonably safe condition, or at least warn the public of a dangerous condition that they caused, were aware of, or should have been aware of. If an unsafe condition occurs then the owner generally has a duty to fix it and prevent others from being injured as a result of it. If these conditions are not met, and you injure yourself on their property as a result of the property owner’s failure to meet these conditions, you can pursue the property owner or operator for your damages. This includes pain and suffering damages, medical bills, past and future lost earnings, physical therapy to properly recover, and other damages.

Premises liability claims encompass a variety of injuries on both private property and public property in San Diego and may include injuries sustained in:

  • Parking lots
  • Stores
  • Building corridors
  • Outside on private or public land
  • Engagement in recreational activities
  • Swimming pools
  • Hotels/Motels
  • Elevators
  • Restaurants
  • Apartment buildings and condominiums

There are many causes of the unsafe conditions that lead to a slip and fall. This can include unsafe flooring, failure to clean or dry floors properly, failure to properly secure carpeting, failure to warn of wet surfaces, failure to warn uneven surfaces, inadequate lighting in an area such as a hall, stairwell, or open area, failure to fix broken railings, or failure to fix potholes. These are only some examples of unsafe conditions that can lead to injuries for which you should be compensated.

Personal Injury – Slip and Fall Negligence

Negligence is the claim frequently brought in a lawsuit resulting from a slip and fall/premises liability case. Negligence is a claim based on recklessness or carelessness as opposed to an intentional tort. In civil litigation, if a plaintiff (injured party) proves that he or she was harmed through the negligent actions of another, they can recover damages.

In our society, people and entities owe a general duty of care towards you to not cause harm you (such as by leaving a hole in the floor, not cleaning up a liquid spill, or not fixing a broken light near a slippery surface). To prove Negligence it must be established that a duty of due care was owed and the defendant(s) breached their duty of due care – and as a result someone (the plaintiff) was harmed. The test to establish a breach of the duty of due care is whether a reasonable person in the same situation would have acted differently. This is both a subjective and objective test and is generally fact specific. Often times it involves expert testimony to help establish this. Establishing a Negligence/Premises Liability cause of action will entitle someone to obtain economic and non-economic damages, including pain and suffering, emotional distress, lost wages, medical bills, and other damages.

Personal Injury – Slip and Fall – What can be done

As a victim of a slip and fall or other injury related to an unsafe condition, you may be compensated for your medical bills, physical therapy and rehabilitation, any loss of past wages or future earnings, pain and emotional distress, and may even be awarded punitive damages. In certain situations, your spouse or significant other may also be entitled to compensation for what is referred to as “loss of consortium.”

The Personal Injury and Slip and Fall lawyers at the Justice Law Group of San Diego will investigate the circumstances surrounding your Slip and Fall/Premises Liability case using our legal experience and private investigators when necessary. This includes retrieving all available clean up records, litigation history of the defendants, police reports, video recordings, past complaints, and other relevant evidence. We will work with healthcare providers to get you the medical treatment that you need, often on a lien basis. Depending on the severity of the accident, this may include long-term treatment and loss of earnings, which needs to be factored into any potential settlement.

Slip and fall lawsuits in San Diego may also stem from any kind of unsafe or dangerous conditions on the premises, or defect in the construction of, or inadequate maintenance of the premises where an injury or accident occurs. This may lead to a whole other area of liability for the business owner or operator.

How much do we believe in our ability to successfully fight for you? If we take your case, you pay NO ATTORNEYS FEES, unless and until we recover payment for you.  At the Justice Law Group of San Diego, you will not be passed to a secretary or paralegal, instead you will speak to the Personal Injury and Slip and Fall lawyers who will be handling your case all the way through trial when necessary. Call us today. 858.412.0019 or