San Diego Slip-and-Fall Lawyers
The skilled San Diego slip-and-fall lawyers at Bisnar Chase have successfully helped numerous injured victims and their families seek and obtain fair and full compensation for their significant losses.
Slip-and-fall accidents often result in serious injuries that keep individuals from returning to work. Victims may also face significant physical therapy expenses and other treatment costs.
If you or a loved one has been injured in a slip-and-fall accident in San Diego, please contact us to obtain more information about pursuing your legal rights.
A slip-and-fall accident occurs when an individual is injured as the result of a fall on someone else's property. Not all victims of falls, however, are able to seek compensation from the property owner.
Only those who have fallen because of a dangerous floor, broken flight of stairs or other hazardous condition are potentially able to hold the property owner accountable for their injuries. It is important for victims of slip-and-fall accidents to understand their legal rights and options.
What Caused the Accident?
It is critical to consider what caused the accident and if negligence was a contributing factor in the incident. Did the property owner fail to properly maintain his or her premises? What caused the accident? Did the property owner fail to properly warn visitors, guests or tenants about the hazardous condition? How long did the property owner have to fix the dangerous condition? These are some important questions that must be asked in these cases. Determining liability can be challenging in a premises liability case, but it is an important part of the claim process.
Determining Liability for a Slip-and-Fall Accident
If you wish to hold a property owner legally responsible for your injuries, one of the following must have occurred:
- The owner of the property or an employee on the premises must have known of the dangerous conditions.
- They should have failed to fix a dangerous condition.
- The owner of the property or an employee should have known of the dangerous surface because a reasonable person in charge of the facility would have found, removed and repaired it.
The Obligations of Owning a Property
Property owners and managers are responsible for keeping their premises safe for visitors, guests and tenants. In general, property owners are required to make regular efforts to keep a property clean and safe. There are a number of questions that investigators will ask to determine if the property owner was liable for the incident. When was the last time someone thoroughly examined the property for hazardous conditions? Have their been complaints about dangerous conditions? How long was the dangerous condition present? Was there enough time for the owner to have learned about the situation and taken the steps necessary to fix it? Were warning signs placed around the hazardous condition? Should a barrier have been created to warn visitors? Did poor lighting contribute to the incident?
How You Act Matters
Before holding a property owner accountable for an accident, you will have to prove that you were acting in a reasonable manner. Were you legally on the premises? Were you acting recklessly? Some slip-and-fall accidents involve the issue of comparative negligence where both parties share responsibility for the accident.
It must be determined if you had a legitimate reason for being where you were at the time of the accident. You will also have to show that you could not have reasonably known of the hazardous conditions. If there were warning signs around the slippery floor, you should have reasonably known to walk around the wet area. You are also responsible for causing your own injuries if you were distracted or careless at the time of the incident. You will struggle to hold the properly owner solely responsible for your injuries if you were walking while texting, intoxicated or behaving recklessly.
The Potential Value of a Claim
Since every case is different, determining the value of your slip-and-fall case can be challenging. If you are able to prove that you suffered an injury because of a dangerous condition that the property owner knew of failed to fix, you may be able to seek compensation for:
Current and future medical bills: All related emergency room services, hospitalization costs, expenses relating to medical devices and prescription drugs should be covered by your claim. You may be able to receive support for physical therapy services and other treatments that you will need in the future.
Lost wages: If you have had to miss work due to your injury, you may be able to receive compensation for your lost wages. If you have suffered a serious injury that affects your ability to work, you may be able to seek compensation for future lost wages as well.
Pain and suffering: In some cases, it is possible to pursue compensation for non-economic losses such as physical pain and mental anguish.