San Diego Slip and Fall Accident Lawyers
Fighting for victims of slip and fall incidents.
When you enter onto another person or entities premises, an entire list of legal norms are activated, likely without your prior knowledge. There are a whole host of issues that must be contemplated when anyone is on someone’s property as the unfortunate reality is that many people in San Diego every year are injured while on someone’s property. If you are a victim of a slip and fall accident, San Diego Injury Law Center can help.
If you have been injured as a result of a slip & fall incident, you need to take action. Contact the slip & fall lawyers at the San Diego Injury Law Center today to schedule a free initial consultation. In the meantime, below is a brief overview of the issue of slip & fall liability in San Diego County.
Whether you own a property or you lease it, the law considers you to be responsible for keeping the premises safe for those who could reasonably be foreseen to enter your premises at some point. It doesn’t make much of a difference if that property is private or exists as a business “ you need to keep the area safe and free of unreasonable dangers.
For instance, there is a duty to warn anyone who comes onto your property of any dangerous defects to that property, particularly those defects that are less than obvious, such as a tricky floor board that can cause someone to fall or a wet floor that doesn’t look wet. Failure to properly warn people of these dangers can lead to the finding of liability against the property’s owner and/or the property’s manager.
Guests on someone else’s property fall into different categories depending on the nature of their visit, and this is important because the determination of that persons status could go a long way towards defining any recovery he or she would obtain after an injury. For example, if you run a business thats open to the public, any customer who enters the premises would be considered an invitee whether that person is specifically invited or simply sees a sign.
A person can also be a licensee if he or she is on the property to perform a specific duty, such as repair the plumbing or to come in and clean the premises. In fact, a property owner generally only escapes liability if the person who is injured was clearly on the premises without permission and against the will of the property owner. This also requires that there not be an attractive nuisance present on the property that would likely draw visitors, whether they would be wanted or unwanted.
What To Do After A Slip And Fall Accident
A slip and fall accident is the most common type of premises liability accident, occurring when a guest or resident falls on a slippery surface. A fall attributed to a break or inconsistency in flooring is generally referred to as a “trip and fall.”
Signs of unreasonable maintenance that can lead to injury may include obstacles on walkways, slippery surfaces, broken concrete, tears in the carpet, loose rocks or gravel, wet areas, low lighting, broken stairs, loose handrails, unsafe porch or balcony areas, broken glass, etc. The presence of dangerous conditions such as these may indicate that a property owner did not inspect his property on a regular basis to ensure safety.
Homeowners, owners of rental properties, parking lot owners, business owners, and any owners or management personnel who control private properties may be held accountable for injuries resulting from unsafe premises..
After an injury on another’s property, you should examine your behavior to identify where liability may lie. The property owner’s insurance company will undoubtedly ask you questions in an attempt to identify if fault lies with you. We advise that you refrain from talking to the property owner’s attorney until you are fully aware of your rights. It is a good idea to consult an attorney because in many cases, injured parties may incorrectly blame themselves or think that they could have been more careful when, in fact, the property owner may be solely at fault.
After you decide to pursue a trip and fall or related claim, your attorney will investigate your incident in hopes of finding evidence that shows how long the dangerous condition existed. Interviewing others may yield important information and reveal a previous complaint or show that the owner in fact had knowledge of the potentially dangerous condition and did nothing to fix it.
Steps to Take After a Slip and Fall Accident
Learn about the right steps to take after being involved in a slip and fall accident.
Report the Fall
Report the accident to the appropriate authorities. If the fall occurred in a commercial setting like a shopping mall, or restaurant, report it to the property owner, supervisors, manager or other personnel.
Get Medical Help
A fall typically results in fractures, back injuries, and other possibly serious injuries. Get medical care, even if your injuries do not seem serious at the time. Remember, failing to get medical help after an accident could actually weaken your claim.
If you are able to, or if you have a friend with you, take pictures of the scene. If there was a defective condition like a broken staircase, or loose guardrail, take photographs of these. Pictures can provide powerful evidence when it is time for you to file a claim against the premises owner.
Talk to Witnesses
If your fall has occurred in a public place or in a commercial setting, it is very likely that there are witnesses at the scene who have witnessed your accident. It is also very likely that they have seen the dangerous condition that caused your fall, like the slippery floor, loose floor mats, or ice on your doorsteps steps. Take down contact information of all witnesses.
Do Not Speak
Do not talk about your injury, your accident, or any other details of the case with any insurance company representative who comes to meet you. You are under no legal obligation to do so, and doing so without the presence of an attorney could actually jeopardize your claim.
Call a Slip and Fall Attorney
Contact an experienced slip and fall lawyer to determine your legal options for compensation after an accident.