San Diego Slip/Trip and Fall Lawyers
Some falls have no discernible cause, but when you’ve tripped over an object or pavement defect that shouldn’t have existed, or if you slip on a wet surface and are injured, you may have a claim for compensation from the person, company, or government entity that caused the defect or dangerous condition. It is the responsibility of the owner of a property that is open to the public to keep the property in a safe condition. If the party responsible for the condition of the premises fails in this responsibility, they may be liable to compensate the victim of any accident resulting from an unsafe condition.
Unsafe Premises Conditions that May Indicate Negligence
Some of the conditions caused by negligent maintenance of property that are often grounds for a legal action are:
- Fallen merchandise or food spilled in the aisle of a store
- Wet leaves, acorns, or fallen branches on a walkway
- Wet, slippery pavement
- Wet floors near a store entrance
- Torn or uneven carpet
- Steps without guard rails
- Roots elevating part of a sidewalk
Falls—a Common Cause of Serious Injury
Falls are a leading cause of emergency room visits in this country, and they cause a shocking number of deaths, especially among the elderly. The Centers for Disease Control reports that falls are responsible for around 8,000,000 non-fatal injuries and 24,000 deaths annually in the United States. Many of these falls and resulting injuries are preventable and are caused by a person or a business that creates or allows a dangerous condition to exist on their property.
What You Need to Prove
To succeed in a California slip, tip, and fall premises accident, you will need to prove these four things:
- That the owner or party in control of the property owed you a duty of reasonable care
- That the owner or party in control of the property breached that duty
- That because of the breach you were seriously injured and suffered actual demonstrable damages
- That the breach was the proximate cause of your damages
The insurance company covering the property will nearly always dispute your claim and try to blame you for your injury. Insurers have their own adjusters and lawyers whose job it is to keep them from having to pay out money for their policyholders. To level the playing field and put yourself in a better position to fight back, you should have a personal injury lawyer with experience in slip, trip, and fall cases working for you. A good lawyer, for example the premises lawyers at Harrison & Bodell in San Diego, will be able to protect your interests and your right to a recovery.
Immediately After Your Fall
When you fallen and sustained an injury, you should call immediately for help. Report the accident to the owner or manager of the premises. The most important thing to do is to get the medical help you need. Go to the emergency room of a nearby hospital, an urgent care clinic, or your own doctor. Jot down contact information for any witness and snap a few pictures of the scene on your cell phone camera if you can, or ask someone to do it for you.
Experienced San Diego Slip, Trip, and Fall Lawyers
The premises liability lawyers at Harrison & Bodell will investigate your accident and take all necessary steps to protect your right to recover damages. We accept slip, trip, and fall accident cases on contingency. You don’t pay unless we win, so call us today.