A slip trip or fall accident can occur anytime, anywhere – causing serious injury or even death. If you or a loved one has suffered a severe injury, contact the San Diego slip and fall accident lawyers at CaseyGerry. We can help you recover the compensation you deserve. Call (619) 238-1811 or request a free consultation online today
Why Choose Us?
- We have been advocating for injury victims for over 70 years and have secured billions of dollars in compensation for our clients.
- As soon as you hire us, we will immediately begin collecting evidence to support your claim and have two full-time certified private investigators on staff.
- We take slip and fall cases on a contingency fee basis, which means there are no upfront fees, and we only get paid if you do.
Common Slip And Fall Injuries And Damages
According to the Center for Disease Control (CDC), one of five falls causes a serious head injury or broken bone, with over 800,00 people are hospitalized each year because of a fall injury. The National Safety Council reports that falls are the third leading cause of unintentional death in the U.S., accounting for nearly 32,000 fatalities in 2014.
When victims survive, the harm they suffer can be catastrophic with life-altering repercussions. Common injuries suffered in slip and fall accidents include:
Head and Brain Injuries
Falls are a leading cause of traumatic brain injuries (TBIs). A mild concussion may resolve itself in a few weeks, but a severe TBI can leave a victim with permanent disabilities.
Neck and Back Injuries
Lower back muscle strains and sprains, compression fractures, herniated discs, tailbone injuries, and spinal cord injuries are common in slip and fall accidents. A serious spinal cord injury can result in varying degrees of paralysis and loss of sensation below the level of damage.
Hip Injuries
More than 95 percent of broken hips are due to falls, according to the CDC. The elderly are at particular risk of this type of injury.
Shoulder Injuries
Brachial Plexus injury and shoulder dislocations are common when a fall causes a jolt to the shoulder.
Fractures
Broken bones often occur in the wrists, ankles, and especially the hips.
Sprains and Strains
When a person lands hard from a fall, they often suffer sprains and strains in the soft tissue of the legs, ankles, arms, wrists, or hands.
These injuries frequently result in significant medical bills and lost wages due to missed work. Sometimes extensive medical care, such as surgeries, physical therapy, and rehabilitation are necessary after a serious fall.
Common Causes Of Slip And Fall Accidents
Negligent property maintenance is a common cause of slip, trip, and fall incidents. Property owners are required to maintain their property and prevent falls caused by dangers. Claims for slip and fall injuries commonly arise from:
- Broken railings
- Worn and uneven flooring
- Crumbling steps
- Slippery conditions due to spilled liquids, leaky coolers, and recently mopped floors.
- Poor lighting obscuring potential hazards
- Debris or loose materials in a walkway
- Damaged walkways or parking lots
- Potholes, pits, or other open holes
- Inaccurate stacking or securing of inventory
- Escalator failure
- Elevator malfunction
A brief fall might be all that is needed to snap a ligament, fracture a bone, or cause a severe head injury.
Compensation Available in a San Diego Slip and Fall Accident
After a slip and fall accident, victims may be able to hold the property owner or manager responsible and recover compensation, known as damages, for the following:
- Current and Future Medical Expenses: That includes emergency services, hospitalizations, surgeries, doctor visits, prescription medications, physical and rehabilitative therapy, in-home care, and any other injury-related medical care expenses, including future treatment.
- Current and Future Lost Income: You may be unable to work for some time and have the right to recover your current lost wages and the income you are likely to lose in the future. If you cannot earn the same amount of income or have to go into a different line of work because of your injury, you may also be able to obtain compensation for diminished earning capacity.
- Property Damage: Reimbursement for the repair or replacement of any items that were damaged in your fall. For instance, your phone, jewelry, clothing, purse, backpack, laptop, etc.
- Pain and Suffering: Compensation for the physical and/or psychological harm (e.g., emotional distress, loss of enjoyment of life, etc.) you have suffered due to your slip and fall injury. Since these damages are not calculable losses, different factors are considered to develop this figure. For example, the degree of the property owner’s negligence, the severity of your injuries, the impact they have on your life, your age, any pre-existing injuries, and more.
To successfully obtain compensation, the court will consider whether the property owner could have reasonably prevented the accident and if you were legally allowed on the property when the injury occurred.
When is a Property Owner Liable for a Slip and Fall Injury?
Property owners in San Diego have an obligation to keep visitors reasonably safe from harm. However, the standard of care to which property owners are held depends on why the victim is on the property, to begin with. Visitors often fall into one of the following three categories:
- Invitee: Property owners owe the highest duty of care to invitees. An invitee is an individual who visits a property for a business purpose. For instance, to shop in a retail or grocery store. Property owners or managers must inspect the premises for hazards and potential dangers. If any are found, they must be corrected as soon as possible.
- Licensee: An individual invited to a property for non-business purposes, such as visiting a friend’s home, is a licensee. Property owners do not have to inspect their property, but identified hazards must be fixed or warned about.
- Trespasser: A trespasser is not allowed on a property, so owners do not owe a duty of care and will not be liable for a slip and fall injury. However, property owners may be responsible for a trespassing child’s injury if an “attractive nuisance” drew them to the premises that threatened them with harm (e.g., access to a pool, trampoline, treehouse, etc.).
What To Do After a Slip and Fall Accident?
The choices you make immediately after a slip and fall accident can have a significant impact on your ability to recover compensation. The following steps will protect your rights:
Document the Accident
It is important to take pictures of the hazard, your surroundings, and any injuries. You should also ask for contact information from anyone who witnessed the accident so that they can be reached for a statement. Evidence can easily disappear or be cleaned up, so you must act quickly.
Notify the Property Owner
Whether your fall occurred at work, a store, or someone’s house, report the accident right away. This is an essential step for when it comes time to file an insurance claim. If you fell at a place of business, file an official accident report with a supervisor if you can.
Seek Medical Care
Get treated as soon as possible, even if you believe your injuries are minor. Medical documentation linking any potential injuries to the fall is critical. Any delay in seeking treatment can give the property owner’s insurance company a reason to argue that your injury was not a result of the fall or as severe as you claim.
Speak to an Experienced Slip and Fall Attorney
Consult with a personal injury lawyer in San Diego before you speak to an insurance adjuster. Most slip and fall attorneys will evaluate your case for free and advise you of your legal options. Hiring representation will protect you from being taken advantage of or accepting a settlement offer that is unfairly lower than your case’s value.
Duty To Inspect And Warn
Property owners often say that they were unaware of a dangerous condition on their property or that they recently found out about the danger and haven’t had a chance to repair or remediate the hazard. Part of a property owner’s duty of care is to regularly inspect their premises to discover any property dangers.
After discovering the danger, they have a reasonable amount of time to take care of the problem, but they also must warn visitors about any current dangerous conditions. For example, after mopping up a spill in a retail store, a sign should be posted to warn customers that the floor may be slippery.
Premises Liability Law
Falls are usually preventable, with common locations including doorways, ramps, uneven surfaces, ladders, and stairs. More often than not, a slip-and-fall accident occurs because the owner, manager, operator, or renter of a commercial or residential property ignored a dangerous condition on his or her property.
If you or a loved one has been injured in a slip and fall accident that could have been prevented, you may have a claim against the responsible party. Slip and fall injury claims often fall under premises liability law, which provides that property owners and managers have a duty to keep their premises free from dangerous conditions that could potentially harm visiting guests. If they fail to discover or remediate a property hazard and a slip and fall accident occurs, they may be liable for their guest’s injuries and damages.
Defenses To Slip And Fall Claims
Property owners often generally defend premises liability cases by alleging that the visitor’s injuries were caused by his or her own negligence. Defendants may argue that the condition was open and obvious, and it was the injured party’s fault for failing to avoid the danger. Even if you were partially at fault for the slip and fall accident, however, you may still be entitled to compensation for your injuries and damages.
California’s comparative fault laws are favorable to injury victims. After each side presents their case in a personal injury action, fault is determined and apportioned between the parties. Once the plaintiff’s injuries and damages are calculated, the trial award is reduced by the plaintiff’s allocated percentage of fault.
Consult With a San Diego Slip And Fall Lawyer
At CaseyGerry, we have specialized in personal injury law for more than 70 years and have helped numerous fall victims and their families cope with debilitating loss. We take our cases on a contingency fee basis so that you do not pay for out-of-pocket attorneys’ fees. You will not pay for legal services until we have helped you secure compensation for your injuries and damages. For more information or a consultation on your case please contact us online or call us at (619) 238-1811.
