Practice Areas
Slips, Trips & Falls
Falls Can Cause Serious Or Catastrophic Injuries
Slips, trips, and falls on private residential property, in the workplace, and inside commercial businesses are common occurrences. Outcomes can range from minor injuries to lifelong disability or death, causing economic hardship to victims and their families. Recover the compensation you’re owed with the help of a San Diego slip and fall lawyer.
If you are injured as a result of a slip or trip in a place of business, or on someone else’s property, you may have a right to file a premises liability claim. In California, the owners or occupiers of property are held to a duty to use reasonable care to:
- Maintain their premises in a reasonably safe condition;
- Inspect their premises to discover dangerous or unsafe conditions and correct them;
- Warn of any hazardous conditions on the property that are either known or should have been known by the owner or occupier.
Premises Liability In California
According to the National Safety Council, more than 6.9 million Americans suffered fall injuries severe enough to seek emergency treatment in 2021. Falls are the second leading cause of unintentional accident-related death in the United States. However, these incidents are preventable.
California Civil Code Section 1714(a) addresses the responsibility of property owners to safeguard invited guests against slip, trip, and fall injuries. Under state law, California property owners must meet three requirements.
- Maintain safe conditions on the premises
- Routinely inspect the property for potential hazards and remedy concerns
- Warn guests of existing hazards that are known or should be known by the property owner
Premises liability is based on negligence law. A homeowner, business owner or other property owner may be held liable if their negligence contributed to causing injury to a person who has properly entered their premises. Negligence law is defined in California Civil Code Section 1714(a):
“Everyone is responsible, not only for the result of his willful acts, but also for injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself.”
Premises liability claims originate from injuries caused by dangerous conditions such as staircases without railings, substances on the floor or walkway that cause slips and falls; uneven sidewalks, potholes, tree roots or fallen limbs that cause trips and falls; faulty furniture or equipment; broken, irregular, or unmarked stairs or steps, or other building code violations; inadequate lighting; or when the possessor of the premises fails to take reasonable steps to protect visitors from unsafe activities taking place on the property.
Negligence in San Diego Slips, Trips, and Falls
Landlords and property owners found negligent of maintaining safe conditions leave themselves open to premises liability lawsuits. Negligence can lead to a number of hazardous conditions.
- Missing or broken hand rails, steps, or slats on staircases
- Standing liquid, fresh wax, or sawdust on walking surfaces
- Loose floor mats or rugs
- Crumbling or uneven sidewalks
- Tree roots or fallen limbs
- Faulty equipment or furniture
- Excessive clutter or trash
- Loose appliance and extension cords
- Inadequate lighting
- Untreated snow or ice on walkways
- Obstructed views of hazards
- Improper employee safety training
However, not all injuries that occur on another’s property are compensable under premises liability. In order to prevail in a negligence action, your personal injury lawyer must prove that the defendant owned, leased, occupied or controlled the property, that the defendant was negligent in the use or maintenance of the property, that you were injured, and that the defendant’s negligence was a substantial factor in causing the harm that you suffered.
California Slip, Trip, and Fall Injuries
Falls impact Americans at all walks of life. They occur in grocery stores, nursing homes, and schools, as well as on playgrounds and parking lots. Outcomes range from minor injuries like soft tissue damage and broken bones to life-changing spinal cord and traumatic brain injuries, and even death. Recovery time from injuries due to slips and falls may require a few days or can result in ongoing chronic pain for a lifetime.
In addition to the physical outcomes, the economic impact of slips, trips, and falls include mounting medical bills and unpaid leave from work, which take a toll on victims and their dependents. Some companies may attempt to deny insurance claims in an effort to avoid large payouts to injured individuals. They may even blame the victim for their injuries. A personal injury attorney in San Diego can review your case and help you recover the compensation you’re owed.
How a San Diego Personal Injury Attorney Can Help
A successful premises liability lawsuit must prove the following:
- The defendant owned, leased, occupied, or managed the property.
- The defendant was negligent in their maintenance of the property.
- The plaintiff sustained injuries on the property.
- The injuries sustained by the plaintiff were caused by the defendant’s negligence.
The attorneys at Kroger-Diamond & Campos will examine all of the evidence and build a case that represents your interests as the injured party. Call today to learn more about your rights following a fall.
We Know You Need The Maximum Compensation Allowed
Our attorneys have the expertise to navigate through the complexities of California premises liability law, and we are ready to help you. To contact Kroger-Diamond & Campos for more information by calling us in San Diego at (619) 682-5100, in North County at (760) 931-2900, or by filling out our online form and one of our team members will follow up with you promptly.