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
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:
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.
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.
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.
Brachial Plexus injury and shoulder dislocations are common when a fall causes a jolt to the shoulder.
Broken bones often occur in the wrists, ankles, and especially the hips.
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.
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:
A brief fall might be all that is needed to snap a ligament, fracture a bone, or cause a severe head injury.
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:
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.
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:
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:
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.
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.
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.
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.
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.
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.
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.
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.