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San Diego slip and fall accidents can happen at home, at a business, at the airport, at a shopping mall, at a theme park, next to a swimming pool, or almost any place else that you can imagine. Property owners in San Diego have a legal obligation to maintain safe premises for those who visit and to warn visitors about known hazards. Negligent San Diego property owners who don’t remove hazards from their property or warn visitors about potential dangers open themselves up to liability for damages when someone gets hurt in a slip and fall accident on their property.
A severe San Diego slip and fall accident often leads to serious, sometimes fatal injuries, creating economic stress for victims and their families. Catastrophic injuries can bankrupt a family. Fortunately, California law permits slip and fall accident victims to take legal action against a negligent property owner to recover losses related to the accident and resulting injuries.
If you, your child, or another loved one has suffered injuries on another person’s property or at a business, contact the experienced San Diego slip and fall attorneys at Gomez Trial Attorneys for a free consultation to share your slip and fall accident story, discuss the viability of your claim, and learn how we can assist you going forward.
The award-winning legal team at Gomez Trial Attorneys has been advocating for accident injury victims for decades, including those who suffered injuries in a slip and fall accident. The firm’s commitment to client service and professional excellence has led to tens of millions of dollars in compensation for accident victims and their families. Our most recent case outcomes involving slip and fall accidents range between almost $800,000 and more than $16 million.
These settlement and verdict amounts for clients who were injured in slip and fall accidents do not guarantee a particular financial outcome for your claim. Each slip and fall case has underlying facts that add to or detract from its value. The skilled slip and fall attorneys at Gomez Trial Attorneys have the knowledge and resources to build a strong case against the property owner responsible for your injuries, giving you the best chance of receiving the maximum compensation for your injuries.
Slip and fall accidents are preventable events that can lead to severe injury or death, especially in older adults. In fact, the California Department of Health estimates that more than 90,000 adults over age 50 are hospitalized across California each year due to unintentional falls. More than 350 people die each year due to unintentional falls in San Diego County alone, approximately 300 of whom are over age 65. Yet, the elderly are not the only group vulnerable to slip and fall accidents. Children and adults can also sustain injuries in slip and fall accidents.
Snow and ice aren’t a problem in Southern California, but other environmental factors can lead to slip and fall accidents. Additionally, we include all kinds of unintentional falls under the slip and fall umbrella, including trip and fall accidents.
Examples of dangerous conditions that can result in slip and fall accidents and injuries may include:
Slip and fall accident claims are based on a property owner’s negligence, which an attorney must prove in civil court or demonstrate to an insurance company to reach a settlement or win a jury award. If you suffered injuries on another person’s property, that does not automatically mean the owner was negligent.
California law states: “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.”
Determining liability in a slip and fall accident is sometimes an easy task for lawyers, investigators, and the courts. Often, however, cases are complex, making it especially important for slip and fall accident victims to seek out a skilled attorney.
Prevailing in a slip and fall case in San Diego requires the plaintiff to prove:
Ultimately, determining liability is akin to proving negligence. All property owners have a duty to maintain their premises. Negligent property owners breach that duty and expose visitors to dangerous conditions and potential injuries in a slip and fall accident or another type of accident.
Some considerations lawyers, insurance companies, and courts use to evaluate whether a property owner has breached their duty in a specific case include:
If you suffer injuries in a slip and fall accident that would not have happened if not for the property owner’s negligence, you deserve compensation for losses related to the accident and your injuries. California law permits slip and fall accident victims to seek compensation for losses by bringing a personal injury lawsuit against the negligent property owner.
If an accident victim reaches a settlement with the owner’s insurance company or a court rules in the victim’s favor, the victim can recover some or all of the following losses related to their slip and fall accident injuries:
California law also allows surviving family members to take legal action if a loved one dies as a result of a slip and fall accident. Eligible survivors sometimes receive compensation from one or both of two types of claims after the death of a loved one: a wrongful death claim and/or a survivor claim. Wrongful death claims are complex in California, so it’s best to consult with an experienced slip and fall injury attorney who can advise you on the best course of action for you and your family. Eligible survivors sometimes receive compensation for some of the above losses as well as funeral expenses and burial costs.
Additionally, compensation is based on the claimant’s specific relationship with the deceased. For example, minor children who lose a parent sometimes receive compensation for loss of guidance and parental support. Similarly, widows and widowers sometimes receive compensation for loss of companionship. Your San Diego slip and fall lawyer can answer any questions you have related to the death of a loved one after a slip and fall accident.
A property owner who is named in a personal injury lawsuit and their business or homeowners’ insurance carrier will usually go to great lengths to undervalue an injured person’s claim. In fact, in many cases, insurers do their best not to pay on a claim at all. After all, insurance companies do not stay in business by paying every claim or settling every lawsuit that comes their way.
Depending on the situation and circumstances of your slip and fall injury, the insurer or the insurer’s lawyers will typically use one or more of the following strategies in an attempt to reduce or eliminate their financial liability:
Experienced and skilled slip and fall injury attorneys can anticipate the strategies the defense’s legal teams and insurance companies will use to try to avoid liability. In many cases, a lawyer can anticipate these tactics based on the circumstances of a slip and fall accident. Typically, personal injury attorneys investigate a slip and fall accident claim, gather relevant evidence from the scene of the accident, talk to witnesses, search for previous complaints, and build the strongest case possible to prove a property owner’s negligence led to the injury. This gives accident victims the best chance of receiving the maximum compensation for their claim.
At Gomez Trial Attorneys, our attorneys understand the physical, mental, and economic challenges that slip and fall accident victims face in the wake of a severe injury. We cannot take away your physical pain, but we can help you fight for the compensation you deserve for your injuries if you have a viable claim. Financial compensation does not turn back time, but you should not have to suffer economically because of a property owner’s careless decisions or laziness. You also deserve compensation for the mental anguish and emotional stress you have experienced as a result of your accident and injury.
An experienced San Diego slip and fall attorney can help you through this difficult time and guide you through the claims process and a lawsuit, if necessary, giving you time to focus on healing and recovery. Contact Gomez Trial Attorneys online or at (619) 237-3490 to discuss the events that led to your slip and fall accident, determine your eligibility for compensation, and get advice about the best course of action after your slip and fall accident injury. Injured in an accident? Get a real trial lawyer. Get Gomez.
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