People slip and they fall. And sometimes they get hurt, resulting in very serious injuries such as hip fractures, wrist fractures, and shoulder injuries. That’s why you need a San Diego slip and fall lawyer if you were injured during a recent slip. The Law Offices of Elliott N. Kanter can offer the counsel you need in your case.
Protect your rights. Call the Law Offices of Elliott N. Kanter for a no-cost, no-obligation consultation.
SKILLED ATTORNEYS NEED TO PROVE YOUR SLIP AND FALL CASE
People fall down and injure themselves all the time. Yet, you can’t take someone to court every time you fall. There are special legal circumstances you need to be able to file a claim and recover compensation for your medical bills and other expenses.
DO YOU HAVE A SLIP AND FALL CASE? CONSULT WITH AN ATTORNEY
If you slip and fall, it must be the result of a dangerous condition on public or private property. (No, not on your own property.) Legally, you can recover compensation for injuries due to a dangerous condition on public or private property that—here’s the clincher—that they should have known about. If you are injured, you may be awarded compensation to cover your current and future medical expenses, loss of earning capacity, lost wages, and pain and suffering.
COMMON SLIP AND FALL INJURIES IN SAN DIEGO
Slip and falls can be dangerous, and often lead to serious injuries. Some of the most common injuries that result from a slip and fall accident include:
- Bruises, cuts, and scrapes
- Broken or fractured bones
- Twisted or sprained ankles
- Head or brain injuries, including concussions
- Spinal injuries
Although some of these are more severe than others, if you have suffered any injury as a result of a slip and fall, you should speak with a San Diego personal injury attorney to see if you are entitled to compensation.
KNOWLEDGEABLE LAWYERS CAN DEFINE THE DANGEROUS CONDITION IN YOUR SLIP AND FALL CASE
A dangerous condition is something that causes you to slip and fall and subsequently injure yourself. The following is a list of possible conditions:
- Unmarked steps
- Debris on ground
- Uneven surface or floor
- Holes in floor, street, or sidewalk
- Faulty stairs and handrails
- Water or other liquid on floors
- Rain or ice on the ground
WHAT IT TAKES TO MAKE A CASE
We’re not afraid to do the extra legwork it takes to successfully win a slip and fall case.
By law, property owners have to keep their property in a reasonably safe condition. If this obligation is not fulfilled by the property owner, he may be liable when a guest slips and injures himself. Any hazards on the property must be clearly marked to protect guests, for example, puddles on the floor must be clearly marked with a “slippery” sign or something along those lines.
The following conditions must be met in order to file a successful case.
- The defendant actually caused or created the condition.
- The defendant had someone tell him about the condition or was notified via an inspection.
- The condition existed for a long enough time that the defendant should have known about it and had time to correct it.
This part of the slip and fall or trip case can be very difficult to prove. Often, an expert witness has to be brought in to testify that a dangerous condition existed. Many lawyers shy away from handling these cases. At the Law Offices of Elliott N. Kanter, we’re not afraid to do the extra legwork it takes to successfully win a slip and fall case.
WHAT IS COMPARATIVE NEGLIGENCE?
Slip and fall victims should become familiar with the comparative negligence law. The comparative negligence law assigns responsibility to two or more parties, and it could impact how much compensation you are awarded in your slip and fall case. For example, let’s say you slip and fall in a restaurant, and it is determined the accident was 10% your fault and 90% the property owner’s fault. This could be because you reasonably should have seen the hazard that caused your fall, but the property owner acted negligently by not warning guests about it in the first place. If you were originally supposed to receive $10,000 in compensation for your injuries, but the court finds you are 10% liable for the accident, 10% of your compensation will be removed. So, you will only be awarded $9,000 to account for the 90% liability of the property owner.
WHAT TO DO AFTER A SLIP AND FALL INJURY
Your first priority should be seeking medication attention after a slip and fall accident if you are injured. Make sure you keep all documentation related to your medical treatment and follow the doctor’s orders carefully. If you do not seek emergency medical attention, stay at the scene of the slip and fall to gather evidence.
Try to take as many pictures as you can of the scene of the accident, especially if you can capture an image of what made you slip. If the slip and fall happened in a store with surveillance cameras, speak with the store owner immediately to discuss retrieving a copy of the video. Be sure to ask any witnesses that may have seen the accident for their contact information in case you need to get in touch with them later to ask what they saw.
If a property owner immediately recognizes he may be held liable for your injury, he may contact his insurance company right away. Do not speak to his insurance company or agree to any settlement until you have consulted with an attorney. Insurance companies do not have your best interests in mind, so they will try to offer you a low settlement and get you to quickly agree to it to and close the case. Don’t fall into this trap. Contact the Law Offices of Elliott N. Kanter to speak with a lawyer in San Diego County as soon as possible after your injury. Our attorneys can determine if the property owner was negligent and if so, we can help you hold them responsible for your injuries. Contact our law firm to see if you are able to recover damages for your injuries.
GET AN EXPERIENCED SLIP & FALL ATTORNEY IN SAN DIEGO ON YOUR SIDE
Property owners are required to maintain their property. If that’s not the case, don’t hesitate to call the Law Offices of Elliott N. Kanter at (619) 304-3424 for a no-cost, no-obligation consultation. We have over 30 years of experience representing the best interest of our clients in personal injury cases. Some of our firm’s personal injury law practice areas include slip and fall accidents, wrongful death, car accidents, bicycle accidents, motorcycle accidents, pedestrian accidents, truck accidents, and dog bite accidents. Don’t take a chance on an inexperienced attorney–contact us today by phone or email to schedule a free case evaluation.