Slip and fall accidents are common occurrences throughout the U.S. and many of them lead to serious injuries. These accidents can occur in both public and private places and may be caused or contributed to by the negligence or wrongdoing of property owners or managers. These accidents fall under the legal concept of “premises liability” because they take place on another’s premises where property owners can be held liable.
These accidents can result in injuries ranging from cuts and bruises to those that can last for weeks, months, or even years, such as catastrophic injuries. When severe, slip and fall accident injuries can cause serious economic damage to victims and their families and a long road to recovery. In such cases, an injury claim can be filed seeking compensation for all accident-related damages. At Queen Yasmine Personal Injury Law, our San Diego slip and fall accident attorneys have vast knowledge and a successful track record of representation in such cases.
Under the legal concept of premises liability, property owners and managers owe a certain duty of care to anyone who lawfully visits their premises. This duty of care is to provide a reasonably safe environment. This applies to customers, clients, service personnel, friends, and any other visitor who is legally visiting as opposed to a trespasser. It applies to all kinds of property, from businesses such as hotels, bars, restaurants, malls, grocery stores, retail stores, office buildings, governmental buildings, sports and entertainment venues, theme parks, swimming pools, private homes, and more.
This duty of care means that a property should be relatively free from safety hazards that could cause visitors to be injured. Under premises liability, a property owner has the responsibility for remedying a dangerous condition in a timely manner and providing warnings to visitors until it has been remedied. Property owners who fail to do this can be held liable for damages when a visitor is injured in a slip and fall accident as a result of this negligence.
Slip and fall injuries can occur in many different ways. These can include but are not limited to:
Additionally, you may be injured due to a criminal attack at a sporting event, in a hotel, or on other properties including their parking lots. In these cases, you may also have a valid claim based on the negligent lack of security. For instance, injuries have occurred to patrons outside of sports stadiums where belligerent fans have attacked their rivals as they walked to their vehicles in poorly lit areas with no security measures or personnel in place.
Proving a slip and fall accident injury claim can be challenging. Insurers for property owners will do their best to devalue or outright deny your claim, arguing that the owner was not responsible for various reasons. As San Diego slip and fall accident lawyers, we know what kind of tactics to expect from insurers and their legal teams and how to combat them. Our firm can make a full investigation into the matter to collect and document evidence that can be used to craft the most solid case possible in your favor. With our help, your chances for a successful outcome will be substantially increased.
What you will recover financially from a slip and fall accident will depend on the circumstances of the incident and the extent of your injuries and damages. These damages can include all of your medical expenses associated with the injuries you sustained, from hospitalization or emergency room treatment to various therapies, prescriptions, surgeries, return doctor visits, medical equipment, and out-of-pocket expenses such as your mileage to and from medical facilities.
You may also recover compensation for medical expenses that are likely to occur in the future when your injuries are so severe that you will require long-term care. Medical care can include various types of rehabilitative care, such as physical therapy or psychological care to address emotional trauma. Other compensation may be for your lost wages or income due to the inability to work as well as for future lost wages when injuries are permanent, for pain and suffering, and for mental or emotional anguish.
Where a party has exhibited gross negligence or the injuries were deliberate as in a criminal attack, you may be awarded punitive damages. These are damages designed to punish the offending property owner.
In order to obtain a compensation from a slip and fall injury claim, it will need to be proven that the property where you sustained injuries was owned or controlled by the other party, that the property owner/manager failed in his or her duty of care, that this failure was substantial enough to be considered negligence, and that the negligence led to your injuries. Evidence of proof must be supplied to the insurer or to a civil court should the case go to trial. This means that not all slip and fall accidents can be the fault of property owners. Falling where no safety issues exist would not qualify for an injury claim.
Many factors can play a part in slip and fall issues. These can include how much control or responsibility the owner really had for the unsafe condition and how much responsibility he or she could be expected to have had in remedying it. Should the property owner have reasonably known about the dangerous condition if claiming it was unknown? Slip and fall injury claims can be a complicated matter which is why it paramount that you enlist professional help from an attorney who has dealt with such situations successfully in the past.
“She always made me feel taken care of, helped me find amazing doctors, responded quickly, kept me updated, communicated consistently, and was professional and respectful.”
- Alex S.
Commercial Trucking Accident
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