Many times a slip and fall injury occurs on a commercial property, such as in a store, at a warehouse, or even while you are working. While a workplace injury involves another set of rules and procedures, the basic process of negotiating a slip and fall accident settlement near San Diego can go much more smoothly if you have an experienced lawyer who specializes in slip and fall cases on your side.

Experiencing a slip and fall accident can be distressing and potentially life-altering. Whether it occurs on a wet floor, uneven pavement, or due to poor lighting, the consequences can be severe.

Why Do You Need a Slip and Fall Lawyer Near You?

Here are several reasons why having a San Diego trip and fall lawyer is critical to the success of your lawsuit. The basic tasks a slip and fall lawyer undertakes on your behalf are:

• Investigating your case: The lawyer will look into the circumstances of your fall to determine what caused it and whether the property owner was negligent in maintaining the property. This may involve gathering evidence such as witness statements, security camera footage, and photos of the scene.
• Establishing liability: In order to win your case, the lawyer will need to prove that the property owner was liable for your injuries. This means showing that they knew or should have known about the dangerous condition that caused your fall and failed to take steps to fix it or warn you about it.
• Negotiating a settlement: Most slip and fall cases are settled out of court. The lawyer will negotiate with the property owner’s insurance company on your behalf to try to get you the compensation you deserve for your medical bills, lost wages, and pain and suffering.
• Representing you in court: If you are unable to reach a fair settlement with the insurance company, the lawyer can take your case to court. They will represent you throughout the litigation process, arguing your case before a judge or jury.

Call (619) 436-5000 today for a free consultation, or email us.

What Can Cause a Slip and Fall Injury Near San Diego?

Wet weather, uneven surfaces or other hazards can cause slip and fall accidents in any part of the country – but in areas that see rain, sun, sand on cement, and more – a slip can be more likely to happen.

According to the Bureau of Labor Statistics, falls accounted for 5% of the job-related fatalities for women, compared to 11% for men. Falls account for over 8 million hospital emergency room visits, representing the leading cause of visits (21.3%). Slips and falls account for over 1 million visits, or 12% of total falls, according to the National Floor Safety Institute.

Here are a few types of slip and falls we’ve seen over the years:

• Wet or Slippery Floors: This is a major cause throughout the country, but especially in Southern California, where rain isn’t as frequent. Spills, leaks, or tracked-in rainwater can create slippery surfaces indoors, and pool areas or unexpected sprinkler activation can cause issues outdoors. Sand spread across the sidewalk can be slippery as well. Property owners are responsible for cleaning up spills, sand, and warning of wet floors.
• Uneven Surfaces: Southern California has a variety of landscapes and weather conditions that can contribute to uneven surfaces. Cracked sidewalks, uneven pavement, poorly maintained steps, or damage caused by earthquakes are all potential hazards.
• Poor Lighting: Dim or flickering lights can make it difficult to see uneven surfaces or obstacles, increasing the risk of slips and falls. This can be especially dangerous on stairways or in poorly lit parking lots.
• Improper Footwear: Southern California’s casual lifestyle might lead to more people wearing sandals or flip-flops than in other areas. These shoes may not provide enough grip to prevent slips on wet surfaces or uneven terrain.
• Natural Elements: While rain isn’t as common, sudden downpours can create slick spots. Additionally, earthquakes can cause uneven surfaces or debris hazards.

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Commonly-Seen Injuries After Slip and Fall Accidents Near San Diego

Southern California and areas near San Diego, with its mix of urban and outdoor environments, can present a variety of slip-and-fall hazards. Whether caused by nature, neglect, or oversight, an injury on private or public property may be compensable if there is a degree of neglect that caused the accident.

California is a pure comparative negligence state – which means that even if you are partially at fault (up to 99% in this state) for a slip and fall accident, you can still recover damages from the responsible party. The amount of compensation you receive will be reduced by your percentage of fault.

Here are some of the most common injuries resulting from slip and fall accidents in San Diego:

• Fractures: A fall on a hard surface can easily lead to broken bones, especially in the hips, wrists, ankles, and arms. These fractures can be very painful and require surgery, casting, and physical therapy to heal.
• Sprains and strains: These soft tissue injuries occur when ligaments or tendons are stretched or torn. They can cause pain, swelling, and bruising, and may take weeks or even months to heal completely.
• Head injuries: A blow to the head from a fall can result in a concussion, which is a temporary disruption of brain function. More serious head injuries can include bleeding in the brain, skull fractures, and even coma.
• Back and neck injuries: The back and neck are vulnerable to injury in a slip and fall, especially if the person lands on their back or neck. These injuries can range from minor muscle strains to herniated discs, which can cause chronic pain and nerve damage.
• Cuts and scrapes: These are the most common injuries from a slip and fall, and are usually not serious. However, they can become infected if not cleaned properly.

The severity of a slip-and-fall injury depends on a number of factors, including the person’s age, health, and the surface they fell on. If you have been injured in a slip-and-fall accident, it is important to see a doctor to get medical attention. Our goal at Levinson Law Group is to ensure you have the resources you need to heal and get your life back to normal.

Call (619) 436-5000 today for a free consultation, or email us.

Whose Insurance Covers a Slip and Fall Accident in San Diego?

If you’ve been injured on private property, at the home of a friend, acquaintance, or just on a sidewalk in your neighborhood – the homeowners’ insurance may cover your injures. The key factors are if the policy was valid and if the homeowner was negligent in maintaining their property (e.g., an uneven driveway or sidewalk or a slippery floor).

If your accident happens at a business, whether it’s a store, warehouse, office or even a doctor’s office – those businesses typically have liability insurance to cover slip and fall incidents on their premises. If you fall at a store or restaurant due to a hazardous condition they should have addressed (e.g., a spilled drink on the floor), their insurance might be responsible for your medical bills and other damages.

As mentioned before, comparative negligence laws may find you at least fractionally at fault for the accident, (i.e. not paying attention to your surroundings as you text), and this could reduce the amount of your settlement. The goal is to ensure the funds are available for you to seek treatment and recover from your injuries. We can help with that!

Contact us today for your 100% free consultation.

How Can I Help My Trip and Fall Lawyer After an Accident in San Diego?

While you may be hurt immediately after your accident, if you or someone you are with can gather just a bit of information – it can go a long way towards ensuring you have the resources to recover from your injury.

The first step always starts with making sure everything is documented, so there is information available to support your claim.

• Seek Medical Attention: This is the most crucial step. Even if you feel okay initially, adrenaline can mask pain, and some injuries might not surface immediately. Getting a medical evaluation creates a record of your injuries and links them to the accident.
• Report the Accident: If you fell on someone else’s property, report the incident to the property owner or manager as soon as possible. They might have an accident report form you can fill out.
• Document the Scene: If you’re able to safely do so, take pictures of the location of your fall, the hazard that caused it (wet floor, broken railing, etc.), and any visible injuries you sustained.
• Gather Witness Information: If anyone saw you fall, try to get their names and contact details. Witness statements can be strong evidence if you pursue a claim.
• Keep Records: Save all receipts related to medical bills, medications, transportation, and any other expenses caused by your fall.
• Don’t Admit Fault: Don’t say things like “I’m fine” or “It was my fault” – these statements, while true in the immediate aftermath, could be used out of context if you later choose to seek medical attention and actually are injured.
• Be Wary of Early Statements: Insurance companies might try to contact you for a statement soon after the accident. It’s best to speak with an attorney before giving any details or agreeing to any settlement.

Call (619) 436-5000 today for a free consultation, or email us.