Slip and fall lawyers in San Diego are also personal injury lawyers. The slip and fall category of personal injury result in a breach of duty, falling under premises liability. When someone is required to maintain a residence or other premises and injury occurs, they can be found liable for the injuries and monetary damages accumulated for a slip and fall accident. If someone is a victim of a slip and fall in San Diego, the expert San Diego slip and fall lawyers at TorkLaw are standing by to hear their case.
Premises Liability
Slip and fall (also trip and fall) accidents are a part of premises liability claims. The definition used to describe premises in legal terms is a building, a part of a building, or the land that the building is on. In most slip and fall cases, it will be the owner of the building who is responsible for keeping their premises safe for all those who visit. When they do not keep these grounds and buildings safe, they become liable for the injuries that result from them. The responsibility that this owner has is called the duty of care.
After a San Diego Slip and Fall Accident
A slip and fall accident can be embarrassing, and it can cause more damage than a victim initially realizes. The moments that follow the accident are the most critical moments for a lawsuit. These are the moments that can help a San Diego slip and fall lawyer build your case. After a slip and fall accident, make sure to:
- Seek medical treatment
- After being involved in an accident, it is common practice to seek medical attention to find out the extent of any injuries sustained. Medical records are admissible in a court of law and may become key to your slip and fall injury claim.
- Make sure that responsible parties know about the accident
- No matter where this slip and fall accident happens, it is required that the responsible person is notified. There should be a written report made about the accident, and a copy should be obtained to have in case of a lawsuit should be necessary.
- Make a report of the incident
- If the accident is in a public place, get the names and contact information of any potential witnesses. These witness statements can be admissible in court.
- Take photographs of the location where the accident occurred and the cause of the accident if it is easily accessible without further injury.
- Make a statement about the moments leading up to the accident and what happened during the accident. Make sure to include the exact date, time, and location of the accident.
- Keep the clothing and shoes worn at the time of the accident to preserve evidence. The court may ask for this.
- Don’t any details unless talking to legal counsel
- Avoid using social media platforms during your lawsuit. Statements or other posts can be used by the defense against the plaintiff in the case. Unless advised by a lawyer, do not speak to an insurance company, and limit any contact with the negligent party. Blame should never be placed before it has gone to court
- Call a San Diego slip and fall lawyer
- At the moment the decision is made to bring a lawsuit against a negligent party for a slip and fall injury, hire a slip and fall lawyer. These types of lawyers are skilled in handling the insurance companies and getting the compensation required for the injuries sustained to another party’s negligence.
Businesses Are Required to Carry Insurance
In the state of California, businesses are required to carry commercial general liability insurance. When slip and fall lawyers file a lawsuit, this suit is generally approached by the insurance company of the negligent party. Most of these cases never see their day in court. When dealing with a premises liability case and insurance companies, they tend to settle before it ever gets to the inside of the courtroom. Having a San Diego slip and fall lawyer on your case can help victims get the compensation they require for the injuries sustained in slip and fall accidents.
Proving Negligence in a Slip and Fall Case
Duty of care requires those who know about dangerous situations to identify or notify those around of its existence. These notifications can be bright orange pylons or even notices posted around the area. Any way that the responsible party can keep others out of the area.
To prove liability in a slip and fall accident, a lawyer has to prove the following:
- There was a duty of care that the owner of the property was required whether contractual or implied
- The dangerous condition was a result of the negligence of the property owner or manager of the premises
- The existence of these conditions existed long enough that the owner or manager would have been aware of them and had time to fix them
- The unsafe conditions were what resulted in the injuries that were sustained
Hiring a San Diego Slip and Fall Lawyer
San Diego is a large city and has a lot of potential risks for a slip and fall. Not everyone can avoid these types of accidents. If you or someone you love has become a victim of a negligent premises owner or manager, the law offices of TorkLaw can help with a slip and fall lawsuit.
The legal experts at TorkLaw have experience handling insurance companies that are a part of slip and fall injury cases. When they try to give you less than you deserve for your accident, TorkLaw will step in and make sure that the injuries and additional compensation for lost wages are awarded. We care about your case and will fight to get you the compensation you deserve.
At TorkLaw, we don’t get paid until you get paid. Our consultations are even free for potential clients. These can be obtained by calling our toll-free number at 888.845.9696.