Whether you are at someone else’s house, inside a retail store, walking down a sidewalk, traversing a large parking lot, or in another situation on a property that’s not yours, you should have a reasonable expectation of safety. All property owners have a responsibility to keep their premises free of dangerous conditions for the people they invite onto their property.
If a property owner failed to provide a safe environment and you suffered an injury as a result, you could be legally entitled to compensation. Our San Diego slip and fall injury lawyer at Ben Crump Law, PLLC, might be able to help you with your case. Call us at (800) 647-3113 to set up a free consultation and get started seeking the compensation you might deserve for your suffering.
Property Owner Liability for Slips and Falls in San Diego
A slip and fall accident is when a person suffers an injury due to slipping, tripping, or falling because of a dangerous condition on another person’s property. This type of accident and injury is a common reason for a personal injury lawsuit.
The issue at the heart of slip and fall lawsuits is premises liability, or the responsibility that property owners have to keep their spaces safe for other people. All property owners have a duty to maintain their property and make sure it is free of hazards for people they invite to the grounds. California Civil Code (CIV) §1714 states that if an injury occurs on someone’s property due to their lack of care or skill, that person is liable for the injury. This lack of care, also called negligence, can be either intentional or unintentional.
Because of this law, if you suffer an injury on someone else’s property, they could owe you compensation for your suffering. In order to be liable for your injury, they must have been aware of the dangerous condition and failed to correct it, or they should have been aware of it through reasonable actions.
There are four main requirements to prove that a property owner is liable for your slip and fall injury:
- The property owner owed you a duty of care.
- The property owner breached this duty.
- This breach of duty caused you injury.
- You suffered losses because of your injury.
In most situations, the property owner will owe you the required duty of care. Exceptions may apply if you were intoxicated or trespassing on private property.
In some cases, you might be able to obtain compensation for your slip and fall injury by making a claim on the property owner’s insurance. In other cases, your best route to recover compensation for your losses may be to file a personal injury lawsuit. If your loved one passed away in a slip and fall accident, you could also file a wrongful death lawsuit. You have the legal right to seek restitution when you suffer an injury because of a property owner’s negligence.
For a free legal consultation with a slip and fall injury lawyer serving San Diego, call 800-647-3113
Common Causes of Slip and Fall Injuries
There are numerous hazards for which property owners could be held liable if they cause you to suffer an injury. Common dangerous conditions for which property owners could be responsible include:
- Slippery floors due to a spill, mopping, or waxing
- Unsafe staircases, such as those with uneven steps or missing railings
- Cracks, potholes, or bumps in the pavement, flooring, or parking lot
- Defective sidewalks
- Torn, rolled, or piled carpeting
- Dim lighting or no lighting
- Cluttered walking areas
- Loose floorboards
- Insufficient housekeeping
- Other uneven or dangerous surfaces
If you believe you might have a legal case for compensation because of a fall that happened on someone else’s property, whether it be public or private, contact the offices of a San Diego slip and fall injury lawyer at Ben Crump Law, PLLC, for help. We can listen to your situation, advise you of your legal options, and help you pursue awards to pay for all your losses.
San Diego Slip and Fall Injury Lawyer Near Me 800-647-3113
Damages You Could Recover for a Slip and Fall Injury
You have the legal right to pursue financial compensation when you suffer an injury that was someone else’s fault. The types and amounts of damages you may be able to recover will depend on your particular circumstances, but the property owner could owe you compensation for:
- Your medical expenses incurred from the injury
- Your property damage, such as if you broke a watch or your phone in the fall
- Your loss of income if the injury prevented you from working or affects your ability to continue working
- Your physical pain and suffering
- Your emotional distress
- Other expenses caused by the accident
In addition to relieving the financial burden of your slip and fall, by pursuing compensation, you may help to prevent more injuries from occurring in the future because you are holding the property owner accountable for their negligence.
A Statute of Limitations Can Affect Your Slip and Fall Case
Your legal right to pursue damages for an injury is limited by a state law called a statute of limitations. According to California Code of Civil Procedure (CCP) §335.1, you have two years after the date of your injury to file a personal injury lawsuit in California. If your case is only for property damage, however, you have a three-year limit, according to CCP §338.
If you miss these deadlines, it is likely that you will lose your right to recover compensation. There can be rare exceptions, but you might want to contact a San Diego slip and fall injury lawyer as soon as possible to get started on your case.
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How Ben Crump Law, PLLC Could Help
The legal team at Ben Crump Law, PLLC, is here to help you when you suffer injury in a slip and fall accident. To recover compensation for you, we could:
- Gather evidence of negligence, such as photos, witness statements, video footage, police reports, medical records, etc.
- Establish the property owner’s liability for your injury
- Communicate with insurance providers on your behalf
- File a civil lawsuit for you
- Negotiate a fair settlement for your losses
We work on contingency, so we will never charge you anything unless we can obtain financial compensation for you. You can trust our San Diego slip and fall injury lawyer to do what they can to help you receive the payment you might deserve. Schedule your free consultation with the Ben Crump Law, PLLC, team at any time by calling (800) 647-3113.