Maximizing Your Slip and Fall Damages

If you have been injured in a slip and fall accident, our experienced personal injury attorneys can review your case and work diligently to secure compensation for any lost wages, medical expenses, and punitive damages. California is a shared fault state, meaning that you, the victim, may be found partially responsible for a slip and fall accident. This can affect the amount of slip and fall damages that victims in San Diego, CA, may be entitled to after an accident. If you have been injured, please contact our office to arrange a complimentary case evaluation.

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SHARED FAULT STATE

As a shared fault state, California allows both the victim and the property owner to state their cases regarding each other’s responsibility for the accident. A property owner may argue that you were in an area of the property that visitors are not allowed to be when the accident occurred, you were wearing inappropriate footwear, or you were not paying attention to where you were walking. The property owner can also claim that the area was marked with signs or cones, showing that they took reasonable steps to protect visitors.

According to California law, once both parties present their cases in court, the jury will determine the comparative liability of each party. This means they will look at the facts and assign a value for each party's responsibility in the accident. The jury will also determine the total amount of damages. This amount includes medical bills, lost wages, nursing care, necessary rehabilitation, and pain and suffering. They will then reduce this amount by a percentage, based on the amount of responsibility they believe belongs to you.

For example, if you take a slip and fall case to court, the jury could determine that your damages total $10,000. They also find that you could have avoided the accident if you were paying better attention and they determine that you are 40 percent responsible for your injuries. In this case, the damages awarded to you would be reduced to $6,000.

Slip and Falls

Our Experienced Attorneys Have Handled Many Successful Slip and Fall Cases

Our seasoned personal injury lawyers have handled many successful slip and fall cases. It is important you seek reliable legal counsel as soon as possible to maintain the necessary evidence to build your case. At San Diego Injury Lawyer we apply our courtroom experience, knowledge of premises liability, and passion for serving our clients to each and every case.

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DETERMINING LIABILITY

To find a property owner liable for a slip and fall accident, you need to prove that the property owner caused the problem, or was aware of it but did not repair it. If the problem was not caused by the owner or an employee, the burden falls on you to prove that the owner should have known about the problem, because any person caring for the property would have noticed it. This can prove tricky, as you will need to prove that the owner had adequate time to repair the problem after having it called to his attention.

The property owner will generally have two defenses to fall back on. They may claim that they did not have sufficient time to find and repair the problem, or they can claim that you are responsible for your injuries because you could have avoided the accident.

AN EXPERIENCED ATTORNEY CAN HELP

Determining liability can prove very difficult, especially if the property owner has a lawyer working on his behalf. Our experienced personal injury attorneys understand these complex liability laws, and will work tirelessly to recover the maximum compensation to which you are entitled.

CALL US TODAY

If you have been involved in a slip and fall accident, call our San Diego legal office today to schedule a free consultation with one of our attorneys.