If you or someone you know has been injured because of a slip, trip, or fall accident while on someone else’s property in San Diego county or anywhere in California, you may be entitled to compensation and can file a premises liability case. Even if you chalked up the incident to simple clumsiness at the time, there may be negligence on the side of the property owner that caused the accident, and if there is, you may be entitled to money for your damages, including medical bills, lost wages, and pain and suffering. You need an experienced slip and fall injury lawyer.
How Common are Slip and Fall Accidents and What Kind of Injuries Might Result?
According to the National Safety Council, 25,000 slip-and-fall and trip-and-fall accidents occur every day, resulting in more than 8.5 million emergency room visits in the United States each year. Fractures are the most common injuries resulting from falls, and hip fractures are the most serious as they lead to the greatest number of health problems and sometimes death.
If you or a loved one is older than 65, be particularly mindful of the risks: falls are the second leading cause of spinal cord injuries and brain injury symptoms for elderly adults, and half of all adults 65+ who are hospitalized as a result of a hip fracture are never able to return home and live independently afterward. The dramatic loss of quality of life and costs for ongoing medical treatment, health care aides, rehabilitative therapy and so on can be financially devastating to individuals and families, so it’s important you know your rights if a fall occurs outside the home.
What Hazards and Conditions Can Lead to a Slip-and-Fall Accident?
In San Diego and throughout California, property owners are responsible for keeping conditions safe for everyone who comes on the premises, including visitors, residents, and workers. Common hazardous conditions that could result in a person slipping, tripping, or falling include things like wet and slippery floors, loose mats and rugs, exposed wiring, clutter, damaged flooring, unmarked doorway thresholds, stairs that are dimly lit or don’t have secure handrails, and cracks and holes in pavement and walkways. Any one of these situations could lead to a fall that causes serious injury.
Who is at Fault When Someone Slips, Trips, or Falls–the Person or the Premises Owner?
In order to win a slip-and-fall or trip-and-fall case in California, you must prove (1) the property owner was negligent in addressing hazardous conditions, and (2) the owner’s negligence led directly to your accident and injury. While this may seem straightforward, these premises liability cases can be tricky and proving negligence can be complex. Property owners have a duty to address dangerous conditions that can cause accidents from a slip, trip, or fall, and if they fail to do so, they are responsible for the victim’s injuries. However, under California law, the responsibility for safety might legally be shared among the property owner, tenants, and sometimes workers as well
In 2024, an interesting trip-and-fall case in San Diego county made headlines when a jury awarded $2.45 million (the largest personal injury settlement in Walmart history) to a woman who tripped due to an unrepaired pothole in the parking lot. The victim was forced to undergo major spinal fusion surgery and was left with permanent pain, not to mention hundreds of thousands of dollars in medical bills. Ultimately, another business who shared the lot was found to have 35% of the liability for the incident, so Walmart was only required to pay $1.6 million (still the largest such payout by Walmart to date). This is a good example of shared liability in a personal injury case.
Steps to Take Immediately After a Trip-and-Fall Accident to Ensure You Receive Fair Compensation for Your Injuries
Here are 4 important steps you should take immediately after a slip-and-fall accident to help ensure you receive fair compensation for your losses:
1. Prove the Hazard Existed by Taking Photos and Video
To win your personal injury case, you will need to present evidence to the court that there was a dangerous condition on the property that directly caused your fall. Immediately after the incident, take photos and video of the hazard where the slip, trip, or fall occurred. Capture clear images of the liquid on the floor, the broken step, the missing handrail, the pothole, the dim lightning, or whatever it was that caused the fall.
Video can be particularly helpful as it allows you to narrate and explain what is being shown, and you can use your hand or objects to show size and perspective. Be sure to document the surrounding area to prove an absence of appropriate signage that should have warned about the hazards such caution signs or tape.
Property owners will sometimes make repairs immediately after an incident or add warning signs or barriers, so it’s important to have photos and videos that are date stamped to show the actual condition at the time of the accident. Your slip and fall injury lawyer can give you the best advice about what photos to get.
2. Get Witness Statements to Support Your Case
If possible, speak to people on the scene who witnessed the fall. Collect their names and contact information so they can be reached later. If you can identify individuals who saw the hazard at the time or even earlier and have knowledge about how long it was there and whether or not the owner was aware of it, speak to them and gather their contact information as well. For example, if you were a visitor to a business or an apartment building, you may find an employee or tenant who can verify the hazard had been a problem for a while and that the owner had been made aware of the issue.
Remember, it is not enough to prove the hazard existed; you must also show that the property owner knew about it or should have known about it through reasonable inspection. This is a key element in winning a negligence case.
3. Seek Medical Attention Immediately
Even if you don’t feel pain or have visible wounds as the result of a slip or fall, you should see your doctor or go to the emergency room right away. Medical records and expert testimony about your injuries can help establish the connection between the hazardous condition on the property and your accident. They are also necessary for showing that your injury resulted in damages that warrant compensation. If there are other factors that may have contributed to your injury (such as your own actions, environmental conditions, or preexisting medical conditions), the property owner’s liability may be reduced, but it may not necessarily be dismissed.
4. Contact a Trusted Personal Injury Lawyer As Soon As Possible
Even if you don’t think you have a case or don’t think you’ll want to file a lawsuit, it’s smart to call a personal injury attorney like Mova Law Group – Personal Injury Attorneys immediately after an accident. Injuries aren’t always immediately obvious and you need good advice from the beginning about what to do in case you realize later that you’re more seriously injured than you initially thought. We will explain your rights and options and give you advice about how to proceed to protect your claim and advise you how best to interact with insurance companies, property owners, medical professionals, and your employer.
How Mova Law Group Helped a Client Recover More than $1 Million After a Fall
One of our clients was severely injured in a slip and fall accident that was the result of the landlord’s negligence. One day after living in the rental home for six years, the handrail on the porch gave out and our client fell head first onto the asphalt below, suffering a concussion and serious injuries requiring cervical fusion surgery. The landlord accused our client of faking his injuries and the insurance company offered $0. But we were able to prove the landlord had failed to conduct regular periodic inspections of the property, during which he would have discovered the condition of the handrail. He was responsible for fixing it because he should have been aware of it. We were also able to obtain the recorded 911 call made immediately after the incident. As a result, the insurance company settled the case for $1,500,000.
Protect Your Rights and Ensure Your Recovery By Calling Mova Law Group – Personal Injury Attorneys Today
Don’t go it alone after an accident. Even if you think your injuries are minor at first, complications can arise later, resulting in unexpected costs. Contact our experienced and compassionate slip and fall attorneys immediately after an accident. If someone else is at fault for your injuries, we will give you the legal guidance you need to make sure your case is protected so you can get the compensation you deserve.
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