San Diego Slip-And-Fall Attorney Fighting For Fair Compensation
In California, owners of properties, from supermarkets to parking lots, have a legal duty to use reasonable care in keeping visitors safe. When they breach that duty, and you get a serious injury from a slip-and-fall accident, you have the right to hold them accountable and seek compensation.
I am attorney Brian Burchett, and I help injured people do just that. A serious fall can leave you with overwhelming medical bills and lost wages. With over three decades of experience, including years defending insurance companies, I have the knowledge and insight on how to fight for the compensation you rightfully deserve.
What Is A Premises Liability Claim?
Premises liability is a critical concept in personal injury claims that involve slip-and-fall accidents. It generally means that people who own or control property have a legal responsibility to keep it reasonably safe for visitors.
This “duty of care” requires owners to:
- Regularly inspect the property for potential hazards
- Maintain the premises in a reasonably safe condition
- Repair dangerous conditions in a timely manner
- Warn visitors about any known dangers that are not obvious, such as putting up a “wet floor” sign
- Ensure areas like walkways, stairs, and parking lots are adequately lit and free of clutter
When a property owner fails to fulfill this duty, and someone gets hurt as a result, the owner can be held legally and financially responsible for the victim’s injuries and other losses.
What Causes Serious Fall Accidents?
Dangerous conditions on a property can cause someone to lose their footing. Some of the most common issues I encounter in my cases include:
- Wet floors or slippery surfaces without any warning signs
- Uneven pavement or a cracked sidewalk
- Cluttered walkways or merchandise in aisles
- Poor lighting in stairwells, hallways or parking lots
- Damaged stairs or missing handrails
- Loose rugs or torn carpeting
Clients who experienced a bad fall because of these hazards often suffered from broken bones, deep cuts and joint dislocations. In severe cases, a fall can result in a spinal cord injury or a traumatic brain injury, which can have lifelong consequences.
Proving Negligence In A Slip-And-Fall Lawsuit
To prove that a property owner’s negligence caused your injuries, you must provide evidence that the owner knew or should have known about the unsafe condition that caused your accident, but failed to fix it or warn you about it.
You can establish the owner’s knowledge in one of two ways:
- Showing they had actual notice: This means the property owner or an employee was explicitly aware of the specific dangerous condition before your accident happened. If a customer reports a large spill in aisle three to a store manager, that manager now has actual notice. If they fail to put up a sign or clean the spill and someone falls, they may be liable because they were directly aware of the problem.
- Showing they had constructive notice: This means the owner should have known about the hazard because a reasonably careful person would have discovered it. If a dangerous condition existed for a long enough period, the owner had a reasonable opportunity to find it and fix it. Their failure to do so is negligence. A wet floor left unattended for hours is a prime example.
Under the rule of comparative negligence, you can still recover financial compensation even if the court finds you partially responsible for the accident. The court would simply reduce your total award by whatever percentage of fault they assigned to you.
Types Of Compensation You Can Pursue
Compensation in a slip-and-fall case typically falls into two main categories. First are economic damages, which cover financial losses such as:
- Medical expenses for doctor visits, hospital stays, surgery and physical therapy
- Future medical costs for ongoing care
- Lost wages from the days you missed work due to your injury
- Diminished earning capacity, if your injuries make it impossible for you to return to the same job
Second are noneconomic damages, which cover the intangible, personal toll the injury has taken on you. This includes your pain and suffering, emotional distress and inability to enjoy your hobbies and daily life as you once did.
As your slip-and-fall attorney, I will help you identify all of your losses so you can pursue the full amount of compensation you need to move forward.
Understand Your Options: Contact Me Today
After a serious fall, you are likely facing pain, medical bills and uncertainty. You don’t have to find the answers alone. At The Burchett Law Firm, PC, I offer free initial consultations to help you understand your legal rights and the true value of your claim.
As your slip-and-fall lawyer, I will personally oversee all aspects of your case and be your primary point of contact from start to finish. Contact my office today to schedule your free consultation and learn how I can help you move forward. Call me at 619-450-2436 or fill out the online form on my website to get started.