Slip & Fall Accident Lawyer in San Diego
Have you suffered an injury from a slip and fall accident at University Heights, Trader Joe's, Sprouts, or Whole Foods supermarket in San Diego? You are not alone. Consumers regularly face unexpected dangerous conditions when performing routine tasks, such as grocery shopping.
While you may think the incident happened because you didn't pay attention or lack coordination, a defect that the property owner should have addressed could have caused your fall. Slippery floors, misplaced boxes, unmarked cords, and many other obstacles can harm patrons and signal the negligence of grocery stores, restaurants, malls, and other commercial establishments.
The legal team at Rawlins Law can help determine if a property owner was negligent and has extensive experience dealing with claims against local supermarket chains operating in San Diego. However, our services are not limited to grocery stores, as we will pursue legal action against any entity that causes personal harm due to negligence.
Whether you get injured at a shopping mall, your place of business, a doctor's office, or even a friend's house, our San Diego slip and fall attorneys will work hard to seek the compensation you deserve after an unexpected slip and fall accident.
San Diego Slip and Fall Accident Guide
- Slip and Fall Compensation
- Where Do Slip and Fall Accidents Occur in San Diego?
- Slip and Fall Accidents
- Fighting the Insurance Company
- What to Do After an Accident
- Call Rawlins Law Today!
Why Choose Rawlins Law for Your Slip and Fall Accident Claim?
For your convenience, Rawlins Law has offices throughout Southern California. We are familiar with the retailers in Hillcrest, North Park, Mission Valley, and the surrounding areas. Our San Diego office, located on Camino Del Rio, is less than 10 minutes from University Heights. Regardless of where your slip and fall occurs, Rawlins Law is there when you need us.
Ashley Rawlins, Esquire, is an award-winning attorney who provides ethical, honest, and compassionate representation while aggressively going after insurance companies to get justice for her clients. Our legal team has had enormous success proving fault against negligent property owners, recovering millions of dollars in compensation for victims of slip and fall incidents in California.
Rawlins Law offers a concierge service and will come to you if injuries prevent an in-person visit to our offices. Our team strives to stay in constant communication with clients, keeping them informed of the progress of their case every step of the way, sometimes settling with the insurance company or party at fault in record time.
Contact our offices today to schedule a free consultation, and our dedicated legal team can quickly determine whether you have a valid slip and fall claim. Working with a reputable law firm will increase your chances of getting a favorable outcome and give you time to focus on recovering from your injuries while we take care of the legal matters on your behalf.
Can I Sue for a Slip and Fall Accident on Someone's Property in San Diego?
Slip and fall accidents fall under the umbrella of premises liability law. In San Diego, as in the rest of California, property owners, landlords, and business operators have a legal obligation to maintain reasonably safe conditions to prevent accidents and injuries from occurring on their property.
In the unfortunate event of a slip and fall accident, the victim needs to prove that the property owner's negligence or failure to take the necessary action resulted in their injuries. The key elements to establish in a slip and fall case in San Diego include:
- Duty of Care: The property owner had a "duty of care," which means they had an obligation to keep their premises safe.
- Breach of Duty: The property owner breached that duty of care by neglecting to find and repair hazardous conditions or by failing to adequately warn visitors of potential dangers.
- Causation: The breach of duty directly resulted in the accident and subsequent injuries.
- Damages: The incident led to quantifiable damages, such as medical expenses, loss of income, and pain and suffering.
California follows a 'pure comparative negligence' rule. This rule means that the injured party can still recover damages even if they were partially at fault for the accident. However, their compensation may be reduced by their percentage of fault.
Given the legal intricacies involved, consulting the experienced slip and fall lawyers at Rawlins Law is in your best interest. We work tirelessly to prove the negligence of the property owner and strive to ensure you gain the full compensation you're entitled to under San Diego law.
Compensation in Slip and Fall Accident Claims
After an unintentional slip and fall accident, many people sustain injuries that cause them to miss work, unexpectedly lose income, and accrue medical bills that quickly become overwhelming.
Rawlins Law can help determine if it is worthwhile to pursue legal action and can help prove if the property owner where the incident occurred was negligent. If our legal team determines the slip and fall was most likely a result of their carelessness, we will do everything in our power to recover the compensation you deserve.
To determine if you have a case, we will look at the following factors:
- How did the slip and fall accident happen?
- Was there a defect or impediment in the flooring that caused you to fall?
- What type of insurance coverage does the property owner carry?
- Did you suffer serious injuries?
- Are you out of work and experiencing a loss of income?
- Does the property have any other slip and fall cases filed against them?
All of these issues can contribute to deciding if it is worthwhile to file a lawsuit against the property owner. We will be forthright with our decision and keep you informed every step of the way.
The lawyers at Rawlins Law have successfully obtained judgments, winning thousands to million-dollar settlements, depending on the facts of the case. While it may be enticing to take an offer from an insurance company without contacting an attorney, you are denying yourself the resources and experience of a legal firm that will take on an insurance company and fight to get the money you deserve.
How Much Is My Personal Injury Lawsuit Worth?
The financial compensation in a slip and fall case depends on the details surrounding the incident and the ability to prove the property owner failed to maintain a safe environment.
If you incurred minimal expenses, you may recover less. However, if you suffered life-altering injuries and the facts of the case support the negligence of the property owner, the compensation could escalate.
The final determination for compensation depends on monetary losses plus the estimated long-term effect of pain and suffering associated with your injuries. Lost wages, out-of-pocket expenses, and any financial losses are all considered when determining the amount of the final settlement.
Where Do Slip and Fall Accidents Occur in San Diego?
In a bustling city like San Diego, there are countless places where a slip and fall accident might occur. More often than not, these accidents can take place in public and private venues due to various reasons like poor maintenance, inadequate lighting, or uneven surfaces.
Retail and Grocery Stores
Businesses like supermarkets and shopping centers, such as those in the Gaslamp Quarter, are frequent locations where slip and fall accidents occur. These can be due to wet floors, poorly stacked merchandise, or inadequate maintenance.
Restaurants and Bars
With vibrant dining and nightlife like San Diego's, slip and fall accidents can commonly happen because of spilled food or drink, uneven flooring, or unmarked steps.
San Diego's popular public attractions, such as Balboa Park, the San Diego Zoo, and the USS Midway Museum, experience heavy foot traffic, making them susceptible to slip and fall incidents. These accidents can happen due to wet or uneven surfaces, poorly maintained infrastructure, or cluttered paths.
Workplaces, especially those involving manual labor or outdoor work, can often be sites of slip and fall accidents due to unsafe conditions or poor maintenance.
It's not just public spaces—slip and fall accidents frequently occur in private residences too. These can be due to clutter, obstructed pathways, or faulty stairs.
Recovering from a slip and fall accident can be both physically and emotionally stressful. Rawlins Law can help alleviate some of that stress by providing a consummate legal representation that fights for your right to compensation. Whether your accident occurred in the crowded spaces of a tourist attraction like La Jolla or on a quiet residential sidewalk, our experienced San Diego slip and fall attorneys are ready to help. With our unwavering commitment to justice, victims can focus on their recovery as we fight for them.
How Common Are Slip and Fall Accidents?
Slip and fall accidents can occur anywhere, with injuries being far too common. According to the Centers for Disease Control and Prevention (CDC), the number one leading cause of nonfatal emergency department visits across all races, sex, and age groups in 2020 was unintentional falls.
The CDC reports approximately 28 percent of adults age 65 and older report falling at least once in the year, resulting in 36 million falls annually. In California, the risk is slightly higher, ranging between 28.8 percent and 33.9 percent, with limited activity and other restrictions for at least one day. Approximately 37 percent of people who fall sustain injuries serious enough to require medical attention.
In rare cases, slip and fall incidents can prove fatal. According to the National Safety Council (NSC), “preventable injuries are at an all-time high, ranking as the third leading cause of death behind heart disease and cancer.”
What Laws Protect Slip and Fall Accident Victims in California?
In California, there are laws governing the responsibility of property owners to reduce the risk of harm to others. When that does not happen, and you can prove negligence or carelessness occurred that led to your injuries, you can file a claim. The hard part is knowing who is responsible for providing compensation.
How to Obtain Compensation After a Serious Injury Caused by a Slip and Fall
- If you accidentally slip or fall at a friend or neighbor's house, you can file a claim for damages under their homeowner's insurance policy.
- If you fall at a retail store, commercial insurance will usually pay for medical expenses and other financial losses through their liability coverage.
- If you fall on government property or fall due to the negligence of a government worker, you have only six months from the date of the incident to file a claim, according to the California Tort Claims Act.
- California has a Comparative Negligence Rule that holds each person involved in an accident liable for their percentage of fault. Even if you are partially at fault for the incident, you may still be able to recover compensation for your injuries.
With all of these parameters, it is best to hire a slip and fall lawyer like those at Rawlins Law, who have experience dealing with the intricacies of filing a claim for a slip and fall accident in San Diego. Not knowing the proper channels and trying to navigate the process on your own could result in you losing out on a substantial sum of money.
We Hold Negligent Property Owners Accountable for Slip and Fall Accidents
Don't always assume a slip and fall is your fault! Often a property owner is to blame for not correcting a problem they were aware of, either to save money or due to improper management of employees and lack of supervision.
Dangerous Conditions Are the Main Cause of Preventable Slips and Falls
Common accidents that occur in public spaces can include dangerous surface conditions, such as:
- Uneven flooring or exterior sidewalk with no warning indicators
- Recently waxed or mopped floors with no warning sign
- Loose mats, carpeting, or floorboards (particularly on stairwells)
- Potholes in a parking lot
- Water, grease, oil, or other liquids that have spilled
- Slippery ice or snow that has not been salted or shoveled
Other Causes of Slip and Fall Accidents
Environmental factors can also lead to slip and fall accidents, some of which may include:
- Trash on the floor
- Obstruction in a pathway (boxes, debris, ladders, carts, etc.)
- Glare bouncing of a glossy flooring surface
- Inadequate lighting makes it difficult to detect potential hazards
- Electrical cords crossing a pathway with no warning indicator
- Transitions in flooring surfaces (such as wood to the carpet)
- Missing or broken handrail
Common Slip and Fall Accident Injuries
When someone accidentally slips or falls, they can experience minor to severe injuries. According to the CDC, one in five falls can lead to serious injuries, such as head trauma or broken bones. Unexpected falls are the most common cause of traumatic brain injuries (TBI), and almost 95 percent of hip fractures are due to falling.
Other slip and fall injuries that can occur include, but are not limited to:
- Broken arm, wrist, or ankle
- Sprains and strains
- Ligament damage
- Cuts, bruises, and contusions
- Facial injuries (teeth, eyes, jaw, nose)
- Soft tissue damage
- Neck, back, and shoulder pain
- Spinal cord injuries (slipped disc, fractured vertebrae, pinched nerves)
Fighting the Insurance Company
While you can certainly work directly with an insurance company after a slip and fall accident, it is often an uphill battle. Experienced lawyers such as Rawlins Law know how to prove negligence and deal with insurance companies to get you the best possible outcome.
The first and most crucial step in determining negligence is providing detailed evidence to support the claim. At Rawlins Law, our slip and fall lawyers take care of all legal matters, such as gathering pertinent information and calculating the damages before accepting a settlement.
Insurance companies will often make an offer that only includes a fraction of the costs you have incurred from the slip and fall incident. If you accept an offer before seeking legal advice, you risk not getting the compensation you are entitled. Lingering expenses will become your responsibility, causing further financial strain. Trust the legal team at Rawlins Law to handle your case, getting a fair settlement to compensate you for slip and fall damages so you don't have to worry about future expenses.
What to Do After a Slip and Fall Accident
Seek Medical Attention Right Away
Occasionally, people do not seek medical attention for injuries caused by a slip and fall accident, thinking they will get better on their own. Many people are embarrassed by the situation and do not admit to being hurt.
Regardless of age, permanent physical damage can occur if injuries caused by a slip and fall accident go unaddressed. That is why it is crucial to seek medical advice and follow your physician's recommended treatment plan.
Keep Records of Your Injuries and Expenses
It is also essential to keep records of everything related to the fall and be prepared to present them to your legal team to support your claim.
These documents can include, but are not limited to:
- Photographs of the obstacle or defect on the floor/ground that caused you to fall
- Names and phone numbers of any witnesses
- A police report, if applicable
- Medical records
- Receipts for all expenses incurred
- Proof of loss of income
At Rawlins Law, we will compile the information you gathered to determine the most compelling cause of action. Your slip and fall attorney can determine the extent of damages and use the data to help support the claim of property owner negligence. If necessary, we will hire a private investigator to collect additional evidence to build a solid case around the incident that led to your injuries.
How Our Experienced Slip and Fall Accident Attorneys Can Help
Following a slip and fall accident, numerous challenges can arise — from confronting physical pain and suffering to navigating insurance claims and legal procedures. Rawlins Law is here to lend a helping hand during this complex and distressing time.
Our legal team rigorously researches and examines every detail of the accident. From gathering evidence and interviewing witnesses to reviewing medical records, our comprehensive approach strengthens your case.
As an injured party, dealing with insurance companies can be overwhelming. Our lawyers are accomplished negotiators equipped to deal with insurers and secure the maximum possible compensation for your loss.
Legal Guidance and Representation
Our skilled attorneys guide you through refining your legal strategies and represent you vigorously if legal proceedings become necessary. We understand the emotional distress a slip and fall incident can cause. Offering more than just legal service, we empathetically support you throughout your journey towards receiving the justice you deserve.
Transparent Cost Structure—No Win, No Fee
At Rawlins Law, we believe that worry about legal expenses should never stand in the way of justice. This is why we operate on a contingency fee basis. Put simply, your personal injury attorney will only get paid when we win your case.
Our fees come from a predetermined percentage of the compensation we procure for you. Therefore, you don't pay us any upfront fees or costs during your case. At Rawlins Law, financial constraints won’t deter you from seeking justice. We stand ready to fight for your rights without causing unnecessary strain on your budget.
Call Rawlins Law Today!
Rawlins Law has extensive experience working with clients involved in San Diego slip and fall accidents. We can deal with the insurance companies and gather the necessary paperwork for you so you can focus on getting better.
Our experienced personal injury lawyers work hard to get you the best offer, providing exceptional, compassionate service and aggressively fighting on your behalf to recover the best compensation possible. Everything we do is confidential, and you pay no upfront costs. You do not pay us if you don't win the case.
At Rawlins Law, we are confident in our abilities to defend you, and together, we can build a strategy to achieve a fair and just settlement.