San Diego Slip & Fall Attorney
For many, falling in public is embarrassing, but far worse than any embarrassment are the serious injuries that such an incident may cause. The elderly are at a particularly high risk of suffering broken bones and other catastrophic injuries if they slip, trip or fall. At The McClellan Law Firm, we help clients across San Diego and the surrounding areas who have been injured in slip and fall accidents. We take on cases involving stairway accidents, escalator accidents, wet floors, dangerous sidewalks, poorly lit walkways, and more.
HELPING VICTIMS OF SLIP & FALL ACCIDENTS IN CALIFORNIA
One of the troubling things about slip, trip, and fall accidents is they are largely preventable. If property owners took reasonable measures to keep their premises free from the hazards that cause these accidents, they could prevent countless injuries.
It is a matter of properly inspecting, maintaining, and repairing property grounds and placing warning signs if a hazard is present and has not yet been remedied. If landowners are negligent in maintaining property grounds and slip and falls occur, victims may be able to hold them liable. Slip and falls generally fall under the area of premises liability law, which includes injuries that occur on another's property.
For a plaintiff to effectively prove liability in such a case, it will be necessary to establish:
- The defendant (at-fault party) owns or manages the property in question;
- The defendant was negligent in keeping this property reasonably safe from hazards through improper inspection, maintenance or repairs, or failed to warn visitors of hazards;
- The plaintiff was injured; and
- The defendant's negligence caused the plaintiff's injuries.
The burden of proof in personal injury cases involving slip and fall accidents is less than the burden of proof required in criminal cases (beyond all shadow of a doubt). Rather, a plaintiff in a slip and fall case must prove the defendant's fault based on a preponderance of evidence.
This means that it must be enough to show that it is "more than likely" true. If a plaintiff can prove the four aforementioned points based on a preponderance of evidence, he or she may be able to recover compensation from a landowner for: medical bills, future medical treatment, lost earnings, loss of potential earnings, pain, suffering and emotional trauma.
Involve a Personal Injury Lawyer at Our San Diego Firm
Proving fault in a slip and fall injury claim is not easy, particularly if the hazard that caused your accident has since been repaired or the property owner claims you were to blame. You need a competent attorney who can utilize the services of investigators and expert witnesses to evaluate the circumstances surrounding your accident and then prove how the property owner was negligent. You need an attorney who can also prove the true and fair value of your claim to help you recover a maximum settlement or jury award.
In our years fighting for the rights of the injured and wronged, our firm has secured over 133 verdicts and settlements exceeding $1 million each. Our San Diego personal injury lawyers place our clients' needs first and work tirelessly to hold property owners and other negligent parties accountable for their wrongdoing.
To find out how we can help with your case, contact our offices. Your initial consultation is free and confidential.