Slip and Fall Accidents / Premises Liability Claims

Premises liability laws hold property owners responsible for the accidents that occur on a property due to unsafe conditions. Premises liability law can be quite complex, and if one is injured on someone else’s property, the victim is advised to immediately seek counsel from a premises liability lawyer to protect their legal rights.

Landlords, building managers, and other property owners are responsible for maintaining a safe environment for anyone who might pass through the premises. Some common examples of premises liability cases are:

• Slip and fall accidents
• Negligent security
• Animal attack assaults
• Accidental drowning
• Exposure to hazardous chemicals, lead, toxic mold, and asbestos

All victims injured on someone else’s premises may be eligible to collect financial compensation including lost wages, medical costs, and other punitive damages.

Governmental Premises Liability Law

Government owned and maintained properties, such as public parks, public sidewalks, government offices, and bridges, also have a liability if there are faulty signals, defects on sidewalks, improperly cleared snow or ice, and an injury from an ill-maintained child playground facility.

Under the California Tort Claims Act, a person injured on government premises is required to file a lawsuit against the local or state government within six months from the accident. If a victim does not file a claim within that time, he or she may still be eligible to file under certain circumstances.

If the state or local government does not notify the injured victim within 45 days, the victim can file a lawsuit within two years of the accident.

Case Evaluation

Whether on private or public property, you have a right when injured from a hazardous condition on another property.

Contact an experienced San Diego premises liability lawyer for a free San Diego premises liability claim evaluation.

In 2007‚ Virginia resident Mercilla Lindor fell outside a Massachusetts McDonald’s during some nasty weather. She broke her foot and was immediately transported to a nearby hospital.

Lindor took the case to court‚ but a judge dismissed her complaint at the request of the fast food chain on the grounds that property owners could not be held liable for acts of nature. It was a slap in the face to Lindor‚ who was held to blame for the slip-and-fall accident.

The clerk recorded the judge’s order on July 28‚ 2010‚ 6 days after he issued it (July 22‚ 2010). (Note: According to Massachusetts law‚ a ruling is official when a clerk dockets it.)

In a July 26‚ 2010‚ ruling (between July 22 and July 28)‚ the SJC flipped the state’s law on landlord responsibility‚ ordering that property owners are responsible for protecting lawful guests from natural hazards‚ especially on commercial property.

Shockingly‚ with some lucky legal timing and a favorable decision made today by the state Supreme Judicial Court‚ Mercilla Lindor can now proceed with a lawsuit against McDonald’s Restaurant of Massachusetts.

Find a Premises Liability Claim Lawyer

If you or someone you love has been injured in a slip-and-fall accident in San Diego County on someone else’s property‚ you may be eligible for compensation for your damages. Contact the slip-and-fall injury attorneys at the Jurewitz Law Group. Call our personal injury office at 888-233-5020.

An injury that occurs on a slippery floor can lead to surgery‚ physical therapy‚ and hefty medical bills. If you’ve been a victim of a property owner’s negligence‚ you should have a San Diego personal injury lawyer review your case. You may be entitled to compensation for your injuries.

To be successful in a slip and fall claim‚ you’ll have to prove that the property owner was negligent. This means you must show that the property owner had a duty to maintain the premises and breached that duty. Then it must be proven that the breach of duty caused the accident‚ and the accident resulted in damages.

When the Floor is Slippery Property Owners Can Be Held Accountable

Property owners have a duty to warn others of dangerous conditions. If the floor is slippery‚ the property owner should post signs or rope off the area. They are also required to exercise reasonable care.

A safe environment should be maintained on the property to protect the public. If the dangerous condition is considered "open and obvious," then the property owner won’t have a duty of care.

Your best bet is to meet with a San Diego personal injury lawyer after you’ve been injured on a slippery floor. A lawyer can determine whether the owner of the property was indeed negligent and help you take steps toward financial recovery.

Act Now For Help with Your San Diego Slip and Fall Claim

If you or a loved one have been injured in a slip and fall accident in California the Jurewitz Law Group is here to help. Before you hire an attorney or even speak to the insurance adjuster‚ order our free California personal injury guide. When you’re ready to get started on your case‚ simply contact our law offices online or by phone – 888-233-5020. The consultation is free!

If you’ve suffered an injury after falling on a slippery floor‚ you may be able to take legal action to recover damages. After seeking medical treatment‚ you should discuss your options with a San Diego personal injury lawyer.

When the Floor is Slippery: Insurance Company Tactics

It would be unwise to try to handle a slip and fall claim on your own. An experienced lawyer is familiar with the tactics insurance companies will use in an attempt to minimize or deny your claim.

It’s not uncommon for insurance companies to claim that victims are responsible for their slip and fall accidents‚ even when the floor is slippery. They may argue that you knew about the dangerous conditions or that your injuries aren’t as severe as you claim.

Your San Diego personal injury attorney will keep your best interests in mind when showing the link between a slippery floor and your injuries in order to get you the best settlement possible.

However‚ in order to get a settlement‚ the property owner responsible for your injuries must be capable of providing compensation. If the property owner doesn’t have good insurance coverage‚ you still may be able to recover damages by their seizing assets.

To protect your case and ensure it is successful‚ you should:  

• notify the property owner;
• get contact information from any witnesses;
• keep track of all medical expenses; and
• follow your doctor’s orders.  

As soon as you’re capable‚ pick up the phone and call a San Diego personal injury lawyer.

Act Now For Help With Your San Diego Slip and Fall Claim

If you or a loved one have been injured in a slip and fall accident in California the Jurewitz Law Group is here to help. Before you hire an attorney or even speak to the insurance adjuster‚ order our free California personal injury guide. When you’re ready to get started on your case‚ simply contact our law offices online or by phone – 888-233-5020. The consultation is free!

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A dock along Mission Bay at the Bahia Resort in San Diego collapsed on Saturday‚ July 31‚ 2010‚ at 9:30 p.m.‚ sending over 100 people into the water and causing several to fall into the shallow three feet of water below.  Several suffered injuries and had to receive medical treatment due to this San Diego premises liability accident.

The people were waiting for the Bahia Belle‚ a ship that travels around Mission Bay and takes off from the West Mission Bay Drive location.

According to witnesses‚ three separate pillars snapped one after another.  People were sent into water and then others rushed out quickly.  Thankfully‚ the collapse happened in the shallows near shore.

San Diego Fire Department personnel reported that four people needed medical treatment and one was taken via ambulance to Scripps Mercy Hospital for treatment of their injuries.

As of August 3‚ the Resort had begun investigating why the dock collapsed.  While the dock is owned by the Bahia Resort‚ a subsidiary of Evans Hotels‚ the land on which the resort is located is leased from the City at a cost of $1.1 million per year.  Provisions in the lease excuse the City from any liability‚ but fails to require any specific timeline for inspections by City.  The City is not conducting any investigation itself.

In the meantime‚ the Bahia Belle is docked temporarily at the nearby Catamaran Hotel.  Evans Hotels will be submitting plans to build a new dock‚ subject to approval by the City.

If you or a loved one has been injured or killed due to a dangerous condition on private property‚ please contact the San Diego slip and fall accident attorneys at the Jurewitz Law Group at 888-233-5020 for a free consultation.

Date:  June 12‚ 2009

Location: Three story building in Downtown San Diego‚ 14th Street and Broadway

Type:  Premises liability accident

Outcome:  One person dead

A person died late Friday night after falling from the top of a three story building in Downtown San Diego.  It is unknown whether the person fell or was pushed from the building.  Neighbors report hearing noise from the top floor immediately prior to the incident.

Date:  May 16‚ 2009

Location:  Winecreek Court‚ 4S Ranch neighborhood of San Diego‚ CA

Type:  Premises Liability‚ Negligent Supervision

Outcome:  One Killed

A North Carolina boy visiting family in San Diego died after drowning in his grandmother’s pool.  The boy‚ Malachi Gardner‚ was found in the deep end of the pool early Saturday evening by a babysitter.  Unfortunately‚ the babysitter could not swim and could not reach the young boy.

Gardner was transported to Pomerado Hospital and later transferred to Rady Children’s Hospital where he was pronounced dead early Sunday.

Our prayers go out to his family.