Offices in Mission Vallley, El Cajon & Chula Vista

Chula Vista Slip and Fall Accident Attorney

 

Important Tips After A Slip and Fall Accident

 

FIRST: Get Medical Attention.

The first thing to do after any injury is obtain prompt medical attention. However, in the case of a slip and fall, gather whatever facts and evidence you can. It is important to determine what caused you to fall, and how long the liquid or other obstacle was allowed to be there. Photos of the liquid or obstacle or of the general scene need to be taken. (A cell phone camera can be very useful here.) Even if you have to return to the scene the next day or the next week, take as many photos of the scene as you can. (Later on, the scene may look very different, and it will be too late to take helpful photos.)

SECOND: Hire An Experienced Slip and Fall Attorney.

Gather whatever evidence, information (names of witnesses) and photos you can, and bring them to an attorney experienced in handling slip and fall cases.

Do not approach the owner of the property. (If you are requested to complete an incident report, write down how the incident occurred in as few words as possible, and make sure to request a copy of your statement.)

Never give evidence to the potential defendants. It could be destroyed. Remember, if there are no photos or witnesses, it will be harder to prove your case.

THIRD: Do Not Speak to Insurance Companies!

Never speak with any insurance company about your claim. If you are contacted by anyone on behalf of the property owner, do not answer any questions. Tell them to expect a call from your lawyer.

Every slip and fall case is unique. Every injury is unique. The slip and fall lawyer you choose makes a difference. Many attorneys do not accept slip and fall cases because they are hard to prove. At the Law Offices of Howard Alan Kitay, we have successfully handled slip and fall cases for over twenty years.

Dangerous Conditions and Slip and Fall Claims

Slip and falls can happen on public or private property, indoors or outdoors. Some of the dangerous conditions which result in a slip and fall:

• Slippery floor
• Uneven sidewalks
• Potholes
• Poor lighting
• Unmarked pathways, stairs or speedbumps
• Unbalanced flooring
• Uneven or rippled carpeting
• Obstacles on the ground or walkway

 

Injuries Caused by Slip-and Falls

 

Slip and fall injuries can be minor or severe. Broken bones, bruises and other injuries that heal fairly quickly are common; sometimes, however, the injuries are more serious. It is not uncommon for a slip and fall victim to suffer a brain or spine injury, which may require considerably more medical treatment. In rare cases, the victim may die as a result of the injuries. In every case, the victim (or the heirs, in the case of a death) should promptly obtain the services of an experienced slip and fall attorney.

 

Slip and Fall Damages

 

The damages available to a slip and fall victim are the same as are available to any victim of personal injury: medical bills (present and future); lost wages (present and future); and pain and suffering (present and future).

The difficulty in slip and fall cases is proving the property owner is responsible for the injuries. Often, it is necessary to file a lawsuit to gather evidence to prove the property owner is at fault. Again, in every slip and fall case, the victim (or the heirs, in the case of a death) should obtain the services of an experienced slip and fall attorney immediately.

Defenses to Slip and Fall Claims

Store or restaurant owners commonly claim they are not responsible for slip and fall injuries; they argue a typical store owner acting with reasonable care would not have had time to discover and remove the danger. This is called the "lack of notice" defense.

When the lack of notice defense is not available (e.g., when the store owner actually creates the danger), defendants often blame the victim for the slip and fall. They argue a reasonable person, exercising reasonable care for their own safety, would have seen the dangerous condition and taken precautions to avoid slipping (or tripping) on it.

In every slip and fall case, the burden is on the victim to prove the property owner breached a duty of care. For this reason, slip and fall attorneys often retain expert witnesses to testify on these issues.

For example, suppose you are shopping at your local grocery store and slip on a grape resting on the floor in the produce section. The case analysis goes something like this: if a store employee caused the grape to be on the floor - or if another customer caused the grape to be on the floor, and it remained there for an unreasonably long period of time - you have a case. If, however, another customer dropped the grape and you came along and fell 30 seconds later, you do not have a case. The law does not require grocery stores to do the impossible: under the latter scenario, there would be no reasonable way for the store to protect you from the wayward grape.

Every slip and fall case depends on unique facts that the victim is required to prove. Often, the true facts are not known (or provable) until a lawsuit is filed and store employees are interviewed under oath (this is called a "deposition"). In every slip and fall case, the victim (or the heirs, in the case of a death) should obtain the services of an experienced slip-and-fall attorney immediately.