Who Is Responsible in a San Diego Slip and Fall Case![Man after a slip and fall accident in San Diego]()
This can be very challenging. Under California law, it can be difficult to prove who is at fault for slip and fall accidents. The fault is always up for attack with defense lawyers, and insurance claims adjusters. Thousands of people each year are injured, many seriously, from slipping and falling on a floor, stairs, or other surface that has become slick or dangerous. Indeed, even ground that has become uneven to a hazardous degree can lead to severe injuries, including brain damage, or even more terrible injuries, including death. However, sometimes it may be difficult, if not impossible, to prove that the property owner is responsible for any slip and fall accidents.
After a slip and fall accident, certain things need to be documented and addressed. If you or a loved one has been injured in a San Diego County slip and fall accident, it may be tempting to seek out justice in the form of a lawsuit as soon as possible. However, you should always consider whether or not the accident was just a simple fact of life, something that, no matter how careful the property owner was, could not have been avoided. Even if a leaking roof leads to a slippery condition that you slip and fall on, the property owner may not be responsible for your injuries if there is a drainage grate in the floor designed to limit slippery conditions. In addition, property owners will not always be responsible for things that a reasonable person would have avoided, such as tripping over something normally found in that location (like a leaf rake on a lawn in the fall). Everyone is responsible for being aware of their surroundings and trying to avoid dangerous conditions. California law clarifies that you, as a consumer or visitor, must watch where you are walking. You cannot just walk around not paying attention.
However, this is not to say that property owners are never held responsible for the injuries of others who slipped and fell on their property. Indeed, although there is no cut-and-dry rule under California law, property owners must still take reasonable steps to ensure that their property is free from dangerous conditions that would cause a person to slip and fall. It is all about reasonableness. However, this reasonableness is often balanced against the care that the person who slipped and fell should have used or enabled to help prevent the tragic trip or slip and fall from happening in the first place.
Mark C. Blane is a San Diego Slip and Fall Attorney and the managing lawyer of the Law Offices of Mark C. Blane, a San Diego, California Premise Liability Law Firm devoted to representing families of injured persons of automobile accidents. If you or someone you love has been injured or killed in San Diego County or Southern California due to the negligence of another, please order your FREE copy of Mr. Blane's book, The 10 Secrets You Need To Know About Your Injury Case, BEFORE You Call A Lawyer. It contains helpful information, insights, and secrets that will help you protect your legal rights. It normally sells for $16.95; however, it is free to all California residents or those injured in a California accident.