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Slip & Fall Accidents in California

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Slip & Fall Accidents in California

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Are You Prepared for the Insurance Company’s Defense Tactics on San Diego Accident Cases? Let San Diego Slip and Fall Attorney, Mark C. Blane, Protect Your Rights After a Serious Injury.

Slip & Fall Accidents in California

It is an unfortunate fact that San Diego slip and fall or trip and fall accidents in public areas happen all the time, such as in malls, stores, theme parks or offices. If you or a loved one has sustained serious injury from a slip and fall incident that could have been avoided were it not for the negligence or carelessness of the owner of the property or land where the accident occurred, you are entitled to legal compensation.

Whether you have suffered a serious injury such as a bone fracture, head injury, sprained joint or even a spinal cord injury, your San Diego accident compensation should cover your medical costs, rehabilitation, and loss of income, disability, pain and suffering and future expenses.

All this will be fiercely contested by the owner's insurance company, which will challenge the accusation of negligence, question your medical file and come up with examples of court dismissals in related cases.

Before you call me on your California slip and fall injury case, you can download a FREE copy of my slip and fall legal survival book - as long as you are a California resident, or injured in a California slip and fall, trip and fall, or premise liability injury claim! It's a great book and I promise it will give you plenty of insight into your pending legal case!

Top Questions We Get About San Diego Slip and Fall Accidents

Some of the most common questions we get with slip & falls include:


What You Need to Know About San Diego Slip and Fall Claims

First, you need to show that the California owner or occupier of the property or area where the accident occurred is responsible for the serious injuries you suffered.

This would be true if the owner:

  • caused the circumstance leading to your San Diego accident, like he/she opened the poorly marked manhole or dislocated the floor tiles; or had control over the property that led to the hazard, like not properly fixing an air conditioner unit that always leaked water; or was selling a product that was stacked high on shelves that fell down (like Costco and other big retailers);
  • knew of the dangerous circumstances on the premises but did nothing about it; and
  • should have known of the dangerous circumstances on the premises and should have corrected them in his/ her normal duties of managing the property.


In many San Diego accident cases involving slip and falls, the owner's liability is not obvious. You need witnesses, pictures, detailed descriptions of the facilities and unquestionable causation links between the facility, the accident and your injuries. You may also need expert testimony.

Second, your claim must be prepared in such a way that it maximizes your chances of obtaining fair compensation. This requires a thorough knowledge of medical terminology, a network of medical experts, the experience of comparative legal cases and an insider view of insurance companies' calculations and methods.

San Diego slip and fall accident attorney, Mark C. Blane, is the compassionate lawyer you'll want on your side after suffering a serious injury in San Diego. Heading a legal team of approachable, competent, yet unwavering San Diego accident attorneys, Mark C. Blane will personally meet you and supervise your slip and fall case.

What kinds of San Diego slip and fall injury cases have you handled? 

Over the years, we have seen many different types of trips, and slip and falls.

Our case experience includes the following: 
 

But before you even contact us to schedule your no-cost consultation, request to receive a copy of our California personal injury claims guide,The Top 10 Secrets You Need To Know About Your Injury Claim, BEFORE You Call A Lawyer at no cost.

Remember there are no fees for our legal services until we win your case, so call us today at 619-813-7955. Hablamos Español.

Blog for Slip & Fall Accidents in California

  • Work Place Slip & Falls by San Diego Premise Liability Lawyer Mark Blane

    Description: However, workplace slip and fall accidents are rarely litigated because of California workers’ compensation protection laws under the California labor code...

  • San Diego Slip & Falls at Construction Sites by Attorney Mark C. Blane

    Description: Slip & falls at construction sites account for more than 68,000.00 injury claims each year and at least 100 of them are fatalities. These accidents may involve

  • Business Owner's Failure to Inspect for Hazards | Slip & Fall in San Diego

    Description: Cluttered aisles in a California retail store can be a major problem for the owner. I have been to some retail stores and noticed that merchandise tend to get picked up by customers and placed on the floor. One such store is the Ross Dress for Less stores.

  • Sweep Logs | Establishing Notice of a Store Owner on a CA Slip & Fall Case

    Description: The law in California has clearly established the business owner's duty to inspect, maintain and make safe the business premises; especially if any hazard or defect is found on the premises. This is to protect the public, patrons, or customers from any potential slip and fall accidents.

  • Three Ingredients to a San Diego Slip and Fall Injury: Shoes, Floor & Person

    Description: Whenever you are dealing with a California slip and fall injury accident, you always have the same three ingredients: the victim's shoes, the floor, and the person (slip and fall victim). The injured person needs to be able to narrow down the causes or issues of the accident in concise terms.

  • Supermarket or Retail Store Duty in a San Diego Slip and Fall Case

    Description: The supermarket or retail store has a duty to maintain its premises in a such a manner that it does not create an unreasonable risk of harm to the patrons or customers. It must, under California law, exercise ordinary due care under the circumstances of the slip and fall to minimize the commonly occurring slipping hazards (which caused the fall in the first place!).

  • The Notice Element in a San Diego Slip and Fall Injury Case | What to Know

    Description: The Notice evidentiary element is by far the most critical element in a San Diego slip and fall injury case that needs to be established as soon as possible in a case. Without the crucial notice evidence, there is very little hope of success for a slip and fall victim.

  • Absence of a Hazard in a California Slip & Fall Injury Case | San Diego Firm

    Description: On occasion, a California slip and fall accident and injury can occur when there is no obvious hazard; the floor is dry and clean, free of any dangerous debris. Usually, slip and fall victims of this type of injury fall allege the floor was so dangerous due to it being over polished and shiny.

  • Control of the Premises in a Slip and Fall Injury Case | San Diego Injury Firm

    Description: Since duty in a slip and fall negligence case attaches to the management of the property where the slip and fall occurred, an issue will arise as to the control of the premises. A landlord may have control over the common areas of an apartment complex, but not over the interior of individual dwelling units. In the same context, the tenant of an apartment building will not have control over the common areas of the apartment building. Thus, in the analysis of a San Diego slip and fall case, it is necessary to decide whether the at fault party had or should have had control over that portion of the premises where the slip and fall accident happened. That is the question of the entire injury case.

  • Duty of Ordinary Care in a Slip and Fall Injury Case | San Diego Injury Law Firm

    Description: Most jurisdictions require that the landowner use the level of care of an ordinarily prudent adult to prevent an unreasonable risk of harm. Under this legal rule, the custom and practice of industry is often used to establish ordinary care. As an example, abrasive admixtures added to exterior paint on walkway surfaces is ordinarily used in apartment complexes to reduce the risk of injury on wet walkway surfaces.

  • Hazards & Debris on Floors & Sweep Logs | San Diego Slip & Fall Accidents

    Description: FREE books by San Diego Slip and Fall Law Firm: The basis of California slip and fall law stems from proving a property owner breached a duty owed to the injured slip and fall victim. Injured parties used to be faced with frightful burden of proving both breach of duty and notice. Over time, the courts have eased the injured parties' burden in regards to this burden (rightfully so too in my opinion). A 1954 California case called Hale v. Safeway Stores held that frequent inspection of the sales areas in markets was necessary and that 12-15 minutes between inspections would not be unreasonable.

  • The California Slip and Fall Victim | San Diego Trip and Fall Law Firm

    Description: San Diego Slip and Fall Victim: The plaintiff's attorney for a California slip and fall victim must effectively present the victim of the slip and fall accident, who is quite frequently the only witness to the incident. (Interestingly, with the advent of technology, more and more of my clients are able to use their cell phone camera modes to video tape what happens after a slip and fall including witnesses). Remember, only the victim can best describe the conditions of the walkway surface and those events occurring immediately before the slip and fall accident. To succeed at a slip and fall trial, the credibility of the victim is extremely important.

  • The Hazard that Causes a Slip and Fall | Causal Link | San Diego Injury Firm

    Description: Identifying the Hazardous Condition: In most California slip and fall cases, some physical feature or condition is a major contributing factor in the injure party's fall. The hazard may be as simple as water on the floor of a supermarket or as complex as a subtle variation in the riser height of a step in a stairway. In each case, something caused the injured person to fall down.

  • Comparative Fault in a California Slip and Fall Case | San Diego Injury Lawyer

    Description: California is a comparative fault state. This fancy word means that the citizens of California are held legally responsible in court only for their share, or their portion, of an injury to another. More specifically, a property owner may not be 100% at fault for a slip and fall; they can be apportioned a degree of fault, if facts exist to support it; for example instead of 100% fault, they can be say 75% at fault, and the injured party 25% at fault. Thus, if the value of an injury from a slip and fall were $100,000.00 then that value is deducted by 25% or $25,000.00, and the value award to the injured party would be $75,000.00.

  • Reasonableness in your California Slip or Trip and Fall Accident Injury Case

    Description: The legal term "reasonableness" and your California premise liability case can often times be confusing to some injury clients. When you set about to show that a property owner is liable for the injuries you sustained in your California slip and fall accident, you will most likely have to show, at some point, the reasonableness of the property owner's actions that led to the injury in the first place. In order to help you with this situation, here are some questions that you should be able to answer before starting a case with a lawyer in California:

  • Proving Fault in a Slip and Fall Accident
  • San Diego Slip and Fall Attorney, Trip and Fall Lawyer
  • Information You Need In Order to Prove Your Case in a Court of Law
  • Vital Information You Need
  • Helpful Hints Regarding Slip and Fall Injuries – From San Diego Trip and Fall Lawyer

Library for Slip & Fall Accidents in California:

  • San Diego CA Slip & Fall Law Firm: Hidden (latent) v. Obvious (patent) Defects
    Description: Under common law, the builder’s legal liability is extinguished to third parties when the owner has accepted the building. This exemption does not apply to...
  • What You NEED to Know Regarding a California Slip & Fall (Premise Liability Accident)
    Description: The question most people want to know is if they fall and hurt themselves, can they collect money? The answer to that question is, “That depends on a number...
  • Slip & Fall Accidents
    Description: A slip and fall accident occurs where an owner of property is held liable, or at fault, for causing an injury to another person on the property due to some haz
  • Types of Slip and fall accidents & Where They Can occur
    Description: Now, slip and falls are further divided into types or kinds of falls. Namely, there are two kinds of falls a person can have: same-level (or same-surface) fall
  • Falls from ladders - Classified as the Second Type of Slip and Fall Accident (Elevated Fall)
    Description: There are a number of different kinds of ladders available for purchase, & you can fall off of any of them. Call Slip/Fall Injury lawyer Mark Blane 619-813-7955
  • Falls from Vehicles & Equipment, and Falls from Loading Docks
    Description: All too often, people sustain serious injuries and even death from falls from being an extra rider on equipment such as a trac- tor or the bed of a truck.
  • Why the Slip and Fall Victim's Shoe are So Important in a Fall Injury Case
    Description: The shoes of the slip and fall victim are very important to a San Diego, California slip and fall accident case. In my injury law practice, I always ask my slip and fall client to save their shoes in a plastic bag as a reminder to my client not to wear the shoes in question so as to preserve them as evidence in case we need them for the following reasons:
  • Why the Floor of Where the Slip and Fall Accident Occurred is So Important In Your Fall Injury Case
    Description: The floor of where a slip and fall accident occurred is very important for a number of reasons. First, and foremost, there may be a very good reason why the slip or fall happened which is directly related to the type of floor or flooring surface. One of the first things I ask my injured client is about the floor itself. What was the traction like? Did it have traction? You see, lack of adequate traction is one of the most common causes of falls in businesses and retail stores across California.
  • Read Why the Slip and Fall Victim is Important to His or Her Injury Case
    Description: Usually the victim of a slip and fall injures him or herself because he or she is doing something reasonable, like shopping, or looking for their kids while shopping. The issue of who the victim of a slip and fall is centers on what that person was doing when they fell. Were they doing something reasonable or unreasonable?
  • Why You Should Know About the Wollerman Rule on Your San Diego Slip and Fall Injury Case
    Description: The Wollerman court case is relevant to your San Diego slip and fall injury. In order to create a more equitable balance of justice in regard to the burden of proof in a retail store or supermarket slip and fall case, the court in Wollerman shifted the burden of proof to the defendant (business property owner), Grand Union, to show that it exercised reasonable care in maintaining its retail stores.
  • What do you NEED to KNOW about MYSTERIOUS CAUSES for a Slip & Fall Injury Accident?
    Description: The injured party was shopping and walking down the "household products" aisle of a discount department store when all of a sudden she slipped and fell causing serious injuries to her body. The injure party claimed the floor was super slippery, which made her left foot slide back causing her fall.
  • The Business Owner's FAILURE to WARN of a Hazard in a Slip & Fall Accident
    Description: If the business owner knows or should have known of a dangerous condition on the premises that he or she knew was possible or "foreseeable" or could present a danger to patrons, then he or she is said to have a duty to exercise ordinary care in either:
  • What Do You Need to Know About California Retail Store & Supermarket Slip and Falls...?
    Description: Slip and falls that lead to injuries in California retail stores and other businesses, like supermarkets, are not the most common type of San Diego slip and fall accident, but they tend to be the most hotly litigated area of slip and falls.
  • Read the Following: Mode of Operation Theory is Changing the Law for Slip and Fall Cases in Favor of the Injured Party, not the Business Owner!
    Description: Courts are using the "mode of operation" theory more and more on slip and fall cases. Mode of operation simply refers to the manner in which the merchandise in a retail store is displayed or packaged, and how that is relevant to any slip and fall injury that occurred inside the retail store. The phrase "mode of operation" was first coined to describe the application of a relatively new rule that extended liability to a storeowner if he or she failed to inspect or clean his or her store.
  • California Premise Liability Law (Slip, Trip and Fall Injury Cases)
    Description: A California slip and fall injury can happen at any time and practically anywhere. If you've slipped and fallen on another person's (or business's) property, and as a result of that fall got injured, you might be entitled to pursue a California premises liability claim. There are, however, many variables and legal details to consider with your specific case. These details might include:
  • California Trip and Fall Injury Cases by San Diego Accident Law Firm
    Description: California Trip and Fall accidents cost millions of dollars in damages every year and lead to thousands of injuries, some of them severe and even fatal. Whether you or a loved one has slipped on uneven stairs at a restaurant, tripped on raised carpeting or uneven flooring, or tripped on something mostly hidden from view but likely to cause a normally cautious person to fall, you should consider getting a solid assessment of your rights and responsibilities under CA law. Legal compensation for California trip and fall injuries is not guaranteed as these cases tend to get closely scrutinized and there are usually three hurdles a lawyer has to prove to even get legal fault.
  • California Premise Liability Law
    Description: In general, plaintiffs (persons injured and addressing recourse from an at-fault party) can ask for both or either of two types of damages. Compensatory damages deal with losses to person or property and may include missed-vacation time, pain and suffering (which is often estimated), property broken or lost, wages missed due to injuries sustained, future losses of wage income, and medical expenses. So-called punitive damages -- which are not awarded in most California premise liability cases -- are designed to punish a property owner who acts with the intent to cause injury - something that is very unusual in this type of case. Punitive damages are not designed to compensate the California injury victim, but to punish the wrongdoer.
  • El Cajon Slip and Fall Accident?
    Description: Slip and fall accidents are difficult cases to prove because liability (proving who is at fault) is ALWAYS "open to attack" by the defense claims adjuster and defense lawyer defending the claim. If you have been seriously injured in a El Cajon Slip and Fall accident, you need a California slip and fall attorney who has extensive experience investigating, documenting, and making claims in slip and fall injury cases.
  • What is a "slip and fall" case?
    Description: The words "Slip and fall" is a common term used for a personal injury case in which a person slips or trips and falls, and is injured on someone else's property. These cases, in California, usually fall under the broader category of cases known as "premises liability" claims, because slip and fall accidents usually occur on property (or "premises") owned or maintained by someone else, and the owner or possessor of the property may be held legally responsible.
  • Who is Responsible? San Diego California Slip and Fall Accident Case
    Description: In order to recover for a slip and fall injury sustained on another's property in California, there must be a responsible party whose negligence caused the injury. Who is this person or entity? This sounds obvious, but many people do not realize that some injuries are simply accidents caused, if anything, by their own carelessness.

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Frequent Questions for Slip & Fall Accidents in California:

Case Results for Slip & Fall Accidents in California:

Videos about Slip & Fall Accidents in California:

Web Resources for Slip & Fall Accidents in California:



  

More Legal Questions About San Diego California Slip and Fall Accidents?

Do you have more legal questions about San Diego slip and fall or premise liability accident cases?  Return to the Slip and Fall Accidents in California Frequently Asked Legal Questions page. 


The Law Offices of Mark C. Blane, APC
GOLDEN EAGLE PLAZA
525 B Street, 15th Floor
Toll Free:  (888) 845-6269
Direct:  (619) 813-7955
    The San Diego California Slip and Fall Accident Attorney that offers FREE Slip & Fall Injury Books to anyone BEFORE they speak to a Lawyer, a Claims Adjuster, or have to sign any Legal Forms; also we represent clients across Southern California including the following areas: