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Premises Liability Attorney

Help When You've Been Injured in a Fall Due to Other's Negligence  | Zentz & Zentz

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San Diego Premises Liability lawyers

Premises liability is the responsibility of the property owner. One of the most common premises liability claims is for slip and falls. This also includes trips and other situations that could lead to a fall.

One out of every five slip and fall accidents results in a serious injury. Most often, it is elderly people who suffer the most from such an incident. In fact, 95% of hip fractures occur as a result of a fall.

A San Diego premises liability attorney can assist you with a slip and fall claim. You have to prove your case against the property owner or whoever is in charge of the property successfully to claim damages. A lawyer will have the knowledge and skills to help put together your case so that it is effective in the courtroom.


Examining Duty of CareExamining Duty of Care

Duty of care is the term California uses to define a property owner's liability to ensure safety to people on his or her property. Under the law, a property owner must keep his or her property in a reasonably safe condition.

The liability lies completely on the owner to assess the property on a regular basis to ensure there are no hazards that could result in an injury. It is not a usable defense for an owner to claim that he or she did not know about a hazard. As long as the court determines that the owner should have known about a situation, he or she retains the liability for any injuries to anyone visiting the property.

The owner has the responsibility to fix issues as soon as possible once he or she becomes aware of them. Failure to fix a hazard is a breach of duty of care. The property owner may hire someone to fix the problem, but the liability cannot transfer to that contractor. The owner will retain liability even if the contractor fails to do his or her job properly.

About Slip and Fall Accidents

Slip and fall accidents can occur almost anywhere. They happen when you lose your footing due to a hazard of some type. Hazards may include:
• Slippery flooring
• Clutter
• Poor lighting
• Uneven flooring
• Rugs or carpet

Slippery flooring is one of the top causes, but flooring issues, in general, are the main reason for a fall. In older adults, their own issues with balance and coordination may also contribute to a fall and plays into why elderly individuals are most likely to suffer from a slip and fall accident.

During such an incident, the common injuries are broken bones and sprains. Parts of the body most impacted include:
• Knee
• Hip
• Elbow
• Arm
• Leg
• Head
• Neck
• Spine
• Ankle
• Feet
Head injuries also are common. It is possible to suffer a concussion from a slip and fall. In addition, falls are the fifth leading cause of death for people over the age of 65. In this age group, 40% of the deaths are due to a slip and fall incident.
Older people are most vulnerable because they have more fragile bodies and may lack the balance to regain footing and avoid a fall. They also are at higher risk for a hip fracture, which can lead to long-term disability.

Proving Premises Liability

Your San Diego premises liability attorney will need to build a case that will show the court who is liable for your slip and fall injuries and why. The court will consider many factors surrounding the property.

The court will look at the likelihood that an injury would occur because of the property location and the type of hazard. It will consider the seriousness of the harm that could potentially come from a hazard and the extent of control the owner has over fixing or removing it. It will also consider how difficult it is for the owner to keep people away from the hazard.

You will have to prove that the owner had knowledge or should have had knowledge about the hazard that caused your injury. You also have to prove that the owner owed you the duty of care to keep your safe and that the injury occurred due to the lack of duty of care on the part of the property owner.

You can bring a case against anyone who has control over a property and who would have the responsibility to keep it in good repair:
• Property owner
• Renter
• Property management company
• Landlord

Proving your case may involve your lawyer calling in witnesses to testify about the incident or the state of the property. You can also show photographs of the property and the specific hazardous situation. You may also call expert witnesses to help your case.
You will have to make sure that you show the court that the property owner was negligent in keeping his or her property in good repair and, as a result, you suffered an injury. You may also have to provide information about the extent of your injuries and the impact they have had on your life so that the court can figure damages.

Possible Compensation

The damages you may receive from a premises liability lawsuit include compensation for all the expenses you have due to the injury. It also includes future expenses. Potential claims include:

• Modifications to a vehicle or home due to injury
• Lost wages
• Medical costs
• Loss of joy of life
• Pain and suffering
• Reduced earning capacity
• Rehabilitation costs
• Permanent injuries
• Scarring or disfigurement
• Loss of earning capacity
• Mental anguish
• Punitive damages

There is also the potential for a wrongful death lawsuit if the incident results in the death of your loved one. In such a case, you may receive compensation for:
• Loss of duties performed by deceased
• Medical expenses
• Loss of income
• Emotional duress
• Funeral costs
• Loss of companionship
• Pain and suffering

You will work with your San Diego premises liability lawyer to determine your damages and the appropriate compensation. Since such injuries can lead to long-term effects, your attorney will be able to help you determine future expenses and continuing issues that you may have and that you want the court to consider when determining the damages.

Seek Help Today

If you or a loved one have suffered an injury due to a slip and fall, do not hesitate to contact a San Diego premises liability attorney today. To speak with a lawyer now, call us at 702-800-3190 or visit our contact page.

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