San Diego Slip and Fall Attorney
Why Choose Our Slip and Fall Lawyer in San Diego?
At James S. Iagmin, we understand the devastating impact a slip and fall accident can have on your life. These incidents often result in severe injuries, mounting medical bills, and lost wages. For our elderly clients or those with pre-existing conditions, the consequences can be even more severe.
Don’t let a preventable accident derail your life. Contact our San Diego slip and fall attorney today for a free consultation. Let us help you get the justice and compensation you deserve.
- Our experienced team of slip and fall lawyers in San Diego are here to fight for your rights and the compensation you deserve. We have decades of experience in premises liability cases with a proven track record of successful verdicts and settlements.
- We treat our clients like family and ensure that each one receives personalized attention. We work tirelessly to investigate your accident, gather important evidence, negotiate with insurance companies, and take your case to trial if a fair settlement is not reached.
- We take the time to get to know you and your story so we can understand your goals. We will tailor our services to best meet your legal needs.
San Diego’s unique blend of urban landscapes, coastal attractions, and year-round tourism creates an environment where slip-and-fall accidents frequently happen. If you have been injured from a slip and fall, it’s important to seek help from a San Diego injury lawyer so that you can understand your rights and California’s laws dealing with slip and fall accidents.
Statute of Limitations in San Diego: Time is of the Essence
In California, the clock starts ticking from the moment of your accident. Generally, you have two years from the date of the incident to file a lawsuit. However, if your slip and fall occurred on government property – such as a public park or municipal building – you only have six months to file. It is important to act fast in seeking the advice and counsel of an experienced San Diego slip and fall attorney.
For minors involved in slip and fall accidents, the law is slightly different. The statute of limitations typically doesn’t begin until the child turns 18, giving them more time to pursue legal action. This provision, known as tolling, ensures that young victims aren’t penalized for their inability to file suit while they are still minors.
California law does recognize the “delayed discovery rule.” This exception can extend the filing deadline in cases where the injury or its cause was not immediately apparent. However, relying on this rule can be risky. It is always best to consult with an experienced San Diego slip and fall attorney as soon as possible after an incident.
Premises Liability: The Foundation of Slip and Fall Cases
Most slip-and-fall lawsuits focus on the concept of premises liability. This legal principle holds property owners responsible for maintaining safe conditions for visitors.
California Civil Code 1714 establishes the groundwork for premises liability cases. It states that everyone is responsible for injuries caused by their lack of ordinary care in managing their property. This means property owners must take reasonable steps to identify and address potential hazards.
However, the law also recognizes that visitors have a duty to exercise ordinary care for their own safety. This balance between the property owner’s responsibility and the visitor’s duty of ordinary care plays a large role in determining liability in slip and fall cases.
Establishing Fault in San Diego Slip and Fall Cases
Proving fault in a slip and fall case requires proving that the property owner was negligent. This involves showing that they either knew about a dangerous condition and failed to address it or should have known about it through reasonable inspection and maintenance practices.
What constitutes “reasonable care” can vary widely. For instance, a hotel near the beach might be expected to have more rigorous cleaning protocols to address sand and water tracked into the lobby, compared to an inland office building. We will work to establish how the specific circumstances of your case align with legal standards of care.
Comparative Negligence: Your Role in the Accident
California follows a pure comparative negligence system, which means you can seek compensation even if you were partially at fault for your accident. However, your award will be reduced by your percentage of fault. For example, if you’re found to be 20% responsible for your slip and fall and are awarded $100,000, you would receive $80,000.
This system encourages a thorough examination of all factors contributing to the accident. Your attorney will work to minimize your assigned fault while maximizing the property owner’s liability.
Seeking Legal Representation in San Diego? Contact Our Slip and Fall Attorney Today
Slip-and-fall cases require deep knowledge of the unique challenges of proving premises liability. Our San Diego premises liability attorneys have decades of experience and successful settlements and verdicts in slip and fall cases, including slip and fall claims. He will provide compassionate guidance and will aggressively fight for your right to receive fair compensation for your injuries.
Remember, time is critical in slip-and-fall cases. When you retain James Iagman, you can focus on your recovery knowing that your case is in excellent hands. Contact us today for a free consultation.