The law mandates that landowners and occupiers maintain their premises in a reasonably safe manner to prevent accidents. If you were injured while on someone else’s property, you may be entitled to compensation. At The Law Office of Jared J. Drucker, we understand the significant impact a slip and fall accident can have on your life. Based in San Diego and serving clients throughout California, our personal injury firm dedicates itself to providing personalized, compassionate, and effective legal representation. Let’s get in touch, and we’ll help you navigate the legal process to secure the compensation you deserve. Contact us today for your free consultation.
Why Jared J. Drucker is the Right Choice for Your Slip and Fall Claim
When it comes to slip and fall claims, having the right attorney by your side can make all the difference. Here’s why Jared J. Drucker is the ideal choice for handling your case:
- Proven Experience in Slip and Fall Claims: Jared J. Drucker has a proven track record of successfully handling slip and fall cases. His understanding of premises liability law allows him to effectively face these claims. One notable case involved a client who slipped on melted ice cream at a Sam’s Club, aggravating prior back injuries. Jared secured a $145,000.00 settlement, demonstrating his ability to achieve favorable outcomes.
- Personalized Attention: At The Law Office of Jared J. Drucker, APC, each client receives individualized attention. As a smaller private practice, we have the advantage of giving our clients the focused, dedicated representation they deserve.
- Clear and Transparent Communication: Our firm places an emphasis on maintaining clear, open communication with our clients. We will make sure you are fully informed about every aspect of your case.
- Aggressive Advocacy: Jared is committed to fighting tirelessly on your behalf. Whether negotiating with insurance companies or representing you in court, he advocates aggressively to secure the compensation you deserve for medical expenses, lost wages, and pain and suffering.
What Is a Slip and Fall?
Slip and fall refers to a person who suffers injuries as a result of slipping, tripping, or otherwise losing traction. It becomes a liability when that accident occurs as a result of another party’s negligence, such as creating unsafe conditions that allow for the incident to occur.
Slip and fall accidents can occur:
- In private homes
- Government buildings and offices
- Schools
- Workplaces
- Nursing homes
- Retail locations
- Restaurants
- Construction sites
In order to prove that a slip and fall accident took place, you must show that the property owner or person overseeing the property knew of a risk and failed to care for it. You must prove the elements of negligence, which include:
- Duty of Care: You must show that you have the right to expect that the area is safe and you are legally on the property.
- Breach of Duty of Care: The property owner or responsible party did something that caused a breach of the duty of care or failed to do something to prevent or warn you of it.
- Cause: You must show that the accident you suffered is directly due to that breach of duty of care.
- Damages: You must then demonstrate that the injuries caused you financial loss and other damages.
If your accident fits these areas, it is critical to hire an attorney who can fight for you to recover those damages. We would be happy to answer your questions about a slip and fall case.
Common Causes of Slip and Fall Accidents in San Diego
Some of the most common causes of slip and fall accidents in San Diego include:
- Unsafe surfaces due to holes or unlevel areas
- Wet surfaces
- Lack of warning about unsafe surfaces
- Tripping hazards due to poor lighting
- Tripping hazards due to clutter
- Loose mats or flooring
- Potholes
- Broken or missing handrails on steps
- Dangerous stairs
While these examples of slip and fall accidents in San Diego may not include what happened to you, our attorney is available to discuss your case openly.
How Legal Representation Can Help with Your Slip and Fall Claim
Facing a slip and fall claim can be challenging without professional legal assistance. Here’s how the professional representation of Jared J. Drucker can make a crucial difference in your case:
- Thorough Investigation and Gathering Evidence: Our team at The Law Office of Jared J. Drucker will conduct a comprehensive investigation, gathering essential evidence such as surveillance footage, witness statements, and maintenance records to strengthen your claim.
- Accurate Damage Assessment: Jared J. Drucker will accurately assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and future rehabilitation costs, to get you the maximum compensation you are entitled to.
- Negotiation with Insurance Companies: Insurance companies often aim to minimize payouts. Jared J. Drucker has a background in litigation and knows how to effectively negotiate with insurers. If your case goes to trial, he is ready to present your case compellingly, counter-defense arguments, and work to achieve the best possible outcome.
- Reducing Stress and Uncertainty: Dealing with the aftermath of a slip and fall accident is stressful. Let us handle all legal aspects of your claim, allowing you to focus on recovery while knowing your case is in capable hands.
Establishing Liability Through the Duty of Care in Slip and Fall Claims
In California, property owners, landlords, and occupiers have a legal duty to maintain their premises in a safe condition to prevent accidents.
California Civil Code §1714 provides the following:
“(a) Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself. The design, distribution, or marketing of firearms and ammunition is not exempt from the duty to use ordinary care and skill required by this section. The Title on Compensatory Relief defines the extent of liability in these cases.
What this means is that property owners have a duty of care as owners, whether the property is a private residence, commercial establishment, or public space. The obligation is based on the premise that those in control of a property are in the best position to prevent hazards that could cause harm to visitors.
Elements of a Slip and Fall Claim
To establish liability in a slip and fall case, the injured party must prove the following elements:
- Dangerous Condition: There was a hazardous condition on the property that presented an unreasonable risk of harm. Examples include wet floors, broken steps, uneven pavement, or debris on walkways.
- Knowledge: The property owner or occupier knew or should have known about the dangerous condition. This can be established by showing that the hazardous condition existed for a long enough period that the owner or occupier should have discovered it through reasonable inspection.
- Failure to Repair or Warn: The property owner or occupier failed to take reasonable steps to repair the condition or provide adequate warning. Reasonable steps might include fixing the hazard, placing warning signs, or blocking off the area until repairs occur.
- Injury Result: The dangerous condition directly caused the injury. The injured party must demonstrate that their injuries were a direct result of the hazardous condition and not due to their own negligence or other unrelated factors.
How Long Do I Have to File a Slip and Fall Claim in California?
We encourage you to act now. Under California law, you have two years from the date of the slip and fall accident to file a lawsuit against the at-fault party. If you wait beyond this statute of limitations, you may be unable to recover the damages owed to you, and that could be an expensive mistake.
Attorney Jared J. Drucker has helped many people recover damages in such cases, including a recent slip and fall case that awarded $145,000 to a victim with a prior back injury who slipped on melted ice cream. Do not wait; instead, contact us for immediate help starting your process.
Contact Jared J. Drucker For Your Slip and Fall Claim Today
If you have injuries from a slip and fall accident, it’s crucial to have a dedicated and experienced attorney on your side. At The Law Office of Jared J. Drucker, we are committed to providing personalized, compassionate, and effective legal representation to help you secure the compensation you deserve. Here’s why you should reach out to us. Jared J. Drucker has extensive experience handling slip and fall cases and a deep understanding of premises liability law. Don’t wait to get the help you need.
Contact The Law Office of Jared J. Drucker today for your free consultation. Let us handle your case and help you secure the compensation you deserve. We are here to guide you through it and help you along the way.