Slip & Fall Attorney Client Results
Successful Slip and Fall Settlement in San Diego: A Detailed Cases Study
Phillips and Pelly injury lawyers are San Diego Slip and Fall attorneys who get results ! Explore a successful slip and fall settlement in San Diego, an actual case history and result. Learn about the complexities of premises liability law through this detailed case study.
The incident occurred early one morning when our client visited a commercial establishment in San Diego. A hidden hazard lurked on the premises – a slick layer of mold and mildew on the walkway, a result of persistent overspraying by water sprinklers. The early morning shadows concealed this danger, making it almost invisible. Tragically, our client slipped on this slick surface, leading to a severe knee injury that required surgery.
The defense claimed that overspray was a normal occurrence, that management did not know about the overspray and that if anything, they were guilty of ‘wasting water”, thereby downplaying the severity of their negligence.
Understanding Slip & Fall Law In California:
Many people think that if you fall on someone else’s property and are injured, that the landowner automatically pays. This is not the case. In California, in order to prevail in a slip and fall case, it is necessary for the attorney to prove on behalf of his client that 1) there was a hazard or dangerous condition, 2) the hazard or dangerous condition caused a slip and fall and 3) the landowner “knew” or “should have known” about the hazardous condition and failed to take remedial action or warn of the hazard. CACI No. 1011. Constructive Notice Regarding Dangerous Conditions on Property :: California Civil Jury Instructions (CACI) (2023) :: Justia It is also necessary to show that injuries were caused by the fall to calculate ‘damages”.
To prove a landowner “knew” of a dangerous condition, the plaintiff attorney must prove actual knowledge. This is most commonly proven by finding evidence of prior complaints about the condition, internal documents mentioning the condition, an employee actually creating the condition and leaving it or an admission by a defendant employee that they or the landowner or an employee actually did know about the condition, but just never warned or made repairs.
To prove a landowner ‘should have known’ about a dangerous condition, this is most commonly proven by the slip and fall attorney when they show through the evidence that a condition existed for an unreasonably long period of time but the landowner failed to make reasonable inspections and find/correct the condition. In the case of commercial property or apartment complex property, the owner has an obligation to perform routine inspections to find and correct defects on the property. I many slip and fall or trip and fall cases the plaintiff lawyer will depose management employees to determine exactly who performed property inspections, how frequently and if they corrected defects on the property.
Building The Case
In our client’s case, we meticulously gathered the evidence through the discovery process. Despite the defense attorney’s best efforts, we were able to find out that the sprinkler overspray had been so prevalent over a long period of time that the Janitor has actually made it part of her morning routine to put up a warning cone and mop the sidewalk. The officers of the company also testified in their deposition that the overspray was below the industry standard of care. Attorney Jennifer Nelson also uncovered that the company had known that the sprinklers were a problem in that area and had made changes after our clients fall, among other things.
After extensive litigation, the case concluded with a $175,000 settlement in favor of our client. This result not only provided significant compensation for our client but also underscored the skill and tenacity of Attorney Jennifer Nelson and the Phillips & Pelly team.
If you’re facing a similar situation in San Diego, reach out to Phillips & Pelly slip and fall attorneys for a Free Consultation. Our experienced team, known for their approachability and expertise, operates on a ‘No Win, No Fee’ basis, ensuring that your rights are protected without any upfront financial burden. To learn more about our Free Slip and Fall Injury Consultation, visit our Slip and Fall Injury page at Slip and Fall Accidents | Phillips & Pelly (sdinjury.com)