SAN FRANCISCO SLIP AND FALL ATTORNEY

When establishing fault (liability) in a premises liability case, or most personal injury matters in general, four key elements come into play. They include duty, breach, injury, and damages.

Under the element of 'duty', your attorney will establish whether the other party owed you a duty of care. In other words, did they have a legal responsibility to maintain a safe environment for visitors or customers? If so, then they owed this duty.

The extent of 'duty' depends on your status as a visitor. Under premises liability law, the plaintiff can either be an invitee, licensee, or trespasser. Each category carries different levels of duty owed.

Once the duty of care is established, you'll also need to prove a breach of that duty. This entails showing that the other party failed to take reasonable precautions to prevent potential hazards or unsafe conditions on their premises.  

Next, you must prove that you sustained an injury or harm while on the premises due to the defendant's breach of duty. 

Finally, you need to demonstrate that the breach of duty caused actual damages to you or a loved one. More on that below.

In a typical premises liability case, some common injuries may include: 

• Fractures, sprains, or head injuries.
• Broken bones, cuts, or bruises.
• Spinal injuries 
• Limb injuries
• Burn injuries
• Wrongful death

If you or a loved one has sustained serious injuries on someone else's property, you should have your case evaluated by an experienced attorney.

In San Francisco and California as a whole, you have a period of two years from the date of the injury to file a lawsuit. If you fail to start legal action within this timeframe, your case may be dismissed, and you may be unable to recover compensation for your injuries.

The two-year deadline, also known as the statute of limitations, starts to run from the date of the injury or when the injury was discovered or should have reasonably been discovered. This allows for situations where injuries may not be immediately apparent, such as health issues resulting from toxic exposure at someone else's property. 

California also has some exceptions to this deadline. In cases where the injured person is under the age of 18 at the time of the incident, the statute of limitations is usually tolled or "paused." In layman's language, the clock does not start to count until they reach the age of 18. Once they turn 18, they will have two years from that point to file a lawsuit for their premises liability claim.

Yes, you may be able to bring legal action against a government entity. However, you must file this claim within six months from the date of the injury or risk losing your right to do so. 

If you win a premises liability case in California, you may be able to recover economic and noneconomic damages. These include the likes of medical expenses, lost wages, pain and suffering, emotional distress, and loss of enjoyment of life. Additionally, in certain cases involving egregious conduct by the property owner or any other liable party, punitive damages may be awarded to punish the defendant and warn others in similar situations of such conduct. That said, there is no predetermined set of damages in these cases; the specific damages you can recover will depend on the unique circumstances of your case.

Yes, you may be able to. That's because California follows the pure comparative negligence law to determine liability and allocate damages when multiple parties are found to be at fault for an accident or injury. Under this legal doctrine, the amount of compensation you may be entitled to is reduced by your percentage of fault. That means you can still recover damages even if found to be 99% at fault. 

Most premises liability attorneys work on a contingency basis, meaning you only get to pay them if they win the case, not before taking on your case. So, yes, you shouldn't be too worried about not being able to afford an attorney since there are no costs involved unless you win. And if you do win, the attorney's fee will come from the liable party or their insurer, not your own pocket.

At Morgan and Morgan, we have an army of over 1,000 lawyers who can handle different types of claims, including those involving injuries sustained on someone's property. Whether it's a slip or fall, swimming pool accident, dog bite, assault, or anything in between, we may be able to get you the compensation you deserve. Contact us today for a free case evaluation.