Catastrophic Slip and Fall Injuries in San Diego Stores, Apartments, and Hotels

Property owners have a legal obligation to keep their premises safe for visitors. If someone is injured in a store, apartment, or hotel, the property owner may be held responsible under premises liability law. Depending on the circumstances of the fall, the injured party may share some liability with the property owner under the comparative negligence principle. Your slip and fall attorney can help you build a case that allows you to secure the compensation you need after sustaining a catastrophic injury.

What Is Premises Liability Law?

California Civil Code 1714 states that property owners have the responsibility of “ordinary care” to keep their property safe for visitors. If a person is injured on a property because the owner failed in their duty of care, the injured person can file a personal injury claim. Property owners must manage repairs, warning signs, and potential hazards as soon as possible. If the victim can prove that their injury resulted from negligence, they can pursue compensation through a settlement or, if needed, take the case to court.

When Are Injuries Classified as Catastrophic?

When we discuss catastrophic injuries in a personal injury law context, it refers to physical harm that causes long-term or permanent impairments. For example, let’s say that a shopper trips over exposed wires and hits their head. The fall causes a traumatic brain injury that permanently affects cognition, behavior, and memory. This injury is considered catastrophic because the victim will face a lifetime of related complications and challenges.

Catastrophic injuries typically have a higher case value due to the cost of medical treatment, ongoing rehabilitation, assistive devices, and lost wages, which can cause lifelong financial difficulties. Additionally, the psychological toll on the victim and their family can be life-altering as there is a drastic shift in the roles and responsibilities in a home. Legal support is vital for catastrophic injury victims to recover fair compensation that accounts for all their damages.

How Is Liability Proven in Slip and Fall Cases in California?

Properties such as grocery stores, shopping malls, and hotels attract thousands of people each month. Depending on the size of an apartment building, there may be hundreds of residents all sharing common areas. Due to the high volume of foot traffic, property owners must be aware of any hazards that arise to ensure their guests’ safety. Store owners are expected to check their aisles at least once a day to ensure there isn’t anything that could harm shoppers.

Under California’s CACI No. 1011, a jury can determine liability if they decide that the property owner had sufficient time to discover the hazard and repair it, protect against harm from the hazard, or adequately warn visitors. Constructive notice means that the hazard existed for long enough that a property owner acting with ordinary care should have discovered it. Attorneys prove negligence by looking into maintenance logs, surveillance footage, and employee schedules.

The property owner’s insurance provider or defense attorney may argue that the hazard was open and obvious, and that the victim should have seen it and avoided it. Then we can argue that if the hazard was open and obvious, the store owner should have known about it and repaired it. Working with a personal injury attorney can help you demonstrate negligence and maximize your compensation payout even if insurers try to lowball you.

Can Apartment and Hotel Owners Be Held Liable for Slip and Fall Injuries?

Apartment landlords and hotel owners have a legal duty to maintain common areas, including walkways, stairwells, courtyards, parking garages, and laundry facilities. When it comes to hotels, the requirements are even stricter as they are also responsible for maintaining every room. Residents and guests can suffer catastrophic slip-and-fall injuries due to loose handrails, burnt-out lights in passageways and stairways, and uneven steps.

If an apartment or hotel has any hazards that violate California building safety codes, establishing liability becomes significantly easier. Renters often fear filing a claim against their landlord, fearing retaliation or eviction. California Civil Code Section 1942.5 prohibits landlords from retaliating against tenants who exercise their right to file a complaint with the appropriate agency. If you are being threatened, your attorney can advise you on the next steps.

Do I Need an Attorney Who Specializes in Slip and Fall Injuries?

Recovering from a catastrophic injury while trying to understand premises liability law, personal injury law, and the process of filing a claim can be overwhelming. At HHJ Trial Attorneys, our award-winning team has recovered tens of millions of dollars for injured victims. Our dedication to thorough investigations and our willingness to go to trial make us passionate advocates who can help you navigate a difficult situation. Contact us to schedule a consultation today.