You Most Likely
Have Two Years
To File a Premises Liability Claim
Most personal injury claims—including those relating to premises liability and slip and fall accidents—must be filed within two years of the injury. If you suffered a fall accident on government property, such as a post office or a courthouse, other laws apply. In either case, the surest way to achieve justice and collect what you are owed is to contact a personal injury attorney as soon as possible.
When you and your family are dealing with the aftermath of a slip and fall injury, two years can pass quickly. Meanwhile, building a case only becomes more of a challenge as evidence becomes more difficult to collect. Landay Roberts LLP is a firm of problem solvers who happen to be lawyers. Put our skills to work for you—contact us today for a free consultation.
If we move forward with your slip and fall case, you owe us absolutely nothing unless we collect a settlement or jury award for you.
Compensation Can Be Substantial In a Fall Case
Many states limit the amount of compensation available in a personal injury or wrongful death case. However, California does not. This means that the right personal injury lawyer can obtain a truly life-changing verdict or settlement on your behalf. Losses you can be compensated for in a slip and fall accident include:
- Physical Pain
- Mental Anguish
- Property Damage
- Medical Bills
- Lost Wages
- Reduced Earnings
What If I'm Partially At Fault?
Another aspect of California law that can be beneficial to victims of slip and fall accidents is its use of pure comparative negligence. This framework allows victims to receive compensation even if they were partially responsible for their slip and fall accident. Pure comparative negligence laws distribute compensation proportionally based on how responsible each party is for a fall accident.
If you are found to be 10% responsible for the fall accident, you can be compensated for 90% of the total losses. Similarly, if you are found 40% responsible, you can only receive 60% of the total losses.
Hiring San Diego slip and fall lawyers who can illustrate exactly how much responsibility each party carries is paramount.
Great Praise from a Pleased Client
"Mr. Landay assisted my dad and I with a case a couple years ago and we have not forgotten about this man. He was very thorough, direct, and helpful throughout the entire process. My dad doesn’t tend to trust many attorneys, but ended up trusting Mr. Landay due to the professionalism we experienced from him." Melvin
Request Our Help
The team at our attorneys' office in San Diego, CA, is here to help you and your family in the wake of a slip and fall accident. We pride ourselves on being transparent with clients and making every attempt to meet their goals. We will assess your case free of charge and draw upon our decades in practice to evaluate your prospects.
If we move forward with your slip and fall case, you owe us absolutely nothing unless we collect a settlement or jury award for you. All you need to do is start the process by reaching out to us. Request a consultation using our form or call
(619) 230-5712
We pride ourselves on being transparent with clients and making every attempt to meet their goals.
Meet Our Accident Attorneys
John K. Landay
Mr. Landay has been practicing law since 2007. The first six years of his career were spent honing his skills at a nationally renowned San Diego business attorney's office. He has represented Fortune 500 companies in business law cases and many individuals in personal injury lawsuits.
Malcolm B. Roberts
Since he began practicing law in 2006, Mr. Roberts has earned many impressive accolades. He is a two-time recipient of the San Diego Business Journal's Best of the Bar honor. Mr. Roberts is also a proud member of the American Association for Justice®.
Our Accident Attorneys Are Certified Super Lawyers
Both Mr. Landay and Mr. Roberts have been named Super Lawyers®. This distinction is only earned after the successful passage of a comprehensive 12-step evaluation. A maximum of 5% of attorneys in California can be named Super Lawyers.
The Three Essential Elements of a Successful Slip and Fall Case
The property owner had a responsibility to minimize your risk of injury.
This is also known as a duty of safety. If you had a legal right to be on the property, the property owner is obligated to take measures that would minimize the risk of a fall. For example, if you entered a restaurant during their regular business hours, or if you were invited onto someone's private property, the property owner owed you a duty of safety. In some cases, the property owner may owe a duty of safety to those who are trespassing.
Your injury was caused by the property owner.
This could refer to the property owner's action (such as stretching an extension cord across a walkway, creating a dangerous condition that could cause you to trip) or inaction (such as failing to repair loose carpet that could cause someone to trip). However, if you were walking while sending a text, failed to see a clearly marked set of stairs, and suffered a subsequent fall accident, your injuries would likely be considered your own fault.
Your losses are worth money.
In other words, the physical injury, property damage, and other losses can be assigned a monetary value that you could pursue in the form of damages through a personal injury lawsuit. This is typically as simple as presenting your resulting medical bills, calculating the amount of wages you lost by being able to work, or evaluating jewelry or other personal property that was damaged in the fall accident.
Act Now
Did you suffer a fall accident on someone else's property due to a liquid spill or other dangerous condition? Contact our fall lawyers as soon as possible so we can meet your deadline and begin working on your case. Call (619) 230-5712 or send us a message to request your free consultation.
Keeping Pools and Other Dangers Inaccessible to Children
Swimming pools are just one example of an attractive nuisance, which is anything that might entice a young child to enter a private property and face a risk of injury. Property owners have a responsibility to place fencing and take other measures to make an attractive nuisance inaccessible to a child. Although the child is trespassing, the courts decide on a case-by-case basis whether the child is old enough to know better than to enter private property.
If your child was injured because they were able to access a pool, trampoline, or other potential hazard on someone else's property, Landay Roberts LLP can protect your rights. Our fall accident lawyers can identify how the property owner failed to uphold their duty of safety to your child so that you can collect compensation for medical expenses and other losses.
Trespassers Have Rights
Two Instances In Which Property Owners
Owe Trespassers a Duty of Safety
It was unclear that the property was private.
If a visitor couldn't tell that they had entered private property, they may have grounds for a claim related to a fall injury suffered on the property. A fall accident lawyer can demonstrate that any reasonable person could have made the same mistake, and that the property owner should be held responsible for the injured visitor's losses.
The trespasser was injured in a trap.
Although it is illegal to knowingly enter private property without permission, this does not give the property owner the right to set up traps or other devices intended to harm a trespasser. The injured party's illegal activity paired with the potential negligence of a property owner make these cases especially complex, making a personal injury lawyer's involvement essential.
You Can Help Our Fall Attorneys
Save Any Evidence
Property owners and their attorneys will argue that you alone are responsible for your slip and fall accident. If you have any photographs, videos, or other documentation of your fall, you should duplicate it on multiple devices and send it to us. Our San Diego fall attorneys know how to identify crucial evidence and persuasively present it to judges and juries.
Get Medical Attention
Some fall victims try and "tough out" their injuries. Failing to seek medical attention can be cited as evidence that you were not really hurt by your slip and fall. Seeing a doctor generates critically important medical records that can be used to bolster your case. A doctor may also find injuries you are currently unaware of.
Let Your Fall Lawyer Handle Communication
The negligent property owner's insurance representatives are not your friend. They often reach out to try and obtain quotes from you that can be used to hurt your case. They may even offer you a quick settlement that can seem like a lot of money now, but doesn't truly cover your losses resulting from your fall injury. Refer all communication to us. Our San Diego attorneys will handle everything.
Landay Roberts LLP is a firm of problem solvers who happen to be lawyers. Put our skills to work for you.