Sometimes a client calls to let us know they would like to open a suit since they fell in a store. While the store owner may be at fault for the injury and the client may be due compensation, this is not always the case. There are certain factors that we will go over with the client to help you understand how personal injury suits work. Here are a few things you need to know:
- The store owner is not responsible for your safety. They are only required by law to provide reasonable care. In other words, an injury in a store is not automatically the owner’s fault.
- Negligence can be proven if the store was not properly inspected a reasonable amount of time before the injury took place. Here’s an example. Let’s say someone breaks a pickle jar in a grocery store. Three minutes later, you slip on the pickling liquid and fall. It’s not really reasonable to expect the store to notice the spill and clean it that quickly. But if it sat there for three hours, you have a much better case for negligence.
- You need facts, not guesses. If you slipped but are not sure what you slipped on, it will be tough to prove it was the store’s fault. They may be able to claim you fell on your own. If you slipped on soapy mop water or tripped over a part of the rug that was frayed, now you know exactly what led to the fall, and it can be traced back to the store.
Help for Your Slip and Fall Accident Case in California
As you can see, it is important to have experienced personal injury attorneys in your corner when you are dealing with a slip and fall case in California. The experienced lawyers at Petrov Law Firm will be happy to help you see if you have a case and to assist you to maximize your settlement. To learn more, call 619-344-0360 today.Read More
When you slip and fall, the first thing you need to do is get the proper medical attention. But while you are waiting for help to arrive and after you have seen a medical professional, here are a few things to think about.
- Document the Conditions – If you slipped on a wet floor with no sign or an obscured wet floor sign, use your smartphone camera to document the conditions. Or maybe you tripped because a sidewalk was not properly maintained or carpeting was worn and rippling. Whatever the cause of the fall, makes sure you can show what the conditions were like.
- Proving Negligence – Once again, this goes back to documenting the conditions. If you had reported the dangerous condition on a previous visit, note when it happened so you can show that there was plenty of time to fix the problem. Take pictures of the current situation so you can show why you didn’t notice the danger today.
- Report the Accident – Report it at the scene of the injury. Report it to the medical professional who tends to your injuries. And be sure to report it to a personal injury lawyer who can help you to build your case.
San Diego’s Personal Injury Attorneys
If you live in the state of California and have experienced a personal injury due to a slip and fall, bring your case to Petrov Law Firm. We can help you to determine if you have a viable case and what losses you can try to gain compensation for. Call 619-344-0360 to get started today.Read More
If you have been injured in a slip and fall accident, you may want to seek compensation for medical bills and other losses. What do you need in order to prove that the injury was the fault of the property owner? Here are three ways to pin an injury on the owner of the property where the slip and fall occurred:
- The property owner or an employee created the conditions that led to the slip and fall accident. For example, if you fell due to a spill, was the spill caused by the owner or one of the owner’s employee’s. If you caused the spill or another guest of the property, the owner might not be at fault.
- The property owner or an employee knew the dangerous circumstances existed but chose not to act. In other words, was there time for the owner or employee to do something about it? If another customer spills something right in front of you and you immediately slip, there was nothing the establishment could have done. If a customer spilled something and an employee walked by, shrugged, and went on break, now the burden may be on the company.
- The dangerous situation is something the property owner or a representative should have known about. For example, if the carpet of a building is clearly uneven due to wear and tear and appears to have been like that for years, it would be tough to make the claim that they didn’t know, even if they only set foot on the property on rare occasions.
Help with Your Slip and Fall Claim in San Diego, California
If you have suffered an injury in a slip and fall accident near San Diego or Chula Vista, contact the personal injury attorneys at Petrov Law Firm. Our experienced team can help you to see if you have a valid case and will fight for you to get the settlement you deserve. Call 619-344-0360 today to get started.Read More
In California there are two primary laws that define settlements or judgments for cases that include a driver using a handheld device. A recent study revealed that at any moment, more than 600,000 people are using a handheld device while driving somewhere in the US. And if any of them gets in an accident while using their phone, the blame for the accident will fall squarely in their lap.
If you were using your cell phone in any way during an accident, you will need a lawyer to defend you and help keep any judgement fairly within the law. Lawyers, police, courts, insurance companies, and the media are vocally critical of drivers who use their phone without a headset. And while the criticism is fair, sometimes those drivers take on a greater share of blame than necessary for the accidents.
To start, many drivers are embarrassed about causing an accident. They feel guilty and are willing to take on the majority of the blame out of a sense of obligation. The insurance companies are more than willing to use these feelings of guilt. Both sides of an insurance claim don’t want lawyers to drive up the cost of the claims; so when a driver is willing to to take blame, the insurance companies don’t protest.
Frequently, the blame is far closer to 50-50. In order to determine the true distribution of blame, you will need a good lawyer to ask some tough questions of the other driver. Instead of letting you be the default reason for an accident, a good lawyer will dig deep and look at other factors such as the other driver’s speed, driving record, and condition of his or her vehicle. Frequently, when a good lawyer analyzes the other driver, blame can be shared more evenly.
Being on your phone without a headset while driving is against the law. And if you caused an accident, you should expect to pay a fine for your choices. However, the financial cost of the accident doesn’t have to fall entirely on your shoulders. Have a good lawyer to help you determine a fair and equitable determination of fault.Read More
When you have a car crash and you are at fault, you absolutely have to call a lawyer. While your insurance company is technically going to represent your interests, the insurance company will always be looking for ways to avoid paying out on the accident. Unless you are a lawyer, don’t try to master the kinds of legal maneuvers that lawyers and insurance companies can make to manipulate a case.
But I thought I had full coverage?
“Full coverage” isn’t an insurance term. It’s a term consumers use, but it doesn’t have any defined meaning inside the insurance industry. Every insurance policy is made up of dozens of options and line items. Very few people tell their insurance agent to activate every option and extend coverages to the max. Those kinds of “full coverage” insurance policies are very expensive.
But I have liability coverage, right?
If you have insurance, you probably have liability coverage. California requires you to carry a minimum of insurance in case the accident is your fault. Unfortunately, that minimum is far below the actual cost of most car accidents. If you only have the minimum liability coverage, you are probably going to spend some of your own hard-earned cash to settle the case.Read More
If you ride your bike on a regular basis, you already know there is a bias against bike riders. And while it’s true that some bike riders don’t share the road well with cars, the vast majority of bike riders are responsible, careful riders.
Frankly, bike riders have to be careful. Regardless of who is right or wrong in any given accident, bike riders have a bigger incentive to be safe riders — their life. In the game of car v. bike, the car is always going to weigh much more than what the bike weighs.
Despite the inherent logic, many drivers and police officers tend to blame bicyclists for accidents. The police are known to go as far as to ignore witness statements that would defame the automobile driver.
If you are on your bike and you are in an accident, call a lawyer! Even when (you think) you are to blame for the accident, sit down and talk to a professional. Many bicyclists feel ashamed and embarrassed when they break the rules of the road and there is an accident.
The laws that govern traffic are complicated, and they change from state to state. Bike riders are responsible for sharing the road, but they are not considered to be moving vehicles. Bike riders are pedestrians and typically fall under pedestrian right-of-way laws.
Pedestrian right-of-way laws are not simple and cannot be summarized in one sentence. However, automobile drivers always have the burden of being conscientious and considerate of anyone walking or riding a bike.
Calling a lawyer is not about trying to take advantage of an accident to get a new bike or get a break from work for a few weeks. A good lawyer will ensure the bias against you as a bike rider does not become additional pain and suffering.
The automobile driver has the benefit of an insurance company on its side. That means lawyers, adjusters, and insurance agents working hard to keep you from suing their client. You deserve at least one lawyer on your side.Read More
In response to a growing number of accidents involving inexperienced drivers talking or texting of their cell phone, the National Transportation Safety Board called for a ban of drivers with learner’s permits or intermediate licenses from using cell phones, pagers or any other electronic device while driving.
We all know too well the dangers associated with young inexperienced drivers on the road. We are disheartened to hear that a recent study showed that wrongful auto deaths of teen drivers rose 20% over the past six months.
It’s just not possible to pay proper attention to the road when looking at a cell phone, and it’s frightening to see people drive similar to someone who has been under the influence of alcohol. In one bad decision, lives can be shattered.
This year, sadly, teen driver deaths have risen, as last year demonstrated a 3% percent increase, ending an eight year reduction. Experts relate the increase in teen auto accident wrongful deaths to a turn-around in the country’s economy.
When a families’ income is higher, they tend to drive more. Other causes include distracted driving will lessen with the passing of a recent law prohibiting texting while driving.
Auto accidents involving teen deaths were not the only related rise in auto accidents. Traffic fatalities are expected to rise approximately 8% the next year. We can only hope that we continue to pass common sense bills, like the texting ban, to get back to reductions in needless deaths.
Using a cell phone when driving is a very risky. Texting while driving is an even higher risk. We now know that cell phone use is a factor in many more crashes than texting. Talk to your teens about the risks. Help your teens stay safe on the road by discussing the life and death consequences of using their cell phone while driving. We urge all drivers to stay alert and drive defensively.Read More