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San Diego Slip and Fall Accident Lawyer

 

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This website will answer your questions about accidents on property.  For specific answers to questions about your case, call or email us today.  You will receive a quick response. 

What do I do first? Protect yourself.

  •  Do not speak with the insurance company.
  •  Hire an attorney.  Immediately. 


Let your attorney speak with the insurance company for you.
Slip and fall cases are the hardest to win, and the easiest to lose. 
Many cases are lost before they begin.  The insurance companies are not on your side.  We are.

What are "premises liability" cases? 


Injuries on property (accidents in restaurants, supermarkets, other people's homes, etc.) are called "premises liability" cases.  Falling objects, slipping on walkways and floors, etc., are common ways people get injured on property.  The most common type of premises liability case is the slip and fall case.

Slip and fall cases are the hardest to win; most lawyers do not accept them.  These cases are undervalued by insurance companies.  Slip and fall victims need an experienced attorney who knows how to win.  The attorney must be a combination of Sherlock Holmes, Sigmund Freud and Arnold Schwarzeneger; in other words, the attorney must be detective, psychiatrist and warrior.   

 

The Notice Requirement.  The injured victim must prove the owner or occupier of the premises knew or should have known about the dangerous condition, and failed to make it safe or warn of the danger.  In some cases, this is simply impossible.  In others, an experienced premises liability attorney will use the rules of discovery to obtain evidence necessary to win the case.  

 

The Comparative Fault Doctrine is followed in California, which means slip and fall victims can be compensated even when they are partly at fault for the injury.  In California, the success rate at trial for plaintiffs in slip and fall cases has increased from less than 40 percent to over 60 percent since the adoption of the comparative fault doctrine. The success rate for settling slip and fall cases without trial is higher.

 

At the Law Offices of Howard Alan Kitay, we welcome premises liability cases of all kinds.  Every case is thoroughly researched and evaluated.  Preparation for trial is the key to obtaining the maximum settlement.  At the Law Offices of Howard Alan Kitay, every case is prepared for trial; as a result, most of our clients receive the best possible settlement without going to trial.