Premises Liability & Slip and Fall FAQs

In our practice, fall injuries involving the ankle, the wrist, the elbow, and the hip most frequently require Open Reduction Internal Fixation. These falls commonly occur from unsafe walking surfaces such as cracked, broken or irregular sidewalks, unsafe steps, handicapped ramps and water and other material left on floors.

A fracture is a break in the bone, it might be a stress fracture which is a crack in the bone or it could be a complete break where the bones may shift out of place or break the skin. Broken ankles are often caused by a fall, an injury or a car accident. Symptoms that one or more of the three bones that make up the ankle may be fractured are: swelling, bruising, tenderness, severe pain in the ankle, inability to bear weight, and a deformity in the joint.

While the circumstances are different in every case, here are some guidelines of what generally must be done. You should be sure to take good, clear photographs of the defect which caused your fall as well as the surrounding area putting the defect in perspective. If emergency medical personnel were not called to the scene at the time you fell and you do not know if the property owner was put on notice of your fall, you should report the fact to them. If you report it in person, get the name of the person taking the information. When you go to the hospital or doctor be very precise in what you say about how you were injured and make certain they take down your description accurately. A mistake in the medical record describing what caused your fall can seriously hurt your case.

Slip and fall accidents at swimming pools are common due to the wet surfaces in most facilities. However, every case is unique and requires individualized attention in concluding if the potential for a viable case is present. Various factors to consider would be if the facility failed to provide a non-slip surface around the pool or neglected to use a pool drain cover to prevent entrapment. Such aspects allude to the fact that your child’s injury could or should have been prevented if the property owner took appropriate precautions. Therefore, you may be entitled to receive compensation. However, in such cases it is necessary to prove the negligence of the property owners.

The Rubinstein Law Group is located in San Marcos, California and serves clients in San Diego County, Orange County, San Bernardino County, Riverside County, Kern County, Ventura County and Los Angeles County. Our law firm also takes cases in: Oceanside, Vista, Escondido, San Marcos, Carlsbad. Call 760.804.2790 if you need a San Marcos premises liability attorney, or have a case in Southern California. We can come to you.