I slipped and fell on some water/oil that was leaking from a car at a car rental facility by the airport in san diego calif. i was a customer returning a car and walking through the parking lot I slipped.. I hurt myself and went to the ER a day or two later in Mass after the pain was so much I couldn't bear it. How do I ensure that the responsible party pays for my health expense and do I have a claim? Thank you
You almost assuredly have a claim against the rental car facility if it was negligent. If so, the company would not only be responsible for your medical bills, but also for your pain and suffering. My advice is to contact an attorney licensed in San Diego and review the facts of the accident with him/her. You can find an attorney on this AVVO site.
My firm handles a very large number of these types of cases all over California every year.
I assume you reported this accident to the car rental agency. If not you need to. After that call a slip and fall expert such as myself ASAP. Do not do anything more than report the accident to the defendant because anything you say can be used against you.
The next major thing for you to do is to call me or someone like me ASAP. I can be reached 7 days a week, 24 hours a day at 800-816-1529, ext. 1. I happen to be on call this week.
You can read about these cases on my website at: http://thepersonalinjury.com/practice-areas/sli...
I look forward to hearing from you.
Sorry you were injured, I hope you are doing better. Make sure to save any photos you may have of the area on your cell phone or camera, any reports from the rental agency or police, ambulance, and write out a statement for your lawyer of all the details of the accident, names, addresses and phone numbers of any witnesses, keep track of your mileage to and from all your medical providers, the dates and types of treatments, and how you are doing, time missed from work due to injuries or medical treatments, and a calendar of activities that you are able and unable to do as a result of the accident. You will be entitled to damages for pain and suffering, reasonable past and future medical expenses, past and future lost earnings, loss of earning capacity, any property damage (torn clothes or lost jewlery, etc.) and mileage to and from medical providers.
This a potential premises liability case against the rental car agency and owner of the property. Whether there is liability will depend on a number of factors, including whether the rental car agency and property owner had either actual or constructive notice of the condition a sufficient time prior to the accident in order to correct it or post suffient warnings, whether you were using due care at the time to look out for your own safety, including potential hazards. I have done both plaintiff and defense cases, including slip and fall for over 30 years. These cases have included private and public entities, as well as individuals. If you would like a free consultation without obligation, please give me a call at 619-980-9700. Good Luck.
Slip-and-fall cases are tough to settle adequately or win in litigation. Expect the premises owner, lessee, and maintenance folks to dispute your claim as to the existence, nature, danger, and duration of the condition, dispute your attentiveness during the incident, and dispute, minimize, and pin on other causes your injuries and losses. If you are going to seldom be in San Diego it will be hard to justify the headache and expense of long-distance pursuit of your claim unless your damages are substantial. I fear that the offending vehicle at the rental lot was there too short a time for the leak to be noticed and remedied. You had better marshal your evidence (including your recollections). There may be no-fault insurance on the premises (and you may have some of your own) to cover some/all of your medical expenses. Good luck.
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