Gershen Law Office
San Diego Slip and Fall Accident

The Law Office of Michelle Gershen — Trusted San Diego Slip and Fall Injury Firm

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At The Law Office of Michelle Gershen, we understand that a slip and fall accident can change your life in an instant. One moment you’re walking through a store or an apartment complex and the next, you’re facing painful injuries. We have dedicated our practice to standing up for slip and fall victims across San Diego because we believe that negligent property owners should be held accountable for the harm they cause. When businesses and landlords fail to take basic precautions, it’s innocent people who pay the price.

Slip and Fall

Slip and fall accidents are much more common—and much more serious—than many people realize. According to the National Floor Safety Institute (NFSI), falls account for over 8 million emergency room visits each year, making them the number one cause of emergency admissions in the U.S. Right here in San Diego, slip and falls happen in grocery stores, restaurants, shopping centers, apartment complexes, parking garages, hotels, office buildings, and even public sidewalks. The sad truth is, many of these injuries could have been avoided if proper safety measures had been taken—simple things like cleaning up spills, fixing uneven flooring, or posting clear warning signs.

When you work with Michelle Gershen Law, you’re not just hiring a lawyer—you’re gaining a committed advocate who genuinely cares about your recovery and future. We take pride in giving each case the personal attention it deserves, thoroughly investigating the hazardous conditions that led to your fall, documenting your injuries, and dealing directly with insurance companies so you can focus on healing. Whether you’ve suffered broken bones, a head injury, soft tissue damage, or emotional distress from an unexpected fall, our team is here to guide you every step of the way toward justice and full compensation.

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Why You Need Michelle Gershen on Your Side After a Slip and Fall

After a slip and fall accident, life can change fast. Medical bills start arriving, work hours are missed, and insurance companies may pressure you into quick settlements that don’t cover your real needs. Without strong legal representation, it’s easy to be taken advantage of—or lose critical evidence that proves negligence. Slip and fall cases aren’t simple; California law requires you to show that a property owner failed to fix a dangerous condition they knew, or should have known, about.

That’s why you need The Law Office of Michelle Gershen on your side. Michelle personally handles every case with a focus on protecting your rights and maximizing your recovery. From preserving evidence to negotiating fiercely with insurers, we handle the legal battle so you can focus on healing. You deserve an advocate who sees you as more than just a case—and who will fight for the full compensation you need to rebuild your life after an unexpected injury.

Common Causes of Slip and Fall Accidents in San Diego

Slip and fall accidents can happen almost anywhere, but certain hazardous conditions dramatically increase the risk. In California, property owners, business operators, and landlords have a legal obligation to maintain reasonably safe premises for visitors. When they neglect this duty, serious injuries can occur—and innocent people often pay the price. Common causes of slip and fall accidents stem from hazards that could have easily been prevented with proper maintenance, timely repairs, and adequate warning signs. According to the National Safety Council (NSC), falls are one of the leading causes of unintentional injuries across the country, and property owners who ignore safety standards expose visitors to unnecessary harm. Understanding these common hazards can help injured victims identify when negligence played a role in their accident.

Wet and Slippery Surfaces

One of the most frequent causes of slip and fall accidents involves wet or slippery surfaces. In busy areas like supermarkets, restaurants, hotels, and shopping malls around San Diego, spills, mopped floors, or rainwater accumulation create serious dangers—especially when no warning signs are posted.

  • Causes include spills, freshly mopped floors, leaks from refrigeration units, and rain tracked indoors during storms.

  • Property owner duty: Businesses must promptly clean hazards and place clear, visible warning signs (“Caution: Wet Floor”) to prevent accidents.

  • Liability: Failure to address wet surfaces in a reasonable time frame can expose businesses to premises liability claims.

Uneven Surfaces and Poor Flooring

Cracked sidewalks, broken tiles, torn carpeting, and potholes can create trip hazards that easily cause a sudden fall. In busy urban areas like downtown San Diego, aging sidewalks and neglected walkways are common culprits.

  • Examples: Parking lot potholes, lifted sidewalk slabs, loose floorboards, and curled carpet edges.

  • Property owner responsibility: Regular inspections and timely repairs are required under California premises liability law.

  • Injury risk: Trip-and-fall accidents can cause broken bones, head trauma, and spinal injuries, especially among older adults.

Inadequate Lighting

Good lighting is crucial for identifying obstacles, changes in elevation, or hazards along pathways. Poorly lit stairwells, parking structures, apartment corridors, and commercial entrances increase the likelihood of a fall—particularly at night.

  • Common areas affected: Parking garages, stairwells, hallways, and outdoor walkways in shopping centers or apartment complexes.

  • Negligence examples: Burned-out bulbs not replaced, failure to install adequate lighting, or ignoring tenant complaints about poor visibility.

  • Safety duty: Landlords, businesses, and property managers must ensure that all areas accessible to visitors are safely illuminated.

Cluttered Walkways and Obstacles

Blocked aisles, fallen merchandise, electrical cords, loose mats, and scattered debris create dangerous walking environments. Stores, restaurants, and even residential complexes can quickly become hazardous when walkways are not properly maintained.

  • Typical hazards: Stock carts left in aisles, cleaning equipment left unattended, merchandise fallen into walkways.

  • Premises liability: Retailers and building owners are responsible for ensuring that walking paths are clear and safe for public use.

  • Prevention: Regular inspections, employee training, and immediate clean-up are critical to reducing risks and avoiding costly accidents.

Life-Changing Injuries Caused by Slip and Fall Accidents in San Diego

Slip and fall accidents often result in far more serious injuries than many people realize. A single misstep on a wet floor or an uneven sidewalk can lead to weeks, months, or even a lifetime of medical care and financial hardship. According to the Centers for Disease Control and Prevention (CDC), falls are not only the leading cause of traumatic brain injuries but also a leading cause of fractures and hospitalizations across the country. In San Diego, with its dense urban areas, aging infrastructure, and bustling businesses, slip and fall injuries are unfortunately common. At The Law Office of Michelle Gershen, we know how devastating these accidents can be, and we fight to ensure every injured client receives the medical care, financial support, and justice they deserve.

Traumatic Brain Injuries (TBI)

Traumatic brain injuries are among the most catastrophic consequences of a slip and fall accident. When the head strikes the ground, a hard surface, or even a sharp object during a fall, the brain can suffer severe trauma. TBIs are not always immediately obvious—some symptoms may take days or weeks to appear—but even mild brain injuries can profoundly impact a victim’s ability to think, work, and function in everyday life.

A TBI can cause cognitive issues such as memory loss, difficulty concentrating, confusion, and emotional instability. Victims often experience migraines, dizziness, vision changes, and persistent fatigue. More severe TBIs can lead to permanent disabilities, requiring long-term rehabilitation, home modifications, and personal care assistance. Families are also deeply affected, both emotionally and financially, when a loved one suffers a brain injury. Immediate medical evaluation following any head impact is critical, and long-term neurological care may be necessary to maximize recovery potential.

Spinal Cord and Back Injuries

When a person falls onto their back or twists awkwardly during a fall, the spinal column can sustain serious damage. Spinal cord injuries are particularly devastating because they can cause permanent changes in strength, sensation, and bodily function below the site of the injury. Even injuries that do not result in paralysis can still lead to debilitating chronic pain and severely restricted movement.

Back injuries such as herniated discs, compression fractures, and spinal cord contusions often require extensive treatment, including physical therapy, pain management injections, or invasive surgeries like spinal fusions. Victims may experience constant pain, limited mobility, and nerve dysfunction, affecting every part of their lives—from walking and sleeping to working and socializing. In the most severe cases, spinal injuries can lead to partial or complete paralysis, permanently altering a victim’s independence and career opportunities.

Broken Bones and Fractures

Fractures are one of the most immediate and painful injuries sustained in slip and fall accidents. When individuals fall, they often instinctively reach out to catch themselves, leading to broken wrists, arms, or collarbones. Hips, ankles, and knees are also vulnerable to fractures during a forceful impact. Among older adults, a hip fracture from a fall can be especially dangerous, often leading to extended hospitalization, surgery, and even permanent loss of mobility.

Treatment for fractures varies depending on the severity of the break. Simple fractures may heal with immobilization and casting, but complex fractures often require surgical intervention with the placement of rods, plates, or screws. Recovery times can be lengthy, involving weeks or months of physical therapy, lost work time, and lingering pain. In serious cases, victims may never fully regain their pre-accident strength or range of motion, permanently impacting their quality of life and earning capacity.

Soft Tissue Injuries

Soft tissue injuries are often misunderstood or underestimated after a slip and fall accident, but they can be incredibly painful and debilitating. These injuries involve damage to muscles, ligaments, and tendons, including sprains, strains, deep bruises, and tears. Unlike fractures, soft tissue injuries may not show up clearly on X-rays, leading some insurance companies to wrongfully downplay or deny these claims.

Victims with soft tissue injuries often experience swelling, stiffness, reduced range of motion, and chronic pain. Without proper treatment, such injuries can worsen over time, developing into permanent mobility limitations or chronic pain syndromes. Rehabilitation often involves physical therapy, chiropractic care, massage therapy, and long-term pain management. For many, what starts as “just a sprain” can lead to months—or even years—of ongoing treatment and lost physical ability if not properly addressed from the beginning.

Internal Injuries

Internal injuries are a particularly dangerous consequence of slip and fall accidents because they are not always immediately obvious. A hard fall onto the abdomen, ribs, or back can cause internal bleeding or damage to vital organs, including the liver, spleen, kidneys, or lungs. Without rapid diagnosis and treatment, internal injuries can quickly become life-threatening.

Symptoms of internal injuries—such as abdominal pain, dizziness, fainting, or shortness of breath—may be delayed, causing victims to believe they are uninjured immediately after the fall. This delay can worsen the prognosis. Emergency room evaluations, imaging studies (like CT scans), and prompt surgical interventions are often necessary to save lives and minimize long-term damage. Victims who suffer internal trauma often face extended hospital stays, critical care, and permanent organ dysfunction.

The Full Compensation You Deserve After a Slip and Fall Accident in San Diego

Slip and fall accidents often leave victims facing not just painful injuries, but mounting financial burdens as well. California law allows injured individuals to seek full compensation for all the losses they suffer because of someone else’s negligence. At The Law Office of Michelle Gershen, we know that securing fair compensation means more than covering immediate medical bills—it means accounting for long-term recovery costs, lost income, emotional trauma, and future needs. Insurance companies will often try to downplay the value of your claim, but with the right legal strategy, you can recover the full damages you deserve to rebuild your life after a devastating fall.

Medical Expenses

Medical treatment after a slip and fall can be extensive, especially when injuries involve surgeries, hospitalization, or long-term rehabilitation. Victims are entitled to recover compensation for both their current and anticipated future medical costs. Under California Civil Code § 3281, injured parties have the right to seek reimbursement for all financial losses resulting directly from another’s wrongful act or neglect.

Medical damages typically cover emergency room visits, surgeries, diagnostic imaging (such as MRIs and CT scans), physical therapy, prescriptions, home modifications (such as ramps or mobility devices), and ongoing medical care. In serious cases, lifelong treatments like pain management or nursing care must be factored into the compensation demand. Thorough documentation of medical expenses—and expert medical testimony about future care needs—is essential for maximizing recovery.

Lost Wages and Future Loss of Earnings

When a slip and fall injury prevents you from working—temporarily or permanently—you are entitled to recover compensation for your lost wages. Even short-term injuries can lead to significant income disruption, particularly for workers who rely on overtime, tips, or commission-based earnings. More serious injuries, such as spinal cord damage or traumatic brain injuries, may prevent victims from ever returning to their prior occupation.

California law allows victims to recover for both actual lost income and diminished future earning capacity. This includes not only base salary but lost promotions, retirement contributions, bonuses, and professional growth opportunities. Proving future loss of earnings often requires expert analysis from economists and vocational rehabilitation specialists, who can estimate how an injury has permanently reduced a victim’s earning potential.

Pain and Suffering

Pain and suffering compensation addresses the intangible—but very real—harm caused by a slip and fall accident. Physical pain, emotional anguish, trauma, anxiety, depression, and loss of enjoyment of life are all damages that can and should be fully compensated. Unlike medical bills or lost wages, these damages are subjective, making strong legal advocacy crucial to presenting a compelling case.

Pain and suffering damages are influenced by the severity of the injury, the duration of recovery, the permanence of any impairments, and the overall impact on the victim’s daily life. For example, a young adult who can no longer participate in sports or hobbies due to a spinal injury may be entitled to significant compensation for loss of quality of life. Emotional evidence—such as mental health evaluations, family testimony, and personal journals—can be powerful in supporting these claims.

Loss of Consortium

Slip and fall accidents don’t just affect the injured individual—they also impact spouses and family members. California law allows spouses to seek damages for loss of consortium, which compensates for the loss of companionship, affection, intimacy, and support that occurs when a loved one is severely injured.

Loss of consortium damages recognize that a serious injury can fundamentally alter a marriage or partnership. It accounts for the emotional and relational toll injuries take on close family relationships. These damages are especially important in cases involving long-term disabilities, chronic pain, or significant lifestyle changes that place a strain on the relationship.

Contact The Law Office of Michelle Gershen Today for Help with Your Slip and Fall Claim

If you’ve been injured in a slip and fall accident in San Diego, you don’t have to navigate the legal process alone. Insurance companies move quickly to minimize payouts—and without skilled representation, you could be pressured into accepting far less than you truly deserve. At The Law Office of Michelle Gershen, we understand the challenges slip and fall victims face, and we are here to fight for the full compensation you need to recover and move forward with your life.

Michelle Gershen personally handles every case, ensuring that your story is heard, your injuries are fully valued, and your future is protected. From investigating the hazardous conditions that caused your fall to negotiating aggressively with insurance companies, we are committed to delivering the personalized legal support and relentless advocacy you deserve.

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Reviews for Michelle Gershen

Michelle Gershen is a wonderful lawyer. She helped me step by step with my neck injury from a motor vehicle accident. I would highly recommend hiring her if you are in need of a lawyer. If I could give more than five stars I would.

Jenna M.

Personal, professional, responsive! All Attorneys should be like Michelle! She got my case taken care of and helped me when I needed it most. I would highly recommend her to anyone!

Annette M.

She will fight long and hard for your best interest! Michelle is the 3rd attorney I have worked with, and what a relief it was to have landed in her care. She kept me informed every step of the way, was extremely confident, professional, and organized. She is truly exceptional at what she does and it felt like my friend was working for me.

Joseph P.

I was lucky enough to meet Michelle at my last job. I have always found her to be helpful, supportive, and very responsive. Everyone I have referred to Michelle has been extremely pleased with her professionalism and caring demeanor. As a sole practitioner, she has the ability to react quickly when needed, and she is always cost-conscious.

Amy G.

San Diego

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You Have Questions. We Have Answers.

When you schedule your free consultation with personal injury attorney Michelle Gershen in San Diego, it's important to come prepared with specific questions you'd like us to address. Some of the common questions clients ask include:

Our lawyers will review what happened, discuss your injuries, and identify whether someone else should be held liable for compensating you for your losses. We will explain all your legal options and what to expect throughout the claims process.
This is not a question that can be answered at the beginning of your case, especially if you have suffered serious injuries. Our personal injury attorneys will need to calculate the full amount of damages possible in your case over time. This can include payment for all your current and future medical expenses related to your accident, lost wages, diminished earning capacity for the future, pain and suffering, loss of enjoyment of life, and other damages.
There are different reasons why injured accident victims may not seek help from an experienced personal injury lawyer, including concerns about the cost. The good news is that many people end up with significantly more in their pockets when they have the right legal representation. Unlike many other types of lawyers, most personal injury lawyers do not bill you for litigation costs or hourly fees during your case. Your case evaluation is free, and we only get paid if we successfully get a settlement or verdict for you. Our fees come directly from your payout, which means you never have to pay anything out of pocket during your case.
Experience matters when it comes to injury-related claims. Michelle Gershen has been successfully representing accident victims and their families in San Diego for years, handling a wide range of complex personal injury cases with skill and dedication.
Some personal injury lawyers don’t regularly handle cases involving severe injuries or complex accidents. However, Michelle Gershen has built a strong reputation in San Diego for her extensive experience with a wide variety of cases, including those involving catastrophic injuries and high-stakes accidents.
It is not always possible to resolve every personal injury case directly with the insurance company. Although we are able to settle many claims for the full amount, our experienced litigators are always prepared to file a lawsuit and argue your case at trial on your behalf. We are not a “settlement mill” law firm that pushes every client to accept quick settlements, even if they are too low. Our goal is to obtain maximum compensation for you, and that means going to battle in court whenever it’s necessary.
We work on a contingency fee arrangement, where you only pay us attorney fees if we recover money for you. Then, our fees come as a percentage of your compensation. We find that this arrangement benefits our clients because they never pay out of pocket, and they can trust that we are fighting for the maximum compensation they deserve because our own payment depends on it.
Yes, when you work with Michelle Gershen, the experienced attorney you meet with during your initial consultation is the one who will personally handle your case from start to finish. You won’t be handed off to a paralegal, case manager, or shuffled between different associates—Michelle provides dedicated, consistent, and reliable representation every step of the way.