Most of us have heard about slip and fall accidents that can occur on someone else’s property. These types of falls often cause painful and serious injuries that can range from cuts and bruises to sprains, torn ligaments, broken bones, head injuries, and more. What often is not understood about these types of accidents is that they may fall under premises liability laws that are based on negligence and that can lead to rightful compensation to the accident victim.
California Civil Code 1714(a) describes the basis of premises liability in the following manner: “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person. . .” This places responsibility on property owners who fail to take “ordinary” care or skill in managing their property which then leads to the injury of others.
Contact US Legal Group, APC at (714) 266-3277 if you believe your injuries were caused by the negligence or wrongdoing of another. Serving the counties of Orange and Los Angeles.
Premises Liability Cases in California
Just because you fell on someone else’s property and sustained injuries does not automatically qualify you for personal injury compensation. You will, as the plaintiff, have to prove several things to be successful in your claim or lawsuit. First, you will have to demonstrate that the person or entity involved actually owned or controlled the property and was negligent in maintaining the property with ordinary care or skill. Then you will have to prove that you were injured and that the property owner’s negligence played a major role in causing that injury.
While the above may sound simple, it isn’t always easy. Property owners are considered to owe lawful visitors to their property a “duty of care” that is reasonable and would be provided by other reasonable owners under circumstances similar to the ones you were involved in. This can be based on whether a safety hazard or defect existed on the property and whether the owner or manager knew about it or should have known about it. In cases where the defect was known and the property owner or manager failed to remedy the situation in a timely manner or warn others about it until it could be remedied, it may constitute negligence. However, the circumstances will have to be thoroughly investigated to determine if this was the case.
Examples of safety hazards that could lead to a valid personal injury claim could include:
- Wet, slippery, or oily floors from spills
- Debris in aisles or corridors or objects falling from high places (as in a warehouse)
- Cables and cords that are not covered resulting in trips and falls
- Railings that are loose, rickety, or improperly constructed
- Floors that are uneven
- Broken tiles or cracked sidewalks
- Poor or broken lighting in hallways, corridors, pathways, or other walkways
- Negligent security in parking structures, arenas, or other venues where crowds gather
- Dog attacks
Premises liability cases can take place on all kinds of public and private property under a wide variety of circumstances. These are often complicated cases that require the knowledge and skills of an attorney who can advise you on your legal position and the options available to you.
How US Legal Group, APC Can Assist
Our firm handles various types of personal injury claims and can provide the guidance you need if you have been harmed due to the negligence of another. We are committed to helping those individuals in these types of situations occurring in the counties of Orange and Los Angeles. We can ensure that you understand the nature of your case, its issues, possible outcomes, and your options in terms of proceeding forward. Our skilled legal team will do an investigation into the circumstances of your case so as to create a personalized and optimum strategy for success.
Reach out to us at (714) 266-3277 for legal assistance today. Your initial consultation is free.