Slip and fall lawyer Newport Beach
Get Legal Help From a Premises Liability Attorney
When you go to a public place, you expect it to be safe. Although you make every effort to avoid dangerous situations, the proprietors of the premises you visit also have a duty of reasonable care. That is, they must ensure that all hazards or potential hazards to public safety have been removed or that people are properly warned about them.
If you have been injured at a restaurant, bar, club, park, or any other public venue, you should explore your legal options.
Common Causes of Accidents in Public Places
Even the most careful person can be hurt in an accident in a public place. You may walk into a space that is not properly maintained. Under some circumstances, you may not know about or foresee the potential dangers in such an area. According to official government figures, flooring and floor materials cause nearly two million fall-related injuries every year. Falls are also the number one occupational injury for working persons over the age of 55, they are the second-leading cause of death in the construction industry, and they lead to 15% of accidental deaths in the workplace.
Falls are not the only kind of accidents that occur in public places. The following incidents are also common:
- Wet floors
- Oil spills
- Food debris
- Spilled drinks or liquids
- Ice or snow
- Uneven walking surfaces
- Cracked sidewalks
- Faulty staircases
- Loose carpets
The staff at a restaurant should never be too busy to clean up spilled drinks or dropped food. Hotel employees should never be so overwhelmed that they cannot repair faulty staircases or loose carpets. The owner of a building should not leave walking surfaces uneven or filled with ice and snow just to save time and money—these are the sorts of oversights that can lead to accidents and injury.
Status of the Visitor Affects Liability
Status of the visitor of the property greatly affects whether or not they would get compensation for their injuries.
In a premise liability case, the status of a visitor can fall under three different categories:
An invitee is someone who was invited to visit by the owner of the property. The invitation doesn’t have to be explicit; it can be something implied, like the open doors of a shop. Although you may not have been given a verbal or written invitation, it is implied that once the store’s doors open you are allowed inside. In these circumstances, it is expected that the owner of property would maintain the space so that the average invitee is not at risk while on the property.
Licensees are those who are on the property for non-business or commercial reasons. A prime example of this is someone who is visiting the home of a friend. The owner of the property must let the licensee know if there are any potential risks on the property. For example, if the owner of the property fails to mention that the railing of the stairs is faulty, and that railing gives out and causes the licensee to fall, then the owner is liable for their injuries.
A trespasser is someone who enters another’s property without permission. Since the owner was unaware that someone was going to set foot on their property, they are not liable for any injuries the trespasser suffers.
What Qualifies as a Premises Liability Case?
If you have been injured in a public place, you may question whether the owners of the premises are responsible. Here are some instances in which they can be:
Elevator and escalator accidents
Owners are responsible for ensuring that these modes of indoor transport are safe for people of all ages. Elevators and escalators should be inspected regularly and maintained properly in accordance with regulation.
If you are injured while riding an escalator or elevator, then you should be eligible for compensation.
The campus of the college you attend should be the one place, besides your home, that you should feel safe. The campus administration must be diligent in maintaining the buildings and the grounds of the school. If you were injured in an accident due to negligence, then you can hold them accountable.
Parking lots, shopping malls, and nightclubs are spaces in which there is a higher than average risk of physical harm. There are many dark corners in parking lots, giving criminals the opportunity for robbery and assault. In nightclubs, there is plenty of drinking and excitement, which can lead to aggression and violence. Such places must have proper security in place to protect patrons. If they do not and someone gets hurt, the premises owner can be held liable for resulting injuries.
Most dog owners understand their responsibility to control their animals. However, some owners let their animals run wild, which can put individuals in danger. If you are the victim of an unprovoked dog attack, you have a case against the owner.
Asbestos or lead-related illnesses
Every building owner has a duty to test their premises for asbestos and other poisonous material. If such substances are found, they must be removed. Failure to do so is negligence of the worst kind. If you are a renter who is made ill due to your exposure to lead-based substances, then you should hold the landlord accountable.
Amusement park injuries
Amusement park owners are responsible for ensuring a safe environment for patrons. That includes maintaining the grounds, fixing potential hazards, and providing trained employees, and ride operators. Several kinds of accidents can occur, including, but not limited to, drowning accidents, slip and falls, or being thrown from a roller coaster. If you or your children were injured on an amusement park ride, you should seek compensation from the owners.
What to Do if You Slip and Fall
In a premises liability case, you will need thorough documentation of the incident as well as your injuries. One of the best ways to do this is to call 911 following the accident. Emergency medical professionals can treat you for your injuries and create documentation of any scrapes, bruises, or broken bones you may have.
While at the scene, you should try to take photos if you can. Document the area around your fall, and take multiple photos from different angles of what caused you to fall. While the first responders will have documentation of your injuries, you should also try to take photos of your initial physical damage, and document each injury as it heals.
You should always reach out to a lawyer in these situations, as they can handle filing your claim while you focus on recovering from your injuries. Your lawyer will document your claim as well as argue it in court.
Most stores have cameras to capture everything that happens on their property, so your attorney can obtain footage to see what caused you to fall. If it was something like an uneven step or an unmarked puddle, then you have a strong case for compensation. However, if it’s found that you caused the spill, then your accident injury claim may be moot.
Premises liability attorney Newport Beach, California
Premises liability attorneys specialize in this area of law. They have the experience and expertise to help you build a case against the people whose negligence caused your injury.
Your first move should be to contact a property liability lawyer after the accident. They will sit down with you and take down your version of events. They will decide if you have a good case against the owners; and if you do, you should let them work to get you fair compensation.
A premises liability attorney will also initiate their own investigation into the accident. They will gather witness statements, forensic evidence, and other relevant facts to demonstrate the owner’s liability for the accident and the injuries you sustained.
If you have been injured in a public venue, then you need legal representation. Premises liability attorneys can provide you with the counsel you need.
What is Premises Liability?
Premises liability is a law that protects individuals who were injured on someone else’s property due to its unsafe or defective condition. This can be anything from a slip and fall on some poorly mopped floors or a fall off a rickety balcony.
Premises liability claims can be any of the following:
- Slip and fall accidents
- Inadequate maintenance
- Defective conditions
- Inadequate building security
- Elevator and escalator accidents
- Swimming pool accidents
- Amusement park accidents
- Water leaks or flooding
- Toxic fumes or chemicals
Premises liability cases fall under the “personal injury” category, because personal injury cases are based on negligence. In order for a plaintiff to win a premises liability case, the injured person must prove that the property owner was negligent in some way. A premises liability case is determined by proving that the owner failed to use reasonable care, which caused injury or death to the plaintiff.
Slip And Fall In A Store Or Business
If you slip and fall while inside a commercial business, simply falling inside a store or business does not necessarily mean you will have the basis for a lawsuit. In any type of slip and fall accident, negligence is the key in helping to determine whether or not you may have a valid claim against the business. When a slip and fall accident takes place, a store or business is only liable if negligence was present and it can be proven to have caused your accident.
As someone visiting a business, you are determined to be an invited guest, and you have the right to visit a reasonably safe and maintained business.
What Is an Attractive Nuisance?
Attractive nuisance is a legal term that refers to objects and animals on a property that attract children to enter your property and threaten them with harm. You can be held liable for harboring an attractive nuisance on your property. It can fall within the bounds of premises liability, and you can be sued if someone’s child is harmed after wandering onto your land. The law places responsibility on property owners to take whatever steps necessary to protect children who may walk onto your property.
Here are some of the attractive nuisances that you can be held responsible for:
- Swimming pools
- Tree houses
- Scaffolding and ladders
- Broken gates
- Easily accessible roofs
In order to avoid a potential lawsuit, you should take steps to protect children from entering your property or to protect them from getting injured by anything on your property. You can build a fence around your pool and install an alarm system or flood lights around it. You should also keep water rescue equipment nearby and a first aid kit. You should never leave potentially dangerous lawn maintenance equipment in the open. You should keep your shed locked up, and it is a good idea to fence as much of your property as you can.
How to Prove a Premises Liability Case
These types of accidents include an abundance of potential causes, such as:
- Slip and fall accidents
- Fallen equipment
- Flammable materials
- Construction zones
- Dog bites
- Security issues
- Stairways and walkways
- Uneven or cracked pavement
- Insufficient lighting
- Obstacles in a walkway
Accident Lawyers Firm employs attorneys that are skilled in proving liability in these types of cases. They will travel to the scene to investigate the location of the accident, and they will also interview you to determine what happened leading up to the accident.
If a property owner fails to inspect, examine, and ensure that their property is in reasonably stable condition, then he or she can be held responsible for any injuries caused on the premises. Keep in mind that the property must be in reasonable condition. The victim must also practice their own duty of care and their own negligence should not be the root cause of the accident if they expect to be compensated and represented by an attorney.
No matter which side of a premises liability lawsuit you’re on, you should contact Accident Lawyers Firm to ensure that you are protected from further damages. Slip and fall lawsuits and other premises liability claims can be tricky. Therefore, you should seek help from our team of premises liability attorneys so you have a better idea based on your particular case.