Premises liability law dictates that when entering a property within California, a person has a reasonable expectation of not getting injured. By this mandate, the owner or operator of a property (or non-owner resident) holds the responsibility to maintain reasonable care to keep their property safe from hazardous conditions.
Whether you have been injured in a public property (such as a public park, retail store or shopping mall) or a private property (such as a residence or office building), you will need an experienced premises liability attorney to help you understand your rights under California law.
The duty of care statute in California premises liability law mandates that the liability in such cases turns to the owner or operator of the premises at the time of the injury. This duty requires the owner to maintain the property in a reasonably safe condition. If there a known risk of injury exists on the premises, the owner/occupier must give proper warning of the condition so that others can avoid the area. A lack of knowledge of a dangerous condition is not a viable defense. The owner’s duty is to inspect their property or use other methods of determining of its condition.
Lack of knowledge of a dangerous condition is not a plausible defense if constructive notice might be proven by showing that the owner or occupier should have known of the issue. Evidence that the condition existed for an adequate period of time so as to be unreasonable is enough to imply constructive notice.
To put constructive notice simply, if the banana peel lying on the floor of the supermarket was yellow when the person slipped on it and fell, constructive notice could be difficult to prove as it only fell very recently. If the banana peel was brown and deteriorated, it might have been there for a sufficient period of time to be reasonably assumed that the store employees should have known about it.
A slip and fall accident can occur almost anywhere, from a wet, oily or otherwise slippery surface. With slip and falls, the person usually falls backward, resulting in injuries to the spine, back and shoulder. More serious injuries to the skull, brain and brain stem can result in lifelong disability or even death.
Trip and falls generally result from cracks, holes or uneven surfaces in places like sidewalks and parking lots. They might also happen due to insufficient lighting when somebody trips on stairs or over an object in an unlit hallway. With trip and falls, the person usually falls forward, resulting in injury to their skull, face, jaw, neck, shoulders, arms, hands and ribs.
Not every accident gives rise to legal liability, but valid slip and fall claims are filed and settled every year. One of our professional premises liability attorneys can explain the strength of your case and the probability of a favorable outcome.
Most people consider premises liability cases in the context of slip and fall or trip and fall cases, but they include but aren’t limited to animal attacks, swimming pool injuries or deaths, elevator and escalator accidents, amusement park accidents and negligent or inadequate security.
Common amusement or theme park injuries:
Common elevator/escalator injuries:
At the Law Offices of Brent A. Duque, we employ a staff of a highly professional, knowledgeable, aggressive and successful premises liability attorneys who represent injured people through our offices that stretch across Southern California. Time limitations apply to any injury claim you might have, so for purposes of investigating a possible case and possibly preserving evidence, it’s best for you to contact us immediately after an accident.
Contact our Riverside County Personal Injury Attorney at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.
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