Under California premises liability law, a person entering a property has a reasonable confidence that they will not getting injured. This means that the property owner/operator (or non-owner resident) holds the responsibility to maintain reasonable care to keep their property safe from hazardous conditions.
If you or a loved one has been hurt on a public property (such as a playground, library or shopping mall) or a private property (such as a personal residence or office building), a La Mirada premises liability lawyer can assist you with any questions you may have and help you understand your rights under California law.
Under California law, the owner/operator of a premises owes guests a duty to exercise reasonable care to keep the premises safe. Owners must regularly inspect their buildings/premises to ensure that they are safe for visitors, tenants and/or guests.
Lack of knowledge of a dangerous condition cannot be used as a viable defense. If constructive notice proves that the owner or operator should have known of the issue, liability shifts to the owner/operator. Evidence that the condition existed for an adequate period of time so as to be unreasonable is enough to imply constructive notice.
Simply put, constructive notice can be summed up like this: if the banana peel 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.
With a slip and fall accident, the person usually falls backward, resulting in injuries to the spine, back and shoulder. These accidents can be the result of an oily or wet slippery surface. More serious injuries to the skull, brain and brain stem can result in lifelong disability or even death.
Trip and fall accidents typically occur as a result of cracks, holes or uneven surfaces in places like sidewalks and parking lots. Insufficient lighting is also a common factor. With trip and falls, the person usually falls forward, resulting in injury to their skull, face, jaw, neck, shoulders, arms, hands and ribs.
One of our experienced premises liability attorneys can explain the strength of your case and the probability of a favorable outcome. Keep in mind that not all slip or trip accidents are grounds for filing a case.
Most people think of premises liability cases in the context of slip and fall or trip and fall cases, but across Southern California, 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 private property/home related injuries:
* Drowning in swimming pool
* Spinal and neck injuries from diving
* Electrocution from faulty wiring
* Slip and trips
* Dog bite (California is one of the states that has a dog bite statute. Under the statute, negligence isn’t an issue. A dog owner is strictly liable for any bites caused by their dog regardless of whether the dog has ever shown dangerous tendencies)
* Negligent or inadequate security is relatively new in the law. It is now recognized that La Mirada property owners have a duty to keep others safe from criminal acts or attacks. If they fail to take adequate protective measures, and injury results, they can be held liable.
Common amusement or theme park injuries:
* Internal injuries
* Heart attacks
* Back and neck injuries
* Traumatic brain injuries
Common elevator/escalator injuries:
* Falls or drops
* Improper door movement
* Elevator arriving above or below the specified floor
* Accidents caused by sudden stops, missing or degraded parts and side entrapment of footwear
At the La Mirada Law Offices of Brent A. Duque, we maintain 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 Los Angeles County Personal Injury Attorneys 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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