When a person enters the property of another, California premises liability law mandates that they can reasonably expect not to get hurt. This means that the property owner or operator (or non-owner resident) is responsibile for upholding reasonable care to keep their property safe from dangerous conditions.
If you have been injured on a public property (such as a park, retail store or shopping mall) or a private property (such as a personal residence or office building), a Los Angeles County premises liability attorney can help you understand your rights under California law.
In California, an owner or occupier of property has a duty of care to maintain the property in a safe condition. The owner or occupier must act with reasonable care to inspect and rectify any hazardous conditions or to set up protective barriers and if not possible, to warn of the danger. A lack of knowledge of a dangerous condition is not a viable defense. The owner or occupier’s duty requires that they inspect their property or use other methods of determining of its condition.
As previously stated, a lack of knowledge of a dangerous condition is not a viable defense if constructive notice can prove that the owner/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 a banana peel on the floor of the supermarket was yellow when the person slipped on it and fell, it could be difficult to prove constructive notice as it fell very recently. If the banana peel was brown and deteriorated, it might have been there for a sufficient amount of time to be reasonably assumed that the store employees should have known about it.
Slip and fall accidents can occur as a result of a wet, oily or otherwise slippery surface. With slip and falls, the injured person typically falls backward, resulting in injuries to the back, spine and/or shoulder. More serious injuries to the skull, brain and brain stem can result in lifelong disability or even death.
Trip and falls results in the person falling forward, resulting in injury to their face, jaw, skull, throat, shoulders, arms, hands and ribs. Trips generally result from insufficient lighting around cracks, holes or uneven surfaces in places like sidewalks and parking lots.
Not every situation gives rise to legal liability, but valid slip and fall claims are filed and settled favorably every year. One of our experienced premises liability lawyers can explain the merits of your case and the probability of a favorable outcome.
Many people think of premises liability cases in terms of slip and fall or trip and fall cases, but they can include (but are not limited to) swimming pool injuries or deaths, animal attacks, elevator and escalator accidents, amusement park accidents and negligent or inadequate security.
Common private property/home related injuries:
* Drowning in a swimming pool
* Spine and neck injuries from diving
* Electrocution from faulty wiring
* Slip and trips
* Dog bite
* Negligent or inadequate security
Common amusement or theme park injuries:
* Bone fractures/breaks
* 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 Los Angeles County Law Offices of Brent A. Duque, we maintain a staff of a highly professional, knowledgeable, aggressive and successful premises liability lawyers who represent victims 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 the Los Angeles County law office of Brent A. Duque at 877-241-9554 for a free consultation and case evaluation. You can even use our online contact form, and we’ll reply to you quickly.
Fields Marked With An ” *” Are Required