California premises liability law dictates that when a person enters a public or private property, they have a reasonable expectation of not getting hurt. The owner/operator of a property is thereby responsibile to ensure that their property is safe from hazardous conditions.
If you have been injured in a public property (such as a park, store or shopping mall) or a private property (such as a personal residence or office building) in Orange County, a premises liability lawyer can explain your rights under California law.
Under California premises liability law, an owner or occupier of property must excercise reasonable care to inspect the property and correct, repair, replace or give adequate warning of any condition that could be reasonably expected to injur others. The failure of this duty may subject the owner or occupier to responsibility for injuries caused as the result of the failure to inspect.
A lack of knowledge of a dangerous condition is not a viable defense if “constructive notice” may be proved by showing that the owner or occupier should have known of the hazard. 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 is on the floor of the supermarket and it was yellow when the person slipped on it and fell, constructive notice could be difficult to prove as it was only there for a short period of time. If the banana peel was brown and deteriorated, it might have been there for an adequate 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 that contains a wet, oily or otherwise slippery surface. With a slip and fall, the person generally falls backward, resulting in injuries to the spine, back and/or shoulder. More serious injuries to the skull, brain and brain stem can result in permanent disability or even death.
Trip and falls typically result from cracks, holes or uneven surfaces in places like sidewalks and parking lots and often occur due to insufficient lighting. With trip and falls, the person usually falls forward, resulting in injury to their face, jaw, skull, neck, shoulders, arms, hands and ribs.
Not every situation gives rise to legal liability, but legitimate slip and fall claims are filed and settled every year. One of our experienced premises liability attorneys can explain the strength of your case and the probability of a favorable outcome.
Most people think of premises liability cases with regard to slip and fall or trip and fall cases, but they can include, but are not 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
* Negligent or inadequate security
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 Orange County Law Offices of Brent A. Duque, we maintain a staff of a highly professional, knowledgeable, aggressive and successful premises liability lawyers who represent injured people through our offices that stretch across Southern California. Statute of 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 Orange 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.
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