Slip, Trip, and Fall Lawyer. Premises Liability

Every day most people spend a good deal of time on someone else’s property. As part of our daily routine, we run to the supermarket, stroll through the mall, drop the kids off at school, catch a movie at the theater, or eat out at our favorite restaurant. Since we spend so much time doing these types of activities, the likelihood of getting injured while on someone else’s property is probably higher than you might expect. If you do suffer an injury while on someone else’s property you may be able to pursue compensation for your medical treatment, and other expenses from the property owner. This is because the property owner is responsible for making sure that the premises are safe, and their failure to do so as the result of irresponsibility (negligence) forms a connection to the injuries that you suffered.

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These types of claims are made under premises liability law, which holds landowners legally accountable for accidents and injuries that occur on their properties. The San Diego Premises Liability Lawyers at the Nakase Personal Injury Law Firm are experienced professionals capable of handling all types of premises liability cases.

Premise Liability refers to when someone is injured because a property has been kept in poor or unsafe conditions. The unsafe conditions cause injury from a slip and fall; the dangerous condition may also have caused a slip and fall resulting in serious bodily injuries. As a result, the injured person may need to hire a trip and fall lawyer or slip and fall lawyer.

Premises Liability Claim

Negligence by the owner of the property must be proved for a premise liability claim. Forms of negligence include:

• Not maintaining the property
• Failing to inspect the property
• Not repairing or fixing the dangerous condition
• Failing to provide sufficient signage to warn people of the dangerous condition
• Creating a hazardous situation through negligence

In California, the landowner and occupier have an obligation to ensure their premises is safe for everyone who visits their property. For example, grocery stores have a duty to prevent trip and fall injuries. Also, because the produce aisle may be slippery, the grocery store has a duty to prevent slip and fall.

However, the degree of liability or duty of care depends on the relationship between the landowner and the visitor. The reason for the visitor being present on the property will also be taken into account. There is a lot of factors involved in these laws so it is recommended to speak to a premise liability lawyer.

Under the law that states landowners have a duty of care for all of the visitors on their premises. The following things are included in duty of care:

• Ensure there is adequate warning of dangerous conditions such as signage or roped off areas.
• Keep their property maintained so dangerous conditions don’t occur through poor maintenance.
• Conduct repairs or fix dangerous conditions promptly.
• Regularly inspect the property so they are aware of dangerous conditions.

Under California state law, negligence must be proved for a premise liability case. If someone injures themselves on a property through their own actions, then the property owner is not at fault.

Premise liability cases generally involve slip or trip and fall accidents. Dog bites, construction accidents, or negligent or willful conduct by third parties on the property are also common injuries in premise liability cases.

What Kind of Accidents Can Be Considered Premise Liability?

Premise liability accidents can happen on any property that is not your own. Some examples include:

• Government property
• Private homes
• Offices
• Rented apartments
• Malls and stores
• Parks
• Parking lots

Trip and Fall Injuries Occurring On Stairs

Things that may cause trip and fall accidents on stairs include broken or loose handrails, rotting wood, and broken steps. If someone is seriously injured on stairs, then the property owner may be required to pay damages to the victim. It is the property owner’s responsibility to maintain the stairs on their property. This includes making repairs to any broken or loose parts of the stairs and ensuring it is safe for people to use the stairs. This will ensure they do not pay any damages to people injured on the stairs of their property.

Slip And Fall Accidents

We’ve all seen the yellow caution signs while shopping at the grocery store or walking through the mall, and there is a good reason for them. Immediately we are alerted to some type of hazard in the area or on the floor and we steer clear to avoid a potentially dangerous situation. Slip and fall accidents are probably the most well-known and frequently occurring type of premises liability claims. In these situations, the caution warning was either non-existent, or insufficient to prevent a slip and fall accident caused by liquids spilled on to the floor. These types of accidents can also be caused unseen objects left in aisles, raised flooring, polished floors, and other dangerous conditions. If you have suffered an injury from a slip and fall accident, the San Diego Premises Liability Lawyers at Nakase Personal Injury Law Firm can evaluate your case and determine if you have grounds for legal action.

Slip and fall accidents are the most common accidents. A trip or slip hazard which poses a danger to visitors on the premises due to the owner’s negligence is the most common injury. For example, someone is at their local gym, trips over a torn piece of carpet and hits their head on a dumbbell resulting in a head injury. In this scenario, the gym owner is responsible as they didn’t have a sign warning of the hazard.

Other causes of slip and fall injuries include:

• Leaks or spilled water causing a slip and fall hazard.
• Failure to put signs up warning of the hazard.
• Loose rugs or carpet causing trip and fall hazard.
• Failure to close off construction sites to the public.
• Missing or broken railings
• Uneven floor or uneven edges on tiles, carpet, paving, or any other floor materials; this causes a trip and fall condition.
• Cords or cables that aren’t covered may cause trip and fall hazards.

Get in touch with the premise liability lawyers at Nakase Law Firm.

Injuries On Construction Sites

Construction sites are extremely dangerous places to work or visit. Because of this there are many laws and workplace practices in place to avoid workplace injuries. The owner must follow all of the workplace laws. Furthermore the owner has a duty of care to protect any visitors or people who are in the vicinity of the site that may be injured.

There is also a duty of care to prevent people from accidentally walking onto a construction site. This includes placing warning signs that it is a construction site and even barriers if possible.

Examples of injuries that can occur on a construction site include:

• Accidents involving cranes.
• Roofing accidents.
• Injuries due to faulty or collapsed scaffolding.
• Injuries involving electric shock.
• Accidents involving ladders.
  
  

Trip, Slip, and Fall Accidents In Private Homes

Accidents happen more often in homes than anywhere else. They can occur in the victim’s own house or while visiting someone else’s home. The most common home injuries are:

• Burn injuries
• Slips or trips and falls
• Poisoning
• Electric shock or electrocution
• Injuries to cleaners or home nurses
• Falling tree limbs or trees
• Drowning
• Injuries involving inhalation
• Deck or balcony collapse
• Chemical injuries

What Do I Do If I Am Injured On Someone’s Property? How Do I Make a Premise Liability Claim? Should I Speak To A Premise Liability Lawyer?

It is recommended to speak to a premise liability lawyer as soon as possible. They will be able to give you advice based on the details of your case. The advice in this article is general legal advice but a premise liability lawyer can give specifics. First, it needs to be determined who is liable. The three factors in determining liability are ownership, possession, and control of the premises. If there is no element of control over the premises, then liability can’t found. A landlord for a shop does not have control over the premises and therefore does not have a duty of care to ensure the premises are safe. In this case, the person who controls the property would be the one who is sued. There is no requirement for all three; the person who controls the property is ultimately liable.

Depending on the circumstances, different people could be considered liable for the property. It is also possible that multiple people can be responsible for the property.

Keeping the property in a safe condition cannot be delegated. If the property owner or controller hires an independent contractor to fix any hazardous conditions who fails to make it safe, the property owner is still responsible and liable for the state. When an injury occurs the property owner, rather than the independent contractor, is liable for damages.

If an employee fails to fix a problem or to warn someone about a hazard, the employer is still liable for their employee’s negligence. The respondeat superior laws in California means that an employer is responsible for all actions of employees during their employment. Any negligence by employees is therefore considered negligence of the employer.

Defendants in a premise liability case may include:

• Homeowners
• Renter or tenant
• Store
• Restaurant
• Mall
• Business owner
• Property management company

Example

Belinda is a cleaner at a mall. While she is mopping the public bathroom, she forgets to put a wet floor sign up. There is a puddle of water on the floor that a customer doesn’t see, and they slip and break their arm on the tiles. 

After speaking to a premise liability lawyer, the customer sues the mall for damages. Even though it was Belinda’s job to put up a wet floor sign, the mall is liable for her negligence. The mall is responsible for any negligent actions of its employees during their shifts. 

Premise liability isn’t so black and white though; sometimes courts rule that a portion of the liability rests with multiple people. If a hazard is evident and someone would be able to notice and avoid it, then there is no duty of care to warn the guest. These decisions are made on a case by case basis and are subject to the court decision. If you are planning to file a premise liability lawsuit, you should speak to a premise liability lawyer in the state of California. They will be able to give you advice based on your situation.

Get in touch with the premise liability lawyers at Nakase Law Firm.

How Premises Liability Is Determined

When a court determines whether the property owner or controller owes damages to a victim, many factors may be considered. They are:

• If there was foreseeable harm to customers or visitors of the property.
• How much the injury to the visitor or customer can be proved.
• If the visitor or the customer’s actions contributed to their injury.
• If any moral blame can be attributed to the customer’s actions.
• How much of a burden to the owner and the community if a duty of care would be imposed.
• If any policy has been put in place following the accident to prevent future injury.
• If there is any insurance available for the hazard in question and the cost of it.

An owner or controller of a property is legally obligated to take reasonable care to keep the premises safe and clear of hazards. Extra care must be taken for children on the premises as their capacity for recognizing and avoiding danger is diminished. If you have a premise liability case filed against you contact a premise liability lawyer to assist you.

Get in touch with the premise liability lawyers at Nakase Law Firm.

Amusement Park Injuries. Disney Land. Magic Mountain. Sea World. Knots Berry Farm.

Amusement parks are for having fun, and no one wants to think about the possibility of getting injured while enjoying a roller coaster or waterslide ride. Yet this occurs quite frequently, leaving those injured at a loss to determine how to pursue some type of personal injury claim. Who is responsible? Who is the owner of the property? The San Diego Premises Liability Lawyers at Nakase Personal Injury Law Firm can determine the responsible party for your injuries and determine the best course of action to pursue your claim. Our attorneys are experienced, skilled professionals in handling these types of cases.

Swimming Pool Death and Injury

Swimming is a fun activity that many people enjoy family and friends. Often, we simply just assume that the proper safety precautions are in place at a swimming pool to prevent a slip and fall accident. When using a public pool, or one located on another’s property, the property owner owes you a duty of care. In other words, it’s the property owner’s responsibility to make sure that the area is safe. This is a serious responsibility because, if you or a family member are involved in a slip and fall accident at a pool the consequences could be catastrophic, resulting in serious injuries including near-drowning, or the loss of a loved one to drowning. When this occurs, the property owner has breached its duty of care to you. If you or a loved one have been injured in a swimming pool accident, the Nakase Personal Injury Law Firm can help protect your legal rights and fight for the maximum compensation for your injuries.

Escalator Accidents

We routinely use escalators at shopping malls, office buildings, and other venues without giving them much thought. However, escalators are complex mechanical devices which require regular inspection, servicing and maintenance to ensure they are in proper working order. When this process breaks down, the use of an improperly inspected, poorly maintained or repaired escalator poses a very real danger and can result in serious injuries. If you have fallen from an escalator and been injured, you may have a premises liability claim against the property owner.  We can help! Contact the San Diego Premises Liability Lawyers at the Nakase Personal Injury Law Firm today at (619) 550-1321 to discuss the details of your escalator accident and let us determine if you have grounds for a premises liability case.

Concealed Hazards

If there are any hazards that are concealed, adequate warning must be given so they can be avoided. If the trifecta of the owner being aware of the condition, precautions not being taken, and the owner is aware of a customer about to come in contact with danger, then negligence is present.

A store owner exercises duty of care if they make regular inspections of the premises to ensure there are no risks to visitors. If the store is self-service so customers would touching the goods, then greater care and more frequent inspections are required. This is to prevent a dangerous situation caused by a customer from injuring another customer or staff member.

Keeping the property in a safe condition isn’t the only responsibility of the owner or controller. If there is onsite activity that might cause danger, then care must be taken to ensure the activities do not cause harm to anyone on the property.

Get in touch with the premise liability lawyers at Nakase Law Firm.


Injuries Caused by Inadequate Security

Many people just assume that they are safe while shopping at the mall, working out at the gym, or watching a game at a sports stadium. However, you could become injured because of an incident which may have been prevented through the deployment of adequate security. For example, a fight that breaks out between various patrons at a sporting event causing injury to bystanders, or a shopping mall patron is physically assaulted while walking to their car in the parking lot. California property owners have a responsibility to protect customers and lawful visitors through the use of reasonable security measures. Reasonable security measures can include the use of security cameras, security guards, and locks. Often times these reasonable security measures are either lacking, or non-existent. If you were injured at a property, it may be due to inadequate security measures. You could have a valid claim against the property owner. The San Diego Premises Liability Lawyers at the Nakase Personal Injury Law Firm have the expertise to evaluate the specific facts of your case and determine if your injuries were the result of inadequate security measures, and help you pursue a claim against the property owner.

Liability For The Actions Of A Third Party

The owner or controller is also liable for the actions of third parties on their premises. If a third party causes injury to a visitor of the premises, then the owner or controller of the land is liable. The owner is liable for the condition of their property and the wellbeing of their guests and customers.

The owner is only responsible for a third party’s actions if it can be argued that their actions could be reasonably anticipated. When determining duty and liability, it must be proved that the owner was able to foresee the actions of the third party. Foreseeability will be determined by the court. The duty of the owner to provide protection will also be determined by the court. Because this aspect of the law is open to interpretation by the court seek advice from a premise liability lawyer.

Get in touch with the premise liability lawyers at Nakase Law Firm.

Monetary Compensation For Personal Injury

A property owner who is determined to be negligent in keeping their property in safe condition may have to pay damages for any injuries on their property.

Damages for premise liability in California can include:

• Medical bills
• Ongoing medical care
• Lost wages
• Physical therapy
• Loss of earning capacity
• Pain and suffering
• Disfigurement

The San Diego premise liability lawyers at Nakase Law Firm will be able to answer questions about the following topics:

Get in touch with the premise liability lawyers at Nakase Law Firm.

Victim Fault 

Victim fault is when the tables are turned on the victim. The defendant’s lawyers will be looking to do this in any premise liability case. Make sure you have a premise liability lawyer to represent you to ensure your damages aren’t reduced.

If the hazard can reasonably be considered obvious, then it cannot be argued that the owner or controller is at fault for the injury to the victim. Even if the hazard was not obvious, the owner can argue that the victim was at fault. Premise liability in California uses comparative fault, which means that even if the owner is at fault, the court may decide that the victim also has some degree of responsibility. The court will then decide what percentage each party is at fault. This might mean that the damages awarded to the victim might be reduced by the percentage of their fault. An experienced premise liability lawyer will be able to stop victim fault from being used against you.

Get in touch with the premise liability lawyers at Nakase Law Firm.

Third-Party Interference

An owner or controller is not entirely responsible for the actions of a third party who is involved in an injury. However, they are responsible for not reasonably controlling the actions of a third party. The main point in this is that the actions or behavior of the third party must be foreseeable. If you are involved in a lawsuit for third party inference contact the San Diego premise liability lawyers at Nakase Law Firm.

For instance, if there is high criminal activity in an area and some of the premise’s customers have been targeted in the past, then the owner or controller could be held liable. The hazardous condition in this scenario would be the risk of becoming a crime victim. Reasonable provisions for this hazard would be:

• hiring security guards
• anti-crime light fixtures
• changing the street access to make it safer
• CCTV

Get in touch with the premise liability lawyers at Nakase Law Firm.

Public Property Issues 

The government is not as liable for premises liability as private companies or homeowners in the state of California. A victim must show that a hazardous condition was created by either:

• Negligence of a public employee
• That the government entity had enough notice of the hazardous condition to prevent the injury.

This means it is more difficult to bring a premise liability claim against a government entity. If a hazardous condition is created by someone who is not a public employee, then the government is shielded from liability. If it can be proved that the government was aware of the hazardous condition, then the government is liable. If you were injured on government property, speak to an experience premise liability lawyer to see if you still have a case.

Get in touch with the premise liability lawyers at Nakase Law Firm.

Why Should I Hire A Premise Liability Lawyer?

Premise liability law in San Diego is extremely complex with many things that are determined on a case by case basis in court. Whether you are the victim, or the property owner being sued, having a premise liability lawyer on your side will ensure the best possible outcome. Our premise liability lawyers at Nakase Law Firm work hard to get you a favorable outcome. Premise liability lawyers will:

• Document all evidence from the scene of the accident or injury.
• Gather witness statements.
• Look into the history of both the victim and the property owner.
• Consult with you on the best options and arguments for your case.

It is well worth hiring a premise liability lawyer for the time and money saved. Whether they reduce the damages you pay to the victim, or get you as the victim the maximum amount of damages. If you have been injured and are considering filing a lawsuit then speaking to a premise liability lawyer will help you decide if you have a case. If you have just been sued then a premise liability lawyer will discuss the details of the case and help you decide on your best defense.

 

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