Premises Liability Lawyer Los Angeles
Slip and falls are one of the most common causes of injury. These claims usually arise from a defect in a walkway or a hazardous condition on a walking space, such as a floor.
A property owner has an obligation to keep their space free of hazards and defects that could cause a fall and a subsequent injury. When a person encounters the hazardous condition or defect, their safety is in jeopardy. More often than not, this condition is caused by the negligence of the owner by failing to maintain the walking space.
A common example is the floor of a grocery store. The storeowner has an obligation to ensure that the floor is not wet and that it doesn’t have items on which a patron could slip or fall. While this is the duty under the law, the store owner does not always adhere to this duty which leads to injuries. Some of these injuries can be very severe, such as traumatic brain injuries and broken bones.
The Difference between Premises Liability and Slip and Fall
Premises liability is a broad category under which slip and fall accidents are placed. The various injuries that are sustained on another’s property include trip and fall, slip and fall, and other property hazards that could cause injuries:
- Broken locks
- Sidewalk defects
- Obstacles that could cause someone to trip
Under California law, public entities, cities, counties and the state have an obligation to maintain public properties to provide safe condition for the public. This covers sidewalks, public buildings, landmarks and parks.
Why You Need an Attorney
It is wise to consult with an attorney if you were harmed from a slip and fall accident. Oftentimes, property owners do not fairly deal with patrons that have been injured due to a hazardous condition on the property. Also, property owners are reluctant to provide an injured visitor with the compensation he or she deserves for the injuries sustained.
Slip and fall cases can be complicated. These claims require experts that understand the different aspects of the case including the property condition standards and how they can maintain a safe environment for their customers. If the slip and fall occurred on public property, experts are needed to show how the ground condition was inadequate.
A slip and fall attorney needs to be skilled in proving negligence and determining the appropriate amount of monetary compensation for the resulting injury.
Proving Fault in a Slip and Fall Case
To prove that the property owner was at fault, expert testimony is needed. For example, if a visitor fell in a grocery store, we would have an engineer test the floors and determine how slippery the floors are with and without substances on them.
An expert would also look at floor maintenance procedures to see if they were properly followed. Finally, we would assess surveillance video, if available, and talk to witnesses to see if there are any other details to assist in the claim.
Trip and fall cases involve understanding codes and determining the property was adherent to the applicable regulations or whether there was a defect in the property layout. Some codes may require railings to be provided to keep people from falling and will specify what type of railing must be used.
Dealing with an Accident
If you have the means, or have someone with you who does, it is highly encouraged that you take pictures of the accident scene. Make sure the pictures show the substance that caused a slip or the defect that caused a trip. The more pictures of the area, the better. If possible, compare the size of the substance to another item so that an expert could take measurements and show how big it was.
Another important piece is to refrain from signing any statements provided by the property owner. Without the assistance of an attorney, you will not know the implications of what you are signing. Additionally, you may be in severe pain and not in the mindset to know what you are signing.
Other important things to obtain include:
- Getting the names and phone numbers of anyone who witnessed the fall
- Name of the store manager as well as the supervisor on duty
- Seek medical care if you have been injured
- Documentation of any medical treatment, including costs, time away from work, amount of treatment needed in the future
If you have suffered an injury after a slip and fall, make sure you tell a healthcare provider immediately. Give them a full overview of what areas of the body hurts, whether it’s severe or minor. The more detailed you are, the better as a seemingly minor injury could worsen over time.
Paying for Medical Care
Our firm has access to the very best doctors that will help clients deal with the injuries they have sustained from traumatic accidents including slips, trips and falls, or any premises liability case. Our clients are able to see medical doctors who will treat them on a lien, which means that the client will not have to pay until their case is over.
At Carpenter, Zuckerman & Rowley, LLP, our main priority is to help our clients get well and restore their health to the fullest level possible. Therefore, our job is to handle the legal process efficiently and aggressively in order to obtain maximum compensation.
Why Choose Carpenter, Zuckerman & Rowley, LLP
Our firm is at the forefront of premises liability cases. We are largely responsible for a new standard that has been emerging in personal injury cases. This new standard is called ‘floor tact’.
Our personal injury attorneys work with the best engineers available to determine whether appropriate floor safety features have been followed. We also work with the best medical experts to help our clients get the care they need. We aggressively litigate each and every case we have, including pursuing settlements if possible. Call our dedicated attorneys today for a free consultation at (213) 514-8332.