WHAT TYPE OF PREMISE LIABILITY CLAIMS DOES YOUR FIRM COVER?
Most people think of premises liabilities claims as a prototypical slip and fall situation in a grocery store. In reality, people are injured on business and in residential premises in a variety of ways. Common situations or common injuries include building defects, flooring defects, chronic spillage on the floors of a commercial business, uneven pavements, out-of-code conditions in a business, toxic mold, decking collapses, balcony collapses, and other dangerous conditions on commercial and residential property. Our office has even been able to recover for a client injured in livestock accidents involving both vehicles and the client themselves.
WHAT SHOULD SOMEONE’S FIRST STEPS BE AFTER THEY HAVE HAD A SLIP OR TRIP TYPE OF ACCIDENT?
Following a trip/slip and fall incident, the first and most important step is to document the dangerous condition at the time of the incident. Take photos. A photo of the location of the incident taken on a cellphone will often make a difference as to whether our office will accept a case. The condition at the premises will likely be repaired and/or removed by the defendant or the business owner following the event. It is absolutely crucial to preserve the evidence at the scene at the time of the incident.
A victim of the premises liability claim must also preserve any evidence that may be directly involved in the incident. If the victim has slipped on a substance in a business, the victim will want to keep the shoes involved in the fall. Much of the evidence will “spoil” over the duration of the claim and lawsuit, so keeping as much evidence as possible is quite important.
WHY IS PROVING NEGLIGENCE SO CRUCIAL WHEN IT COMES TO PREMISE CLAIMS?
The injured client must prove that the property owner was negligent in the use or maintenance of the property. However, the law additionally requires that the property owner have actual notice or constructive notice of the dangerous condition and failed to take reasonable action to repair the condition. Negligence must be established before the victim can recover any damages for injuries.
Often premise owners and businesses will argue that the victim in a fall is partially responsible for the fall. Proving the negligence will establish and supplement the victim’s claim. Therefore, proving the liability of the property owner is a prerequisite to any recovery.
DOES THE LOCATION SOMEONE HAS A SLIP AND FALL MATTER?
The location of a slip and fall claim matters greatly. For instance, at an airport, there are basically four elements to establish liability: the airport employee must know or should have known about the potentially dangerous conditions, the danger was not open or obvious, they failed to repair the defective condition, and the victim was injured.
In a public sidewalk situation, if you trip and fall on a public sidewalk, you will likely need to make an immediate claim against the applicable municipality. This is a prerequisite if the fall occurs on public property in which a public entity claim must be made. The claims process required against a public entity is quite rigorous, and failure to file a claim with a public entity immediately after your fall will preclude a future recovery.
An injury sustained on a work site may or may not be subject to a personal injury claim. A work site incident may be subjected to the employer’s workers’ compensation process if the victim is a worker on a work site. However, if the liability for the injury was caused by an independent third party, the victim’s claim may not be subject to workers’ compensation. Much of the determination of liability is dependent upon whether the employee is on the job or in his scope of employment with his employer.
If someone falls on stairs or in a stairwell at an apartment complex and are injured, the victim must prove that the owner caused the defective condition, knew of the condition and failed to repair it, or that the owner should have known of the defect because a reasonable person would have known of that defect and resolved the problem.
In a slip and fall situation, the location of where the fall or incident occurred is absolutely crucial to determining how we prosecute your claim. Therefore, consult with an attorney at our office so that we may guide you through that legal maze and create a successful resolution to your claim.
WHY SHOULD YOU CHOOSE REDKEY GORDON TO REPRESENT YOU?
Our firm can accurately and efficiently discern the complexities of premises liability. Establishing liability in the face of various legal limitations is a prerequisite to legal recovery. Failure to establish the necessary facts to establish liability is the difference between success and failure.
We have exclusively settled and represented premises liability claimants over the last 15 years. We understand the medical treatment that is required to recuperate and rehabilitate our clients, the medical lien issues which are complex and varied, and the legal causation issues that nearly always surface in these claims.
Being mindful of the pain and distress caused by these types of injuries, our lawyers keep clients constantly updated throughout the claim process. Our firm will service the emotional and financial interests to obtain maximum recovery for our clients.
If you’ve been injured due to a fall or negligence of another, please contact our firm for a free consultation 209-267-1685.