Premises liability is when injuries occur to people due to exposure to a dangerous condition that has been found on private or public property. Premise liability includes but is not strictly limited to trip and falls, slip and falls and falling objects. It is basically the failure to ensure that a person who is using public or private property is able to move through or be in that area safely without fear of personal injury.
The Law Offices of Howard Kornberg situated here in Santa Monica, California have an enviable reputation for handling cases for any victim of a slip and fall accident. We not only pursue claims of personal injury suffered in a slip and fall accident but we pursue our cases with sympathy and understanding. Our successes in winning substantial claims for victims is based, in part, on our dedication and enthusiasm for ensuring that our injured claimants win what is due to them as a result of another person’s negligence.
What causes a slip and fall accident?
There are too many examples to list in this personal injury category but many premises liability cases occur as a result of someone slipping and falling on a slippery floor in a grocery store or a shopping mall. These are regular occurrences as some places lack sufficient staff to ensure that their commercial areas are safe for their users. However, there are also a significant number of accidents on sidewalks where a pedestrian has tripped and hence fallen on a cracked or uneven pavement. Falling over torn carpeting in an apartment block is commonplace as well. Poorly lit areas such as in parking lots gain their fair share of slip and fall cases as well.
All of us have the right to be free of the possibility of injury on private and public property. However, there are so many injured victims that are too afraid to speak out and assert their legal rights. Even fewer think they are entitled to seek the help of a lawyer and some really believe that slipping over on a broken jar of mayonnaise in a supermarket was really their fault for not being careful enough. However, the true fact is that supermarkets are required to ensure the safety of their customers and remove any likely hazards long before they become dangerous. If you find yourself in an emergency room disabled with a broken arm or an injured back due to a supermarket’s negligence then you are legally entitled to be compensated for the financial burden of the slip and fall injuries that were not your fault.
Most lawyers like ourselves have pursued compensation claims on the basis of premises liability for a vast array of accidents as listed below:
Accidents that have taken place:
- On a public sidewalk
- On a badly constructed curb
- On defective stairs
- On a slippery floor in a supermarket
- On boxes and cardboard left on a shop or store floor
- In a parking lot
- Due to defective elevators and escalators
- Due to defective railings on a bridge
- Poorly lit public areas
- Torn and worn carpeting
Statute of Limitations
There is a current Statute of Limitations for filing a personal injury lawsuit in California related to premises liability. You cannot wait more than 2 years after the accident otherwise you have lost your right to claim any compensation.
If the place that had the hazard was administered by a government entity like a street, a public sidewalk or a building, any premises liability claim has to be filed within a 6 month period following the precise date of the slip and fall accident. However, if the entity fails to accept the claim, then the injured party has to file the compensation claim before 6 months has elapsed from that rejection date.
Waiting for 2 years to pass before filing a lawsuit in a premises liability situation is only considered acceptable if you are undergoing medical treatment for your injuries and the full impact is still not known.
If you have suffered what you think is an injury that comes under premises liability you must straightaway file a report of the injury with the owner, or manager of the property that provided the scene for the injury. If the injury happened on privately owned property or at someone’s private residence, then the owner should be informed as soon as is practicable. If your injuries allow, then you should endeavor to identify and record information from any of the witnesses who might have seen the slip and fall accident or simply observed the dangerous condition.
Gather evidence quickly
Commonly, with premises liability situations, the victim has to tread carefully, as soon after the business has discovered the hazard a clean up operation gets underway as a means of evading guilt and responsibility. It is necessary to gather the evidence before this takes place to ensure a fair hearing for a compensation claim.
Californian courts will not take evidence that only shows the area after the hazard has been removed, so it is extremely important to get photographic evidence of the slip and fall accident site to present to the court.
Our lawyers at the Law Offices of Howard Kornberg are used to these incidents when the owner or manager tries to cover up the sequence of events leading up to the slip and fall accident. We get our team of investigators out to the accident site to gather vital evidence that will help the victim gain the compensation he or she deserves.