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California Premise Liability Attorney (Slip and Fall Accident Lawyer)
Have you been injured in a slip and fall accident in California? A California premise liability attorney may be able to help you. In the state of California, premises liability law is based upon negligence, meaning if someone acted (or failed to act) in a manner that contributed to your injuries, that person or company may be help liable for your injuries. Premise liability laws help to determine who is responsible (at fault) for accidents that take place when a person slips and falls or is injured on someone else's property. We will handle your case on a contigency basis, meaning you pay nothing unless your case is won. Consultations are always free so call us to get your questions answered and to find out if you have a premise liability case.
Who is responsible in a premise liability case?
Determining fault isn't always easy. Laws that fall under this category vary from state to state and local jurisdiction to jurisdiction. In order for a slip and fall victim to hold a property owner liable for an incident, the victim will have to prove the following in order to have a clear cut premises liability case:
- That the property owner was responsible for unsafe condition and the subsequent slip and fall accident (by spilling something, for example, and not cleaning it up)
- That the property owner was aware of the condition of the property but did not try to correct it (by not posting a warning sign, etc.)
- That the property owner knew or should have known about the danger, since a "reasonable" person would have found the problem and taken steps to prevent injuries caused by the slip and fall accident (This is the most common situation, as it is not clearly defined and is determined based on common sense).
Thousands of injuries occur each year due to slip and fall accidents. Someone stumbling over a loose brick or falling down an uncovered manhole can easily wind up in the hospital with injuries requiring long-term recovery time. No one knows whether a fall due to a slippery floor in a supermarket like Ralphs, Vons, Albertsons or Stater Brothers will lead to a sprained ankle or a broken leg. It is always wise, therefore, for property owners to take safety precautions and take whatever steps necessary to prevent accidents.
There are, of course, certain situations where exceptions to the general slip and fall and premises liability rules come into play. These might include situations where trespassers come on to property without the permission of the owners and then incur injuries as a result of disregarding trespassing laws. Other examples could also include burglars and uninvited guests coming onto the property. Children, however, are an exception this is rule, since the law recognizes that children often do not perceive danger as well as adults. Property owners must take steps to ensure the safety of children, whether they have permission to be on the premises or not. In the case of employees, there are workers' compensation laws in place that hold employers liable for most on-the-job injuries, including those that result from a slip and fall accident. The amount of damages that the injured person can collect is limited, however.
When it comes to government property, such as public parks, the federal or California state government may bear the legal responsibility for personal injuries incurred on the premises. Premises liability cases against the government are covered by either the Federal Tort Claims Act or similar state tort claims acts. Such cases must, however, be brought within a certain time limit.
If you or a loved one have been injured in a premises liability accident, or if you have questions regarding a slip and fall accident, a premise liability lawyer in California can help you determine if you have a case. Consultations are always free and we never charge any fees unless your case is won. Call anytime.
Estey & Bomberger
California Personal Injury Attorneys
Serious Injuries. Serious Results.
1-800-672-1036
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SERVING ALL OF CALIFORNIA
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