California law places a duty of care on property owners and occupiers to keep their property in a reasonably safe condition. This duty of care requires property owners to maintain and inspect their property, repair any potentially dangerous conditions, and/or give adequate warning of any dangerous conditions. A property owner or occupier who negligently fails to keep the property in a reasonably safe condition may be liable for any injuries sustained as a result of their negligence.
Below are some of the most common incidents which result in premises liability for the owner:
A slip and fall case typically starts with a wet floor – whether the floor be wet from water, grease, soap or slippery surface. A “slip” is caused by a loss of friction with the floor surface, causing the foot to slip outward and upward, resulting in a fall. Slip and fall accidents can be caused by spills, plumbing leaks, mop water, ice, beads or any other substance which makes the floor slippery.
Slip and falls can happen anywhere, but they often occur at hotels, restaurants, grocery stores, at work, on stairways and at public venues. Injuries typical of a slip and fall accident include back of the head, neck, back, hip, and spinal injuries.
A trip and fall happens when the victim trips and falls over a raised mat, loose carpet, uneven floor or uncovered cable. A “trip” occurs when the victim’s foot meets resistance from a hidden object, affecting the victim’s stride and resulting in a fall.
Trips can also result from broken floors, poorly placed items and poorly lit spaces. Floor mats, steps, uneven floors and cables can lead to a tripping accident resulting in injuries to the face, head, spine, hand, arm, elbow and knee.
Some public venues like grocery stores place floor mats on the ground when floors are wet, such as after mopping or when it is raining outside. While floor mats may help prevent slipping when floors are wet, they create an unnecessary tripping hazard when floors are dry. Floor mats are a common cause of trip and fall accidents and they create a dangerous condition if left out after floors are dry.
Floor mats left on the ground when floors are dry create a tripping hazard which may result in premises liability for the owner or operator of a property.
You can expect insurance companies to treat your premises liability claim skeptically and offer you little or nothing compared to the true value of your claim. They will blame the accident on you. They will downplay the nature and extent of your injuries and the degree of your pain and suffering. They will deny coverage partially or completely to avoid financial responsibility. Do not expect insurance companies to offer you a fair settlement. If you experienced serious injury due to one of the conditions described above, you should contact an experienced premises liability attorney before contacting an insurance company.
James Iagmin has 20 years of experience as a San Diego premises liability lawyer and has a proven track record of achieving the best possible results for his clients. Jim is recognized by his clients and fellow lawyers for being intelligent, compassionate and caring in addition to being an outstanding attorney. Jim is a leader among attorneys and served as President of the Consumer Attorneys of San Diego. You can read more about what Jim’s clients and fellow lawyers say about him on AVVO.
If you were injured on a dangerous premises through no fault of your own, you may be entitled to recover for medical expenses, lost wages, property damage, pain and suffering and other damages suffered as a result of the incident. James Iagmin has the skills and experience necessary to achieve the best possible resolution in premises liability claims.
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