The Slippery Slope of Premises Liability Claims

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The typical personal injury lawyer deals in a variety of different kinds of injury cases. Most commonly, injuries result from all types of motor vehicle accidents including cars and motorcycles, defective products, medical malpractice, and premises liability situations. Of all the different sorts of cases the latter category premises liability, more familiarly referenced as slip and fall, can often be the most difficult type of case to establish negligence or fault on the part of the property owner, the prospective defendant.

In order to establish negligence on the part of the property owner the law requires that the injured party or plaintiff demonstrate that the defendant knew or should have been aware of the problem which caused the fall. To illustrate, a plaintiff slips and falls on liquid on the floor of a supermarket. The injured plaintiff must show that the store knew or should have known that the liquid was on the floor. Often businesses keep "sweep sheets" to show that they regularly survey the floor. These sweep sheets help substantiate that although the liquid may have been on the floor they cannot be held responsible for knowing about it. Another problem for plaintiffs in establishing fault on the part of the defendant in a premises liability case is that the victim, it may be argued, was not watching where they are walking and could have successfully avoided the slip and fall injury had they exercised more awareness of their surroundings. This argument, if successfully delivered, would make the plaintiff at fault either in whole or in part for their own accident.

To illustrate the particulars of slip and fall responsibility:

A landmark case over a slip and fall injury due to a banana peel came down to a critical point. The main question posed by the judge hearing the case was whether "the banana peel was yellow or brown?" In other words, if the banana peel was yellow then it had fallen shortly before the accident and the store cannot be expected to be watching all places at all times for the possible fallen banana peel. But, if the banana peel was brown then the implication is that it had been there for an extended period of time and the store, it could be argued, should have known about it and taken action to remove it.

Many plaintiffs' law firms will shy away from slip and fall cases. When seeking legal representation for a slip and fall injury, it is of great necessity to find an attorney that understands that exhaustive case preparation is necessary in order to marshal all the evidence to have a meaningful chance of showing the defendant is at fault. While premises liability cases demonstrate unique difficulties not presented in the typical personal injury case, they often can be won through meticulous case preparation and zealous representation.

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The Slippery Slope of Premises Liability Claims

Image : http://www.flickr.com

The typical personal injury lawyer deals in a variety of different kinds of injury cases. Most commonly, injuries result from all types of motor vehicle accidents including cars and motorcycles, defective products, medical malpractice, and premises liability situations. Of all the different sorts of cases the latter category premises liability, more familiarly referenced as slip and fall, can often be the most difficult type of case to establish negligence or fault on the part of the property owner, the prospective defendant.

In order to establish negligence on the part of the property owner the law requires that the injured party or plaintiff demonstrate that the defendant knew or should have been aware of the problem which caused the fall. To illustrate, a plaintiff slips and falls on liquid on the floor of a supermarket. The injured plaintiff must show that the store knew or should have known that the liquid was on the floor. Often businesses keep "sweep sheets" to show that they regularly survey the floor. These sweep sheets help substantiate that although the liquid may have been on the floor they cannot be held responsible for knowing about it. Another problem for plaintiffs in establishing fault on the part of the defendant in a premises liability case is that the victim, it may be argued, was not watching where they are walking and could have successfully avoided the slip and fall injury had they exercised more awareness of their surroundings. This argument, if successfully delivered, would make the plaintiff at fault either in whole or in part for their own accident.

To illustrate the particulars of slip and fall responsibility:

A landmark case over a slip and fall injury due to a banana peel came down to a critical point. The main question posed by the judge hearing the case was whether "the banana peel was yellow or brown?" In other words, if the banana peel was yellow then it had fallen shortly before the accident and the store cannot be expected to be watching all places at all times for the possible fallen banana peel. But, if the banana peel was brown then the implication is that it had been there for an extended period of time and the store, it could be argued, should have known about it and taken action to remove it.

Many plaintiffs' law firms will shy away from slip and fall cases. When seeking legal representation for a slip and fall injury, it is of great necessity to find an attorney that understands that exhaustive case preparation is necessary in order to marshal all the evidence to have a meaningful chance of showing the defendant is at fault. While premises liability cases demonstrate unique difficulties not presented in the typical personal injury case, they often can be won through meticulous case preparation and zealous representation.

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Do You Have a Case? Facts and FAQ's About Premises Liability

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In California, if you are injured on someone else's property, and your injury resulted from an unsafe condition, you may have a legal claim against the property owner. Here are some FAQ's about California premises liability and your rights under state law.

What kinds of property are covered by California law?

Property includes stores, parking lots, and other commercial buildings and their surrounds. It also includes job sites, including constructions sites, and land and buildings owned or controlled by municipal entities such as cities and towns, water districts, and the state itself.

What does the law require of property owners?

The person who owns or controls a property has a duty under the law to maintain that property in a safe condition for anyone who enters the property, including visitors, customers, suppliers, contractors and other tradespeople, and workers.

What kinds of unsafe conditions are covered?

The property owner is responsible for unsafe conditions that the owner created or allowed to develop. Examples would be broken pavement that made a walkway unsafe, an unsafe elevator that is not repaired, a failure to keep stairwells properly lit, or a spill that was not cleaned up. Property owners or their designated representatives are expected to show reasonable diligence in inspecting property for hazards, and seeing that they are resolved.

Are unsafe conditions on job sites covered?

The California Occupational Safety and Health Act of 1973 is very clear about employers' obligation to assure that employees have a safe and healthful workplace. This would include maintaining halls and stairwells in the workplace free of hazards, installation and use of safety equipment on machinery and provision of appropriate safety equipment for workers.

Are there other kinds of unsafe conditions?

Here is a list of additional conditions that frequently lead to injuries:

Trash or debris left where it can be a hazard
Broken or missing railings
Broken steps
Exposed electric wires
A hole left uncovered, and without warning signage
Failure to install smoke alarms, or smoke alarms not working >
Lack of security lighting, or lighting not working
Emergency exits not marked, or locked during working hours
Hazardous materials not stored safely.
Vehicles, tools, and other potentially dangerous objects not stored securely
Warning about worksite hazards absent or inadequate

What can I do if unsafe conditions on someone else's property caused my injury?

If you have been seriously injured because of unsafe conditions, you may have a claim against the person or entity that controls the property. You should consult as soon as possible with an experienced premises liability lawyer, who can help you determine how to proceed?

Why do I need to act as soon as possible?

If there is any question of negligence, it is critical to talk to witnesses while their memories are fresh, and to gather evidence before it is destroyed or lost. Moving quickly on your concern can improve your prospects of a successful resolution.

How do expert witnesses get involved in premises liability lawsuits?

An experienced premises liability lawyer may work with safety experts, including safety engineers who can testify about safety standards and legal requirement and point out the ways that a property owner failed to meet those requirements.

Lawsuits can be expensive. How can I pay for my case?

Premises liability lawyers usually work out a contingent fee agreement. This means that the lawyer will be paid only if the client's case is resolved successfully, either by a negotiated settlement with the property owner, or if this is not possible, by a court case resulting in a judgment in favor of the claimant. The lawyer's fee is an agreed-on percentage of the settlement. A contingent fee arrangement is helpful for many people, because the person who has been injured does not have to front any money for the cost of filing, depositions, expert witness fees and other costs of prosecuting an expensive lawsuit.

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