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Understanding Premises Liability

Thursday, October 05, 2017

We've all slipped and fallen at some point in time, but if you had an accident that could have been prevented, it's possible that someone can be held liable for it. However, before you start calling lawyers, it's important to understand what liability means when it comes to accidents that happen on someone's property.

What is Premises Liability?

Premises liability is the idea that you should do everything in your power to make sure there are no hazards or dangers on your property created through negligence.

For example, let's say there was a loose floorboard on your stairs. It's been loose for years, but you haven't done anything to fix it. If someone comes over to your house, and they get hurt as a result of that faulty stair, and you did nothing to warn them or prevent them from stepping on it, then you might be considered liable for their injury.

The keyword here is might, because the important question that has to be answered is whether you took precautions to prevent the injury, even if the hazard was still there.

Let's use another example. Say someone in a supermarket aisle drops a jar of pickles, and it shatters on the ground. There's a mess, but worse, it's a slippery mess full of broken glass. Now, if that incident is reported, and the staff knows about it, they have a responsibility to keep other customers safe from it. If the mess is left alone, and someone gets hurt because they slipped and fell in it, then the store is liable because that hazard should have been taken care of. If the store puts down barriers at either end of the aisle, though, telling customers not to enter, then the store won't be responsible for someone who ignores that warning and gets injured. They took a reasonable precaution, and though the hazard still existed (since these things take time to clean), the only way someone could have an accident would be by going around the safety measures put in place.

Some People Are More Entitled to Liability Than Others

It's also important to understand that, while a property owner may be liable in the case of injury, some people are granted more legal protection than others. Customers, for example, are granted the most protection because stores should be safe places to shop, and they're being invited in. Guests and visitors to a place for no commercial purpose (like people coming over for a house party) have the next highest level of protection. The lowest level of protection is reserved for trespassers because even though they shouldn't be on a property, there are still rules regarding their safety.

If you need help with a premises liability case, all you have to do is contact us today!

4 Places Where Slip and Fall Injuries Are Common

Friday, August 18, 2017

yellow-slippery-when-wet-warning-sign-on-tile-floorWhen suffering a slip and fall on someone else’s premises, and the owner of the premises was negligent, you may be entitled to compensation. Slip and falls can happen anywhere, even when you least expect it. Here are common places where slip and falls occur.

When Delivering Packages

Do you deliver stuff for a livelihood? Whether you deliver mail, packages, pizza or flowers, the owner of the property has invited you on their premises and is responsible for keeping you safe from any hazards. If the owner was negligent -- for example, if they failed to remove black ice from their front steps, you may be entitled to compensation.

In Hotels

Hotels may owe you compensation if you slip and fall as a result of their negligence. However, not every slip and fall will result in compensation; hotels have lawyers to help them get out of situations like this. If an employee spilled a drink on the floor and caused you to slip, the hotel will probably be responsible. If you slipped in the shower because of a broken mat, that might also be the hotel’s fault.

In Stores

Stores, including groceries and restaurants, are also required to keep you safe from any hazards. If a waiter spilled oil on the floor and failed to clean it up, you will probably be entitled to compensation. Of course, you will have to prove that they were negligent.

Workplaces

Slip and falls are also common in the workplace. If your employer was negligent, you have a case against them. An example would be faulty equipment that caused you to fall.

Suffered a needless slip and fall? Contact us today for help!

5 Steps to Take After a Slip and Fall

Thursday, August 10, 2017

Suffering a slip and fall injury is never fun. If you slip and fall as a result of someone else’s negligence, you may be entitled to compensation. Here are the steps you should take after a slip and fall on someone else’s property.

Call Medical Help

The first thing to do is take care of yourself. Get medical help so that you can be checked for any broken or sprained bones or other injuries. Having a medical assessment will also give you the opportunity to get documentation about the nature of your injuries.

Document the Evidence

Before leaving the scene, make sure to document the evidence. Take notes of your account. Take pictures of the area and of the things that caused your fall (for example, an icy stairway). This way, the property owner won’t be able to hide the evidence after you leave.

Collect Witnesses

Were there any people who witnessed what happened? Get their names and contact details so you can get in touch with them and collaborate your account. Witnesses are important when the property owner is denying your story.

Keep Your Mouth Shut

Don’t make any statements to the property owner or their lawyers that can be used against you to minimize your compensation. Don’t talk to the insurance agency before you talk to a lawyer. It’s best not to post about your case on social media either.

Get Legal Help

Finally, it’s time to contact an attorney. An experienced lawyer will be able to get your case through all the necessary channels. This way, you will get all the compensation that you deserve.

Suffered a slip and fall injury? Contact us today for help!

Can You Sue The City If You Fall on a Broken Sidewalk

Thursday, April 27, 2017

We have all walked down some pretty terrible sidewalks, the kind that haven’t even been looked at by a city maintenance crew for a couple of decades. A select unlucky few may have even tripped and fallen on these sidewalks and gotten seriously injured. These tripping injuries fall within the realms of slip and fall personal injury cases, but who is to blame when you are on public property?

The city.

If you injury was caused because of a poorly maintained sidewalk, then that injury is the fault of the city. City employees are responsible for maintaining sidewalk properties. If they fail to do so and it ends with you getting injured, then you have a right to sue the city to cover the costs of your injury.

Unfortunately, personal injury cases against the city are not always the easiest cases to pursue. As there have been so many false claims against the city, expect heavy investigation into your injuries as well as well as your personal life. However, if your injuries are real, devastating, and the proven fault of poorly maintained sidewalks, you can expect not only damages to cover your injury, but other punitive damages as well. However, perhaps the best part is that you can be sure that the city will prioritize fixing up that sidewalk to prevent it from costing them more.

If you were injured on one of the less than lovely sidewalks in the Los Angeles area, contact us today to see what the Law Offices of Freeman and Freeman can do for you.

Don’t Delay Medical Care After a Slip and Fall Injury

Thursday, January 26, 2017

Falls are the number one cause of unintended injury, and while they happen every day, many people do not seek medical attention, let alone legal recourse against those responsible for it. Why is that? While slip and fall injuries can cause bruising, swelling, back pain, muscle aches, and immobility, often injuries aren’t so apparent immediately after the injury.

Often, fall injuries don’t present symptoms until the day after the injury, with some symptoms not manifesting for up to a week after. However, while you might think you can walk off an injury, if you want justice from the responsible party, don’t slip up and put off medical treatment.

Not only are you doing harm to yourself by not seeking medical treatment, but you are practically killing your case. If you put off going to the doctor for a day or two after a fall, that is understandable. However, the longer you wait to get medical treatment, the more likely it is that the legal representative of the responsible party will say that your slip and fall injuries were caused by something else. Why else would you wait to see a doctor?

It is best to go to a doctor immediately after a slip and fall accident, if not for your own health, for the health of your potential case. Often, doctors can diagnose an injury before the symptoms even start. If you have been a victim of a slip and fall injury and want to seek damages for your injuries, contact us today.


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From our offices in Woodland Hills, California, Freeman & Freeman, LLP, provides legal advice and representation for clients in communities throughout the state, including those in Burbank, Glendale, Encino, Sherman Oaks, Van Nuys, Tarzana, Santa Clarita, Agoura Hills, Reseda, Canoga Park, Chatsworth, Northridge, Granada Hills, Pacoima, Panorama City, North Hollywood, Thousand Oaks, Simi Valley, Lancaster, Palmdale and Alhambra.