Slip and Fall

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Santa Cruz Slip and Fall Lawyer

What is Premises Liability?
Premises liability is the responsibility that a property owner or “occupier” has to anyone who uses that property to keep it safe from hazards. When a property owner doesn’t keep it properly maintained, repaired, inspected or forewarn others of dangers, that party can be found negligent and liable for any accidents and injuries that occur.

Unfortunately, proving negligence can be a complicated matter. If you have been injured in an accident on public or private property due to a hazardous condition, you should seek legal guidance from a Santa Cruz premises accident lawyer to understand your options. At Wave Law Firm, we help protect the rights of individuals who have been harmed due to the negligence of another.

Who Can Be Held Responsible for an Injury on Someone Else’s Property?
When you are injured on another’s property due to negligence, you may be able to bring a premises liability claim against the person or entity that owns, leases, occupies, or controls the property. This may be any one of the following:

A business owner

An individual homeowner
A tenant
A licensee
A management company
A corporation
A store or retail center
A parent company
A government entity or municipality

The responsible party will depend on the type of property and responsibility may be shared between multiple parties. Having the guidance of a Santa Cruz premises liability lawyer will help you understand who may be liable for your injuries in order to pursue a claim for damages.

What Must Be Proven in a Successful Premises Liability Claim

A successful premises liability claim will prove three essential things:

That the property owner owed a duty of care to the injured party -- “Duty of care” is a legal concept that says “a person must act toward others and the public with watchfulness, attention, caution and prudence that a reasonable person in those circumstances would use.” In California, property owners or occupiers owe a duty of care to anyone who uses their property, whether they are invited there or not. The only exception is when an individual is on the property unlawfully.
That there was a breach of that duty of care -- If the property owner’s actions don’t meet this standard, they are in “breach” and acted negligently.
That the negligence was the direct cause of the injuries.

Even though these seem like very simple steps, proving negligence, particularly in premises liability, can be extremely complex. This is when having the help of a California premises liability attorney can make a difference in the quality of your claim.

Damages That Can Be Sought in a Premises Liability Claim

If you have been injured on a property due to a proven negligent act, you may be able to recover damages for your injuries. These can include:

Medical costs, surgeries, medications
Continuing medical care
Rehabilitation and physical therapies
Lost wages
Lost earning capacity
Pain and suffering

as well as other general damages. In many cases, these damages will be sourced by insurance claims, whether it is through an individual homeowners policy or business liability policy. But, as in all things insurance-related, the financial discretion of an insurance company can be in direct opposition to the best interests of an injured party. When negotiations are critical to the sufficient financial recovery of injury costs, it is critical to have the guidance of a Santa Cruz accident lawyer to understand and support all facets of a claim.

What Are the Elements of a Premises Liability Claim?

In California, any individual who has been injured due to the negligent maintenance or management of a property may be entitled to compensation for their injuries. But in looking at matters of negligence, many factors come into play when an insurance company or the courts considers liability. They will consider:

The location of the property
How likely an injury on the property was
How the injured party came to be on the property
How serious the injury was
Whether the owner knew or should have known of the hazard
Whether the owner had time to remedy the hazard
The owner’s degree of control over the hazard
Whether the hazard was open or obvious

Consequently, the owner or occupier is not immediately considered negligent if you have been injured and proving that an owner had knowledge of the dangers and acted negligently can be difficult. Santa Cruz premises liability attorneys understand the complexity of proving negligence and know what supporting information is needed to ensure fair compensation for an injury victim.

Common Types of Premises Liability Claims in California

Accidents covered under premises liability laws can take place on any number of different properties, from private homes to municipal parks. Here in California, there are some common accidents that California premises accident attorneys see frequently.

Slip and Fall Accidents

Common slip and fall accidents may be caused by many hazards including

Wet flooring
Oily flooring
Floor transitions
Elevation transitions on a walkway
Cracks and holes in walkways and sidewalks
Unsecured rugs and carpeting
Stair railings that are missing or broken
Inadequate lighting
Walkway debris
Cords stretched across walkways
Lack of barriers at dangerous areas
Failure to place warning signs at hazardous areas

Your California accident lawyer will help you understand whether negligence may have come into play in your slip and fall accident and if you may be entitled to compensation for your injuries.

Amusement Park or Waterpark Accidents

Anywhere that you have a confluence of large crowds, particularly where there are rides and other activities, it is incumbent upon owners, managers, and maintenance staff to offer a safe experience for everyone.

When it comes to things like amusement parks, waterparks, fairs, and large public gatherings, this should include areas surrounding rides, line-up areas, food service areas, and parking lots. Anyone who is injured due to a hazardous condition at an amusement park or waterpark should speak with a California premises accident attorney to understand if they may be entitled to seek compensation for their injuries.

Retail Store Accidents

Retail store accidents can be caused by many things that may result in injuries. These can include slip and fall accidents due to spills in aisles, tripping over objects in aisles, or being hit by falling objects. Even assaults in a parking lot may be considered under a premises liability claim if there was not sufficient lighting or enough security measures.

The liable parties may be anything from the direct owner of the property to a management company to a corporate entity. Even an employee who was tasked with keeping areas safe can be held accountable. Retail store accident negligence is difficult to prove. This is when having a California personal injury attorney on your side is critical.

Swimming Pool Accidents

A swimming pool that is left unsecured or unsupervised is an accident or fatality waiting to happen.

Drowning is the second most common cause of accidental death in young children today and property owners must take precautions that children do not have access to an unguarded swimming pool area. In California, any pool built or remodeled after 2007 must have a pool fence. An unlatched or open pool area can result in a tragedy as well as a premises liability claim.

Drownings are also often caused by dangerous or defective pool designs, including those related to pool covers, pumps and drains.

Because children often wander onto properties of others and are injured as a result, they are particularly covered under premises liability laws. It’s imperative to speak with an expert California premises liability attorney to understand your rights under the law.

Construction Site Accidents

According to OSHA, there are nearly 252,000 construction sites across the country. Many of these sites harbor hazards for anyone within the area of a construction zone. Although construction sites are required to abide by safety regulations, there are still many opportunities for injuries both on the job and for pedestrians. These can include:

Ladder injuries
Trip and fall injuries
Scaffold injuries
Crane accidents
Roofing accidents
Unmarked hazards
Uneven paved areas
Slippery surfaces
Hazardous materials

If you have been injured on a construction site, you should get the guidance of a Santa Cruz premises liability lawyer to discuss possible compensation for your injuries.

Dog Bite Injuries

If you have been bitten by a dog in California, you may be covered under premises liability law. It is the responsibility of a dog owner to maintain a safe environment for anyone entering the premises. This includes keeping a dangerous dog away from people or putting up appropriate warning signs. Some exceptions are

A dog that is a law enforcement animal in the act of carrying out its duties
If the injured party was unlawfully on the property.
If the injured party was harassing the animal and was partially at fault for their injuries

If you were bitten by a dog, get the advice of a Santa Cruz accident lawyer to understand your rights under premises liability laws.

Inadequate Security and Lighting

A property owner’s responsibility doesn’t end with keeping the physical condition of the property safe. It also requires that the activities on the premises remain safe as well.

Owners of large buildings and commercial properties need to ensure secure access to buildings and have adequate lighting to ensure the safety of tenants and patrons. If a party is assaulted because of a lack of security measures, they may have a premises liability claim.

When Does Homeowner’s Insurance Pay for Accidents?
Homeowners are liable for injuries that happen on their property. Most accidents that take place on private properties will get filed through homeowners insurance claims.

It is important for homeowners to understand the extent of their coverage. Unfortunately, there is often not enough liability coverage in a policy to completely pay for injuries sustained in an accident. There are also often exclusions to injuries caused by dog bites by particular breeds and trampoline accidents. If you have been injured on private property, seek the advice of a California premises liability lawyer to understand your rights to compensation for your injuries.

Who is Responsible For Accidents on Public Property?

Depending on who owns the public property, whether it is city, county, state, or the federal government, that entity is responsible for accidents that occur on that property. Premises liability claims against government entities, however, are subject to different standards with different timelines for filing and different statutes of limitations.

If you have been injured on public property, it is crucial for you to get the representation of a Santa Cruz dangerous condition on public property lawyer to take a look at your claim and advise you of your legal rights.

The Complexity of Premises Liability Claims

Laws surrounding premises liability and proving negligence in California can be complex. Supporting a claim and recovering fair compensation for an individual’s injuries often requires extensive investigation and research.

At Wave Law Firm, we are dedicated to the rights of injury victims and fair compensation for their injuries under the law. If a claim settlement can’t be negotiated, we have no problem litigating the case in court to ensure that you are fairly and adequately compensated for your injuries under the law. If you have been injured on another’s property and you suspect that negligence was at play, contact us for a complimentary consultation to discuss a possible premises liability claim.