Premises liability causes of action refer to the liability of persons for injuries to others arising out of the ownership or possession of real property. This are oftentimes referred to as slip and fall or trip and fall cases. The injured party must prove that the liable party was negligent.
The property owners or occupiers have a duty of care to keep their property in a reasonably safe condition. Those who fail to keep the property in a reasonably safe condition may be liable for injuries sustained on their property.
It’s critical that when seeking out a premises liability attorney in Orange County, that those victims choose one that is both experienced and well versed in this area of law. The attorneys at Hicks Law Firm have recovered millions of dollars for Orange County residents from our offices in Costa Mesa. If you or a family member were seriously injured through the negligence or actions of another, contact us today at (949) 541-9944 to schedule a risk-free, no obligation consultation.
You don’t expect that a routine trip to the grocery store or your local coffee shop will result in an injury that causes you to have to endure daily, chronic pain, yet situations like this happen every single day in California.
If you are here because you’ve been injured in a public or private place as a result of some dangerous condition on the property, you may be entitled to compensation for your injuries. Here are a few things you should know right away:
☑ California property owners are responsible for keeping their property in a safe condition to visitors.
☑ Renters, homeowners, and business owners may carry insurance that will cover injuries sustained on their property.
☑ There may be situations where you are not eligible for compensation for your injuries. It is important to discuss your case with an experienced personal injury lawyer.
Contact us today at (949) 541-9944 for a complimentary consultation of your case.
If you slip and fall in a California store, there are several steps you should take immediately following the accident and in the days to come.
Slip and fall cases and other premises liability claims are generally based on a theory of negligence. The standard of care applied to premises liability used to be divided by categories according to the relationship to the injured party. However, now, California law applies the same basic standard of care to all property owners. Property owners must keep the property reasonably safe for visitors and must warn visitors of any known dangers on the property. Contact a Costa Mesa slip & fall lawyer at Hicks Law Firm today at (949) 541-9944 to schedule a free consultation regarding your matter.
How this standard of care is applied in a particular situation may be impacted by the place and people involved, as these factors will contribute to assessing the reasonableness of the property owner’s action or inaction.
First, let’s explore the basic elements of a slip and fall claim in a place of business in California: duty, breach, causation, and damages.
Duty – First, you must establish that the property owner had a duty to keep the property in a certain standard of care. A business has a legal duty to keep the property in reasonably safe condition for customers and must adequately warn them of any open and known dangers on the property.
Breach – Next, you must prove by a preponderance of the evidence, which means more likely than not, that the property owner failed to take reasonable measures to make the property safe or adequately warn customers of a dangerous condition on the property. An example of this may be a wet floor from a spill without signs warning customers of the condition.
Causation – Then, you must prove that this failure was the cause in fact of your injuries rather than your own actions or an intervening event like the actions of another customer, a natural disaster, or an independent medical episode.
Damages – Finally, you must prove all of the damages you suffered by presenting evidence in court of your medical records, bills, time off from work, and expert opinions regarding your degree of temporary or permanent disability as a direct result of the defendant’s negligence.
If you have been injured on someone else’s property, either in a slip and fall or otherwise, due to a dangerous condition on the property, you may be entitled to recover compensation for your injuries and related expenses.
California property owners have a legal responsibility to make their property reasonably safe for visitors and if they fail to fulfill this duty, they can and should be held legally responsible for the injuries that result.
Premises liability can be complex and fact intensive. Before filing a claim against the property owner, you need to be sure that you have a strong claim that is supported by evidence.
Our team of lawyers at Hicks Law Firm have handled numerous premises liability and slip and fall accident claims. When you choose to work with us, you will receive dedicated attention to your case and an advocate who is as motivated to collect as much compensation for your damages as you are. We are paid on a contingency fee basis, so you do not owe any legal fees unless we win your case. Call 949-541-9944 or fill out our online contact form so we may discuss your case.