Dangerous Premises Liability Attorney
Premises liability law is based upon both statute and case law. Many issues arise in premises liability cases that require careful analysis because the laws are complex and establishing liability can be difficult. For these reasons, it is always a good idea to contact a premises liability law attorney for a free consultation.
The premises liability attorneys of Nadrich & Cohen Accident Injury Lawyers have over 65 years combined experience representing accident and injury victims. Contact Nadrich & Cohen Accident Injury Lawyers today for a free case evaluation by calling 1-800-718-4658, or by completing the contact form on this page. We have 24 locations throughout California, with an office near you.
Nadrich & Cohen Accident Injury Lawyers handles the following types of Premises Liability Claims:
- Slip & Fall
- Swimming Pool Accidents
- Amusement Park Accidents
- Dog Bites
- Construction Injuries
- Burn Injuries
- Negligent Security
Most Recent Accident Settlements and Victories
$90,000 Settlement
Negligently-placed wooden pallet caused a shopper to trip, fall and fracture her hip at a retail store.
LEGAL THEORY OF PREMISES LIABILITY
A person entering a property possesses a reasonable expectation that he will be safe, provided that his or her actions do not contribute to a dangerous situation. Premises liability law is founded upon the principle that those who have control over the property, i.e. owners and residents, are liable should an injury accident occur on it. The most common type of injury in premises liability cases is a slip and fall, but there are many types of premises liability claims.
LEGAL STATUS OF A VISITOR
One issue that weighs on the question of liability is the status of the visitor. Under premises liability law, there are three types of visitors that are recognized: invitee, licensee, and trespasser.
An invitee is a person who is lawfully allowed access, such as a customer in a store. The invitee possesses a reasonable expectation that the premises have been maintained in a safe manner.
A licensee is someone who enters a property at the consent of the owner, such as a social guest.
A trespasser is an individual who enters premises without permission. The trespasser does not enjoy an expectation of safety. There are a few, limited exceptions where a trespasser may be able to recover for his or her injuries.
CONDITION OF THE PROPERTY
The condition of property pertains to maintaining premises to a standard that requires reasonable care to ensure the safety of invitees, licensees, and in rare instances – trespassers. The owner has a duty of care to inspect the premises on a regular basis, and either repair dangerous conditions or post warnings of any known dangerous conditions.
CHILDREN AND PREMISES LIABILITY
The Centers for Disease Control and Prevention report that each year more than 200,000 children under age 15 are treated for playground injuries. Where children are expected to be lawfully on premises, such as a playground, additional safety precautions can be required that go above and beyond the duty of care owed to adults.
FALL ACCIDENTS AND PREMISES LIABILITY
Many accidents giving rise to a premises liability claim involve slip and falls. The National Safety Council reports that 8.9 million people are treated in emergency rooms each year for fall-related accidents. The elderly are at particular risk for fall injuries. Each year, a third of adults age 65 and over will fall and require medical care.
Premises liability law is based upon both statute and case law. Many issues arise in premises liability cases that require careful analysis because the laws are complex and establishing liability can be difficult. For these reasons, it is always a good idea to contact a premises liability law attorney for a free consultation.
The California legal team at Nadrich & Cohen Accident Injury Lawyers have over 75 years combined experience representing accident and injury victims. Contact us today for a free consultation by calling 1-800-718-4658, using the live chat feature or completing the contact form on this page.
Premises Liability Law In California
A person entering a property possesses a reasonable expectation that he will be safe, provided that his or her actions do not contribute to a dangerous situation. Premises liability law is founded upon the principle that those who have control over the property, i.e. owners and residents, are liable should an injury accident occur on it.
The most common type of injury in premises liability cases is a slip and fall, but there are many types of premises liability claims.
Types of Premises Liability Claims We Handle:
- Slip & Fall
- Swimming Pool Accidents
- Amusement Park Accidents
- Dog Bites
- Construction Injuries
- Burn Injuries
- Negligent Security
Legal Status of a Visitor In California
One issue that weighs on the question of liability is the status of the visitor. Under premises liability law, there are three types of visitors that are recognized: invitee, licensee, and trespasser.
An invitee is a person who is lawfully allowed access, such as a customer in a store. The invitee possesses a reasonable expectation that the premises have been maintained in a safe manner.
The licensee is someone who enters a property at the consent of the owner, such as a social guest.
The trespasser is an individual who enters premises without permission. The trespasser does not enjoy an expectation of safety. There are a few, limited exceptions where a trespasser may be able to recover for his or her injuries.
Condition of the Property
The condition of property pertains to maintaining premises to a standard that requires reasonable care to ensure the safety of invitees, licensees, and in rare instances – trespassers. The owner has a duty of care to inspect the premises on a regular basis, and either repair dangerous conditions or post warnings of any known dangerous conditions.
We have obtained a $50,000 settlement for a guest whose leg was lacerated after stepping out of a Jacuzzi at a Malibu residence onto a defective step. We have also obtained a $25,000 settlement for a shopper who was injured at the Smoke Tree Village shopping center in Palm Desert when an object fell from a shelf, landing on the shopper’s foot, causing a severe laceration necessitating multiple sutures.
Stairwell Fall Injuries
As California personal injury lawyers, we regularly handle dangerous stairwell and defective handrail injury claims. We have successfully resolved many cases involving trips and falls on stairways, whether caused by bad hand rails, stair railings, defective step design and more.
In most of these cases, we use experts and the California Code of Regulations, Title 24, which is also known as the California Building Standard Codes. We use these codes to show that a premises owner (whether commercial or residential) has not built the structure according to state and national model code standards.
We have succeeded in cases by proving that the stairway is less than the proper width, the stairway did not have the proper handrail or stair railing, did not have two handrails or stair railings when the code indicated it should and it only had one.
We have proven that stairways having more than four risers must have stair railings or handrails and therefore the owner is liable to our client who slipped or tripped on the stairs and did not have the benefit of a handrail or stair railing.
We have used state and local building standards to prove our clients’ cases. Just on these types of cases alone, we have recovered millions of dollars on behalf of California plaintiffs.
We have won cases by showing that the top of stair railings, handrails, installed after April 3, 1997, must have a vertical height between 34 and 38 inches. We have shown where the height is less or greater and that therefore the property owner is liable.
If you or a loved one is injured due to a dangerous stairway, handrail, or stair railing, please contact us. We are contingency lawyers, which means that our representation does not cost you anything unless and until we first obtain a recovery for you. Please complete the case evaluation form on this page or call us to speak with an intake specialist at 800-718-4658.
Children and Premises Liability
The Centers for Disease Control and Prevention report that each year more than 200,000 children under age 15 are treated for playground injuries. Where children are expected to be lawfully on premises, such as a playground, additional safety precautions can be required that go above and beyond the duty of care owed to adults.
Fall Accidents and Premises Liability
Many accidents giving rise to a premises liability claim involve slip and falls. The National Safety Council reports that 8.9 million people are treated in emergency rooms each year for fall-related accidents. Older Americans are at particular risk for fall injuries. Each year, a third of adults age 65 and over will fall and require medical care.
Free Dangerous Premises Case Evaluation
If you have fallen or suffered another injury while legally on another’s premises you may be entitled to compensation for your injuries, wage loss and pain and suffering. It is important that you contact a California Dangerous Premise Attorney as soon as possible, to see if you have a claim for your injuries.
Contact the premises liability attorneys of Nadrich & Cohen Accident Injury Lawyers for a free case evaluation by calling 1-800-718-4658, or by completing the contact form on this page.
SHOULD I HIRE A PREMISES LIABILITY ATTORNEY TO HANDLE MY CLAIM?
Yes. If you have fallen or suffered another injury while legally on another person’s premises, you may be entitled to compensation for your injuries, wage loss, and pain and suffering. It is important that you contact a premises liability law attorney as soon as possible, to determine if you have a claim for your injuries. Contact the premises liability attorneys of Nadrich & Cohen Accident Injury Lawyers for a free case evaluation by calling 1-800-718-4658, or by completing the contact form on this page.
