When you are injured by an unsafe or defective condition on someone else’s property, you may have a premises liability claim. While some accidents result in minor injuries, negligent ownership or maintenance of premises could result in serious injuries, including fractured bones, burns, traumatic brain injury and spinal cord injuries that leave the victim with large medical bills and significant pain and suffering.
Business and property owners have the duty to keep their premises reasonably safe for residents, visitors and customers. A person injured on a commercial or residential property, must prove that the owner or tenant failed to use reasonable care in owning or maintaining the property, and as a result, the dangerous condition caused the injuries and damages. Establishing premises liability requires a showing that the owner or business tenant either knew or should have known of the unsafe or defective condition and failed to take steps to remedy, or warn about, the dangerous condition. If negligence is established, you are entitled to recover compensation for your pain and suffering, past and future medical expenses, past and future loss of earnings, loss of enjoyment of life, disfigurement and emotional distress.
Insurance companies and their lawyers work hard to try to limit your recovery. It is important to hire an experienced personal injury and premises liability attorney who can properly investigate the case to uncover all liable parties and establish they knew or should have known of the dangerous condition. At the Law Offices of Aksana M. Coone, we have extensive experience in handling a variety of personal injury claims including:
- Slip and falls – These accidents can occur in supermarkets, restaurants, bars, and other commercial and residential premises. Numerous preventable conditions can lead to slips and falls, including wet floors from spills and mopping, slippery foreign substance on floors, overly polished marble floors, sand, gravel and other dry debris on walkways and lack of skid resistant surfaces.
- Trip and falls – Faulty stairwell, uneven pavement, potholes in parking lots, deep cracks and defects in sidewalks or walkways, curb drops without warning, poor lighting, uneven flooring, improperly stacked merchandise, clutter and waste, defective thresholds, loose wires, torn or frayed carpets and rugs, faulty elevators and escalators and hidden hazards can cause trip and fall accidents that could have been prevented by proper maintenance or warnings.
- Negligent security – Lack of any security patrols, incompetent or improperly trained or supervised security personnel and bouncers, or defects in safety equipment, including inadequate lighting, broken locks or gates, lack of security cameras, and failure to inspect for, or warn of, security risks, can result in criminal assault and battery such as bar fights, fights in parking lots, night clubs and restaurants, as well as robberies and even sexual assaults and rapes in office and apartment buildings, malls, schools, parking garages, bars, and other premises.
- Dangerous condition on a public property – Slip, trip and falls and other accidents can occur on government property, such as public parks, government buildings, public streets and sidewalks. In such instances, the federal or state government along with adjacent private property owners may be legally responsible. Premises liability cases against the government require early notice of a claim or the right to make a claim could be lost.
- Dangerous conditions in a residential property – Slippery floors, broken or uneven steps, inadequate lighting, broken or missing handrails, torn carpets, mold, dangerous pools and surrounding areas, faulty appliances or electrical wiring, broken windows and doors can all cause injuries for which the landlord may be liable.
- Dog bites – California law provides that a dog owner is strictly liable for the injuries suffered by any person bitten by the dog in a public place or while lawfully in a private place regardless whether the dog is considered dangerous or ever attacked anyone else before. Puncture wounds, infections, scarring, nerve damage, fractured bones, disfigurement and severe emotional distress are some of the serious and lasting injuries that can be caused by a dog bite attack.
If you or a loved one was injured due to a defective product, you can hold the manufacturer, or seller of the product responsible. Product liability claims could be based on various defects. A manufacturing defect exists when the product was designed properly, but was manufactured with a flaw resulting in a defective product being made and sold to the consumer. A design defect involves products that are manufactured as intended according to all specifications, but their design is inherently dangerous or defective. A product could also be defectively labeled or contain inadequate safety warnings or instructions. Liability based on these grounds is called a marketing defect.
Parties responsible for a product defect include anyone in the product’s chain of distribution that places the product in the stream of commerce and the consumer’s hands, including the product manufacturer, the manufacturer of any component part, the party assembling the product, the wholesaler and retailer selling the product.
Defective consumer and commercial products that can cause injuries include:
- Defective automobiles, boats, and other commercial vehicles and vessels and their parts
- Defective construction, manufacturing and agricultural equipment
- Medical devices and prescription drugs
- Consumer products and appliances
- Food products
- Children’s products including toys, beddings, car seats, baby food
- Dangerous chemicals and hazardous materials including products causing exposure to benzene and asbestos
If you or a loved one were injured in an accident involving dangerous premises or a defective product, you may be entitled to compensation. Contact the Law Offices of Aksana M. Coone for a free case evaluation.