Personal injury cases are pretty common these days. But, the type of personal injury cases that seem to pile up are cases regarding premises liability. Premises liability refers to a property owner or operator’s legal liability for injuries. What kind of injuries, one might ask? Well, any sort of injury that occurs due to dangerous, hazardous conditions on the property. Additionally, premises liability cases can occur on public or private property.
When one encounters a premises liability situation, it is in your best interests to contact the best Orange County premises liability attorneys.
Common Premises Liability Injuries in Orange County, California
Mostly, these cases involve victims who sustain serious, debilitating injuries. Even so, these injuries could lead to a lifetime of medical care along with treatment. That is why it is necessary to receive proper compensation. Moreover, compensation in a premises liability case may include the previous and future medical expenses, lost wages, physical pain and anguish, disfigurement, as well as mental distress.
The following are the most common types of premises liability accidents:
- Traumatic Brain Injuries (TBI)
- Spinal Cord Injuries
- Broken/Shattered Bones
- Third-Degree Burns
- Neck and Back Injuries
- Electric Shocks
- Illnesses emanated from exposure to toxic chemical
How is a Property Owner Liable?
The legal process consists of determining who was at fault for the incident. For a claimant to prove that the property owner should be held liable, you should establish the following in the court of law:
- The person in question owns the property.
- The incident occurred due to neglect on the part of the property owner.
- Said negligence directly caused any or all injuries.
- Despite being aware of the defect or deficiency, the property owner didn’t address it or warn the party injured regarding the hazard.
- The injured party was unaware of the threat.
- The injured party could not have detected the defect or deficiency in time to prevent injury sustained.
- The injured party did not misuse the property in any way that could have increased their risk of injury due to the defect.
Common Kinds of Premise Liability Accidents
Slip and Fall Accidents
If a store’s floor is wet and the employees fail to warn customers regarding the condition of the floor, someone may slip on the floor, which would result in an injury.
Unrestrained Dogs and their Bites
If an individual’s unrestrained dog bites you, you may have grounds for premises liability accidents. This is because the law views dogs as property instead of pets or companions. That is why when a dog attacks people; it is considered unsafe property.
Hotel Accidents
When one stays in a hotel, a level of safety and comfort is promised. So, if hotel managers facilitate an unsafe environment (failure to replace broken locks, hazardous materials in rooms or halls), then an injury caused by these would be covered under premises liability law.
Construction Site Negligence
Construction sites and zones where roadwork occurs should always be appropriately marked to caution pedestrians. However, in the event of workers failing to block off construction areas correctly and an injury is sustained as a result, one would be entitled to compensation from either the company or the property owners.
Parking Lot Accidents
Lastly, injuries sustained in a commercial parking lot can likewise be covered under the premises liability law. Therefore, the commercial property owner may be liable under any circumstances you trip and fall or are assaulted in the lot.