Under California State Law (See also Ca Civ Code Sec. 1714 et seq.; CACI California Jury Instruction 400), land renters, owners and lessors are under a humane duty to make certain people don’t get hurt while ingressing and egressing on their lands and man made structures. Owners and managers of both private and public property, whether an open business, or an unoccupied residential home, or even a municipality, all have a mandatory duty to assure there are no open or hidden dangers. With over 10 years of experience in the personal injury profession, the adept legal crusaders at Ehline Law Firm PC in Los Angeles, will give you the helping had that you deserve in your hour of need. Let us help you process your monetary claim and get you the compensation you deserve with or without the necessity of seeking a court action. Our lead attorney has consecutively been honored, or nominated with high profile peer and client distinctions both on and offline. Our guidance and “do or die” attitude has gained us admittance into the Million Dollar Advocates. Our distinguished reputation has gained us speaking engagements with the Orange County Paralegal’s Association, Cal Bar Tutorial Review, Circle of Legal Trust, and guest appearances on TV shows like Nancy Grace. We often blog and author publications discussing our experiences both in and out of court, and want to invite you into our practice and direct your case to a victory.
- Premises Liability Cases We Help With
- Claims Against Businesses
- Commercial Operators
- Duty to Make Safe
- Grocery Stores
- Employment Injuries
- Govt Claims
- Negligent Hiring – Bouncer Attacks
- Negligent Security and High Crime Areas
- Suing Negligence Residential Property Owners
- Hiring the Right LA Personal Injury Attorneys
Premises Liability Cases We Help Victims With
Lawsuits Against Businesses:
First off, all premises claims have the potential to be very complex, and draw in many potentially liable defendants. Even supremely veteran and experienced law firms sometimes fail to name the proper defendants, or conduct proper discovery to ascertain them. So keep in mind that suits against commercial establishments are usually multi-faceted, and can often involve a large spectrum of potentially responsible parties, including those with “deep pockets”.
As a general proposition, the first defendant in the food chain of financial recovery will be the misfeasant, non feasant, or malfeasant storefront operator. In particular, people who own or run businesses, for example, will typically have large amounts of foot traffic, shoppers and others engaged in commerce, walking and driving to and fro their commercial facilities.
A great example might include a mega shopping mall with vast outdoor and indoor parking lots and a huge food court. The more distractions and human activity, the less aware visitors are of inadvertent hazards like potholes, high or low curbs, broken or malfunctioning doors, stair-steps, and other hazards like cooking oil, busted open condiment packages, french fries and grease, or melting ice in a commonly trafficked area of the mall.
Sadly, hundreds of consumers and perhaps thousands of people that traverse back and forth on the proprietorship of others, while engaging in commercial, and even non commercial activities, can get get seriously wounded, or they are badly mauled, raped, or otherwise injured due to the failure of a property owner to make reasonable inspections and repairs.
Examples include situations where liquid was left on the ground for too long, and someone who cannot see it, such as from bad lighting, or distraction by food displays or signage, trips, slips and falls, and breaks their tailbone, ankle, badly twists their knee, or busts their head open on the floor. A bump on the head after a bad fall could lead to a brain injury, coma or death. This is what we deal with, day in and day out. It could be minor, or it could be devastating. But to you, the victim it is ALWAYS major, and we get it. We are in this thing to get you a big win no matter what the pundits say. When disaster strikes, Ehline responds.
Typically the vast number of injuries are relatively minor. But old folks can die from a mere fall in a grocery store. They can also end up unconscious in the hospital. When individuals are unable to get satisfaction from the people responsible for their injuries, they can file a premises liability lawsuit in Los Angeles Superior Court.
Commercial Structures and Attractions
A person in possession of a large or even small office building has the same duties to the public. Those obligations include the duty to repair, inspect and maintain escalators and elevators in such a fashion as to avoid serious injury or death to those working and traveling within their confines. When safety lapses in these facilities occur, things like bad lacerations and amputation cases often rear their ugly head. The victims will typically need to seek money from the manufacturer, re-manufacturer, building owner and anyone else.
This means that there are a lot of potential defendants. And this is a key factor in these tragic cases, due to the potential severity, multiple parties are an important factor in being able to get enough money to survive on after a permanent disability, or death to a wealth earner in your family. In drastic cases, a person could die from bleeding to death after losing an arm in a broken elevator or mechanical lifting device.
Other cases could arise like drowning in a waterpark, private residence, or getting thrown off of a ride at an amusement parks. It could even be a broken display at a museum that cuts open a child’s fingers, causing a bloody mess. Had reasonable precautions been utilized in the operation of these endeavors, such as adequate warning of dangers signs, barricades, etc., chaperones, and so forth, the risks of injuries and death can easily be prevented. Failing to take such reasonable precautions, holds the defendants liable in tort in court.
The Duty to Secure an Attractive Nuisance
Children in particular can be easily funneled into a uniquely dangerous scenario. Examples include cases when kids live near an abandoned train station, or decrepit and dilapidated building. If the old stricture is not chained off properly, kids could be attracted to go and play. Other examples can include cases like when Anaheim Hills could not properly keep skaters out of the “Blow Hole” (a huge drainage ditch where kids like to skateboard), off of Weir Canyon. Skaters could be seriously injured, and then sue the city or county, or both.
Grocery Stores and Slips and Falls
By far the most common premises liability claims that come across the desk of our slip and fall attorneys, are those involving liquids on the floors of grocery stores. Also very common are those from people tripping upon broken or uneven flooring surfaces at these stores. In both cases, courts have ruled that store operators have a duty to make inspections, often just minutes apart. You see, it is reasonable to assume that a store that sells wet produce, and containers filled with liquid, will have frequent spills.
In addition, ice and refrigerator equipment condensation will continually create a wet and slick environment at a store. Of course, most grocers warehouse their goods in stores with very slick and waxed floors, for health purposes, in germ avoidance. But that must be balanced against the risks of slipping and falling. Even if you did slip, trip and fall, this does not mean you can win. You must be able to prove that you fell in a particular liquid, or dangerous surface. You cannot simply allege that you think the surface is what hurt you. (See eg Buehler v Alpha Beta.)
This is why it is so important to speak to a lawyer before speaking to anyone. Store managers are often trained to extract statements from you that can hurt your lawsuit later on down the road. These are all issues for a lawyer to ponder when determining the tactics of leading your case. If you hire us, this is what we will do for you. That way you can focus on trying to heal up.
Injuries at Places of Employment
Premises liability workplace injury claims arise in many varying ways. One example includes working around toxic chemicals and getting cancer or a brain injury. Another includes being trapped in a building that was supposed to have its door remain open during business hours, and then burning to death along with the other occupants. Passing out in a poorly ventilated room could mean waking up with brain damage, or not waking up at all. Warehouse cash and carry cases, such as home improvement centers with self propelled floor-jacks, forklifts and other equipment running while shoppers are perusing the aisles, creates a particular risk involving ankle and head injuries.
Twenty Four-Seven (24-7) stores like, Home Depot, for example, must take special precautions in eliminating any potential risks of injury to patrons as they are engaged in logging shrink, throwing up pipes and other heavy materials into the overheads. This duty includes barricades and blocking of lanes of entry and exit until such time as overhead storage and maintenance, and shelf stocking is completed. In each case, a third party, in addition to worker’s compensation insurance, could be on the hook for your money damages.
Premises Lawsuits Against the Government
Government agencies are not immune from their duty to keep public places safe. This includes preventing dangerous construction zones, policing public parks and the like. They are under a duty to give adequate warnings of dangers like defective traffic signals, torn up bicycle paths, and avoid running over children at bus stops, or in cross walks, with their construction equipment.
Duty to Make Reasonable Inspections and Mitigation
A landowner is under a duty to seek out dangers on their owned property. This means the that the person or individuals responsible for grounds and building safety must make reasonable inspections the during peak and off peak hours that the doors are open for business, and even at closing time and opening hours. Shopkeepers must seek out and cure and potential defects or dangers, so as to mitigate a potential injury to a passerby.
Bouncer Attacks and History of Criminal Activities
- Criminal Activities: People are sometimes hurt or killed on anothers’ property, when the property owner knew or should have known this was a “high crime” area. When this occurs, the possessor can sued under a unique legal theory, called “negligent security”. A landlord or business owners shall guard visitors from all foreseeable risks associated with establishments located in violent crime locales. So a nightclub, for example, that is located in a crime zone, must take special precautions, like hiring guards, installing security lights, cameras, and equipping the guards with communications equipment.
- Bouncer Attacks: When seeking to hire additional security, the employer must take precaution not to get stuck with a bad apple. For example, a bar that hires security guards, needs to inspect their background to make sure they don’t go aggro on “roid rage”, and take out a customer with excessive force, and may have an additional duty to provide guards and bouncers to protect visitors when there is a history of gang activity, rape, or robberies in and near the business. Nightclubs are a prime example of a situation like this. But it could even be an amusement park like Magic Mountain that is required to take special precautions to keep guests safe if the facts show knowledge of violent gangs frequenting and harming innocent people.
Other Times Negligent Security Comes into Play
When a person under a special duty, like a school teacher (mandatory reporter), fails to protect children, or places them in a school located in a danger zone, or a landlord leases property in a violent area, some jurisdictions have found that the landlord, or teacher and/or school districts can be found responsible. This has even been extended to online bullying and other unique cases. In each of these cases, Ehline Law excels at locating the numerous potential defendants, and protecting the unique claims filing statutes and provisions in order to protect the legal interests of our clients.
Lawsuits Against Residential Property Owners
Believe it or not, liability for unsafe premises extends to trespassers and other uninvited guests, not just those visiting your home with permission. Among the most tragic of these cases are those involving vicious animals like pit-bulls and other dangerous canines. But it could include being bitten by a loose Boa Constrictor, or some other exotic animal that escaped its cage. It could even be a board with a protruding nail on the walkway leading to a home’s front door.
No matter what the cause of the injury, most courts are in accord throughout the U.S.A., that an owner or occupier of land must take logical steps to make their premises safe for all comers. This even includes the sidewalks in front of your residential dwelling. There are literally dozens of potential theories of legal liability for injuries on private and public property. Without legal guidance, most consumers are up the creek without a paddle. Here is a PDF of a form complaint for those braves souls who still think they don’t need legal counsel.
Getting A Dangerous Premises Law Firm
Ehline Law Firm’s Los Angeles premises liability lawyers are run by a world famous attorney, Michael Ehline. He has peer and client recognition that is unsurpassed by many of his competitors. His guidance and leadership has delivered multiple serious injury victims gigantic damages awards and settlements throughout L.A. and other big cities.