Premises Liability

//Premises Liability
Premises Liability2018-06-27T07:24:23+00:00

Our attorneys have extensive experience and thorough knowledge of Cal/OSHA safety standards and work with a strong team of investigators who assist in the field. CaseyGerry partners Thomas D. Luneau, who specializes in slip-and-fall cases, and Gayle M. Blatt, our lead premises liability attorney, have represented a diverse set of individuals who were injured in a number of usual and unusual settings. They oversee a team that can call on a wealth of resources to get to the bottom of a case.

Enforcing safety standards

When a person is injured after slipping and falling on the deck of a pool, is bitten by a dog that broke through a damaged fence, gets hurt on the job because a railing wasn’t secured properly or breaks an arm falling out of a broken swing at a city park, the premises liability attorneys at CaseyGerry go to work.

A property owner’s failure to keep their business, home or government facility or roads safe for customers, visitors or workers puts them firmly in line for liability. Our attorneys strongly believe in holding businesses, individuals and governments responsible for damages when they don’t uphold proper safety standards.

A majority of premises liability cases involve slip, trip and fall injuries – as well as unsafe conditions on public property or in the workplace. The outcome of such unanticipated injuries includes mounting doctor, hospital and physical therapy bills, lost wages and perhaps even loss of earning power or well being, as well as pain and other physical or mental distress.

As a victim of an injury due to property owners’ failure to maintain proper safety standards, you may have the right to collect damages – and CaseyGerry can help.

When CaseyGerry takes on a trip and fall accident case, a firm partner assumes responsibility for the case, assembling a team of lawyers, investigators, paralegals and other staff to investigate and research the incident. Unlike most personal injury firms, CaseyGerry employs a full-time investigative staff to thoroughly research every reasonable premises liability claim.

Our attorneys know the intricacies of premises liability law and will work with you to get the necessary details together as quickly as possible – since time is of the essence in these situations. Our goal is settle your case and recoup your losses now and for the future. We also aim to ensure the hazard that caused the injury is corrected – so that others don’t suffer the same fate.

What is the most common type of premises liability claim?
The type of case that our attorneys see most frequently is slip, trip and fall. This term refers to the all-too-frequent situations in which a person slips or trips and falls and is seriously injured in a store, a mall walkway or other commercial space as a result of obstacles in their pathway, substances left on the floor or other conditions that reflect a failure to maintain safe premises.

What obligations do property owners have regarding safety of their premises?
California state law requires that the person, corporation or government entity that controls a property has a duty to maintain the property in a reasonably safe condition for all those who enter the property. An owner of property in a dangerous condition will be responsible if they created the condition (for example, allow a hole to exist in a walkway without covering it up), knew about the condition (somebody had left grease on a floor and the employee knew about it but had failed to have it cleaned up) or should have known about it (a dangerous condition existed but the employer never bothered to check into it).

Unsafe conditions on another’s property caused my injury, do I have a claim?
When the failure of the property owner, or other entity that controls the property, to maintain a property in a reasonably safe condition results in harm to a person, that person may make a claim against the entity.

Does this law apply to government property as well?
California law holds government entities to the same standard. If you have been injured on a public entity’s land or building as a result of that entity’s failure to maintain it in a reasonably safe condition, you may have a claim.

How important is it to file a claim promptly?
In cases involving premises liability, especially if there is a question of negligence, gathering the facts and evidence as soon as possible, before evidence has been lost or destroyed and while witnesses’ memories are fresh, can be critical to the success of a case.

Are there time limits for filing claims?
If you decide to pursue legal action, you should contact an experienced San Diego, California, premises liability attorney as soon as possible to review your situation. Every state has deadlines, called statutes of limitation, which regulate the filing of lawsuits. These vary from state to state. If you or a loved one has suffered serious injuries and believe that a property owner’s negligence was involved, you should not delay in contacting an attorney. If the statute of limitations expires, your right to pursue a claim may be forever barred.

What are employers’ obligations for maintaining a safe workplace?
In California every employer has a legal obligation to provide and maintain a safe and healthful workplace for employees, according to the California Occupational Safety and Health Act of 1973.

Unsafe work conditions caused my injury. Is this premises liability?
An employer has an obligation to maintain a safe workplace. If an employer creates or allows a dangerous condition at a work site which results in injuries to an employee or a contractor, the injured worker may have a premises liability claim. Examples of risks would be a hole left without adequate signage or an employer’s failure to install the safety equipment necessary to prevent falls or injuries. CaseyGerry premises liability attorneys have handled cases of unsafe building conditions such as insufficient lighting in halls or stairways that contributed to a fall, and a malfunctioning elevator that stopped incorrectly, causing persons to fall as they entered or left the elevator.

How can safety experts help in a premises liability case?
CaseyGerry premises liability attorneys frequently consult with safety engineers and other experts who can speak to accepted safety standards, and establish when property owners have not met those standards. The use of expert testimony can be of significant help both in negotiating settlements and in trying a case.

I feel that I have a strong case, but I can’t pay for a lawsuit.
The usual arrangement for hiring a lawyer in a premises liability case is a contingent fee agreement. The attorney agrees to be paid a fee only if the client’s case is ultimately successful, either by settlement out of court or by a judgment following a court proceeding. The attorney then receives a percentage of the final amount recovered. This fee arrangement is helpful for most people facing a complex case involving premises liability because the person bringing the case is not required to pay any fees at the outset. The attorney may be able to advance part or all of the costs of litigation until the conclusion of the case.