What Is The Legal Standard Regarding Premise Liability?
First of all, you must have a dangerous condition and then the owner, manager or the controller of the property needs to be notified. It can be either actual notice, constructive notice or there can be a code violation, a building code violation, a safety code violation. That is the legal standards.
This can come in two forms; actual notice, they actually knew about it, or a constructive notice that they should have known about it and then there can also be something called negligence per se, this is if you have a code violation that causes the injury, then you will be held responsible.
How Can Liability Be Proven In A Premise Liability Case?
That is the most difficult part of the case, because you may have to prove how long a substance has been on the floor. You can do that in a number of ways, you can probably check out sweep sheets as they are called, you can have eyewitnesses and you can have circumstantial evidence like a substance had been there so long, like water turned into algae, something along those lines. You can check the local codes and take an engineer out to the scene and see if they are in violation of certain codes.
Common Types of Shopping Injuries in California
The most common type of shopping injury is somebody slipping on a foreign substance on the floor. I think that is the most common shopping injury.
Does Getting Hit by Another Customer’s Cart Constitute a Premises Liability Claim?
It probably would not be the owner’s responsibility unless there are some real aggravating circumstances, such as it is an employee or something like that. So, if somebody just runs over you with a shopping cart, it is probably the person pushing the shopping cart at fault, unless there are some extenuating circumstances.
Are Accidents With Parking Curbs Common?
I have had several cases with parking curbs. Sometimes they are in the wrong location, sometimes they are up on the sidewalk, not painted in contrasting colors and it just depends on the situation. But yes, I have had very successful cases with parking curbs, most notably one that was placed upon the sidewalk.
Conditions That Cause Slip And Fall Accidents to Occur In California
It could be poor lighting, a lack of an inspection, like if you were at a grocery store and you went all day long and you did not inspect a produce section, chances are there will be things on the floor. There are code violations which are more patent in nature, they are not moving, they are not going to be gone tomorrow, it is just that no one has ever really looked into that or inspected the site as it is in the job description. Code violations could be a railing on the stairs lose, it could be having steps that are different sizes and things like that. It depends on your municipal codes and laws.
Steps To Take After Sustaining a Slip and Fall Injury
Like any other case, you need to seek medical help immediately. That is the very first thing, your health that you should be concerned about. As far as the case goes, it is always nice to have witnesses’ names, information and phone numbers and to take pictures and try to ascertain what you slipped in or slipped on.
Is Someone Responsible For Notifying The Store Owner?
There is no one truly responsible, but it is always a good thing to notify a manager at the store that you have fallen.
After Gathering Witnesses What Are The Next Steps Involved In A Slip And Fall?
As the next step would be after you have had your medical care, you should consult an attorney because; believe it or not, it is a complex area of the law. They are just not responsible, just because you got hurt. They are not the insurer of your safety just because you are in their store. They are only held responsible for what the law deems them liable for certain acts and a certain conduct. Instead of guessing whether you have a claim or not, you should consult an attorney to be on the safe side, they can guide you as to the appropriate steps to take, if there are any.
For more information on Premise Liability Claims In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 858-909-9090 today.