Orange County Premises Liability Lawyer
If you have been injured in a premises liability accident in Orange County, you need aggressive legal representation to protect your rights. Contact our premises liability attorneys at Beckerman Anderson today to get the justice and compensation you deserve.
In California, property owners are expected to anticipate, identify, and fix possible safety hazards. They have a duty to their guests, tenants, and visitors to keep their premises safe. Renters and landlords are not liable for every single accident that takes place on their property, but they can be held accountable for injuries that stem from their failure to maintain reasonably safe conditions. If you are hurt on another person’s property, you should seek the legal advice of an Orange County premises liability lawyer from Beckerman Anderson.
The term “premises,” so far as personal injury cases are concerned, refers to a structure, parcel of land, or place that is legally occupied, leased, or owned by someone with a vested interest.
Premises liability laws in California hold property owners, municipalities, and business owners responsible for injuries that happen on their properties provided that the injured victim can show that:
- The owner’s action or inaction, whether deliberate or accidental, was the cause of the hazardous condition that resulted in the injury.
- The owner was aware of the hazardous condition but made no attempt at replacement or repair or, in some other way, failed to stop an accident from taking place.
- The owner could have been reasonably expected to be aware of the hazardous condition.
- The hazardous condition or defect was the cause of your injury.
Property owners have both an ethical and legal responsibility to either fix or give notice of any known hazards on their property. Under the law, a property owner is obligated to routinely inspect the property for situations that could cause injuries; as such, they can be held liable for any harm that results from hazards of which they should have been aware but were not.
The Orange County premises liability attorneys at Beckerman Anderson have handled numerous premises liability cases. If you feel that someone else could be legally liable for your accident, give our offices a call, especially if you were:
- A client, customer, patron, or patient in a business establishment
- A visitor in somebody’s home
- A sightseer visiting a tourist attraction
- A repair service or delivery person
- And in rare cases, a trespasser
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Legal Status of Visitors in California
When an accident takes place on public or private property, the legal status of the injured victim must be correctly identified since it specifies whether or not they are entitled to financial compensation. Legal statuses in the state of California are as follows:
- Invitee: An invitee is someone invited onto the property, such as a customer at a retail store. The fact that the manager or owner has taken reasonable precautions to ensure their safety is implied.
- Licensee: A licensee is someone who, with the consent of the manager or owner, comes onto a property for their own reasons. Landscapers, contractors, plumbers, and other persons doing business for or with a manager or property owner are considered licensees.
- Social Guest: A social guest is a person who is allowed on the property by the homeowner, such as for a barbeque or holiday party.
- Trespasser: A trespasser is someone who enters a property without having any right to do so. In most cases, managers and property owners do not have a duty of care to trespassers to prevent injury. The landowners’ duty to warn, however, differs for minor children not allowed to be on the property. Landowners are required to inform children who are likely to be on the property of the potential for an accident due to a hazardous condition.
If you have a legal right to be on a property or were invited as a guest when your accident and injuries occurred, you might have a valid claim against the manager or property owner. Establishing negligence in this situation can be problematic, which is why it is so important to work with a qualified attorney from Beckerman Anderson.
Comparative Negligence
Not all negligence is viewed equally, making situations that involve liability quite complicated. Many states, of which California is one, have formed legal doctrines intended to distribute fault for negligence equitably. California law states that courts must consider whether or not the plaintiff contributed to their own injuries in any capacity. Our experienced Orange County premises liability lawyers will review the facts of your specific circumstances and determine if you are entitled to pursue financial compensation, even if you shared in the liability for your accident.
An accident can occur anywhere, so the scope of California premises liability law is varied and wide. Negligence can apply in scenarios including:
- Slippery or wet floors
- Broken or uneven sidewalk
- Stairways in a state of disrepair
- Inadequate lighting
- Debris in walkways
- Worn-out tile or carpet
- Insufficient or broken handrails
- Broken or loose floorboards or stairs
- Loose or frayed electrical wiring or cords
- Unsecured area rugs
Broken or defective equipment such as:
- Broken elevator or escalator
- Faulty swimming pool pump
- Outdated electrical wiring
- Defective exercise or rehabilitation equipment
Assaults caused by:
- Inadequately lit car parks
- Doors that won’t lock or are not equipped with locks
- Non-working security cameras
Injury/Illness caused by:
- Toxic chemicals
- Fire
- Hazardous materials
- Dirty air filters
- Outdoor seasonal decorations
- Lead-based paint
- Asbestos
While some accidents are completely preventable, they can, for the most part, take place anytime, anywhere, for any reason at all. Playgrounds, amusement parks, schools, recreation areas, university dorms, hotels, concert venues, nightclubs, and hospitals are common settings for serious accidents. One of the most complicated areas of premises liability in California is construction site accidents. Some common construction site accidents involve:
- Falls from a height
- Shock/Electrocution
- Falling scrap or debris
- Inadequate or missing warning signs
- Explosions
- Fire
The United States Department of Labor’s Occupational Safety and Health Administration’s standards, as well as California Workers’ compensation regulations, can have a serious impact on your personal injury claim. Our experienced lawyers can determine what claims you are eligible to file and with whom after we review the events leading up to your accident.
Some common injuries involved in premises liability claims include:
A head injury should always be regarded as an emergency, no matter how trivial it seems at the time. You should seek immediate medical attention, particularly if your injury caused you to lose consciousness. If left undiagnosed and untreated, a traumatic brain injury can cause a wide variety of symptoms and could result in a lifetime disability.
Even though they are common accident-related injuries, soft tissue damage might not be immediately apparent. In fact, they often do not make themselves known until days or even weeks following an accident. Soft tissue injuries include tears in ligaments and muscles, as well as sprains, and they could potentially leave a victim facing chronic pain.
Broken and fractured bones are a common consequence of slip and fall accidents. Although some broken and fractured bones will heal through rest and immobility, more severe breaks and fractures will require surgery that can leave you with permanent scars and a lifelong disability.
Financial and physical data provided by the Spinal Cord Injury Statistical Center is shocking. Spinal cord injuries are usually life-threatening and can cost more than one million dollars in treatment in the first year alone.
While self-limiting, puncture wounds, abrasions, and lacerations can lead to life-threatening and serious infections, such as cellulitis, necrotizing fasciitis, and lockjaw.
Any of the injuries mentioned above could require the following:
- Lifelong medical care
- Extended hospitalization
- Long-term prescription drug use
- In-home medical devices
- Home health care
- Alternative living arrangements conditions
At the Costa Mesa law firm of Beckerman Anderson, we understand the intricacies involved in Orange County premises liability cases. A catastrophic injury could leave an injured victim with a permanent disability or even lead to their death. At Beckerman Anderson, we have years of experience successfully representing our clients in premises liability claims, and our case histories are indicative of our dedication and hard work.
Premises Liability Statistics
Personal injury cases involving property owner negligence cases are extremely common. In California, people are involved in accidents that leave them seriously injured every day, and premises liability is one of the main causes. Listed below are a few relevant statistics that highlight just how dangerous a premises liability accident can be:
- Premises liability claims make up slightly more than 10% of all personal injury cases.
- Premises liability accident victims collect more than $4 billion annually in the United States.
- Every year, more than 36 million adults in the United States are injured during a fall, resulting in around 32,000 fatalities.
- Roughly 60% of falls, trips, and slips take place in retail and wholesale establishments.
Wrongful Death Claims
Losing someone you love in any kind of accident is devastating. Those left behind are often left traumatized and are struggling to process the impact of the incident. Worrying about their legal options is the furthest thing from their minds. At Beckerman Anderson, we know that no amount of economic recovery will make up for the loss of your family member, but collecting financial compensation for your related expenses can go a long way toward alleviating your anxiety about your financial future. Our California personal injury lawyers are able to advise you on the legal avenues open to you after a fatal accident.
Statute of Limitations
Time is a critical factor when you are trying to decide if you want to initiate a legal claim. California personal injury law sets the statute of limitations for almost all personal injury claims at two years from the day the injury occurred. Missing this deadline means you will be unable to recover any financial compensation at all, regardless of the facts of your case.
Personal injury law in California also offers public entities an additional level of protection by imposing slightly different procedures when it comes to filing a claim against one. Even though it is not impossible to recover damages for injuries you sustained on public property, you will have to file a formal letter of intent within 180 days. Your lawyer can tell you what kind of claim you need to file.
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What To Do After An Accident
After you are injured in an accident on another person’s property, there are some steps that you can take to ensure that your rights and your claim to any compensation are protected. Write down a brief description of the incident, including the time, date, any notable weather conditions, and the events leading up to the accident. It is also important to your claim to consider the following:
- Never assume that you are not hurt. Not every post-accident injury is immediately apparent. As soon as you are able to do so, seek a medical evaluation to rule out or diagnose any possible long-term issues.
- Inform the manager or property owner that you have been injured. Request a formal, written acknowledgment of the injury.
- You don’t want to run the risk of losing evidence that will support your claim. Take pictures that include a time and date stamp of the scene, any visible injuries, and any damage done to the property.
- Document the names and contact details of any bystanders who witnessed your accident.
- With the exception of the responding officers and your personal injury attorney, never discuss your accident with anyone. Never post comments, pictures, or details regarding your accident on social media.
Compensatory Damages
In California, premises liability suits often include financial compensation for a scope of damages associated with your injury. Your claim will probably provide recovery for damages, such as:
- Medical expenses
- Property damage
- Lost income
- Lost or diminished earning capacity
Lost earning capacity is the discrepancy between what you would have earned had you not been injured and what you are able to earn after your injury. This type of damage is difficult to prove, but it is possible to collect financial compensation for the following:
- Overtime earnings
- Raises, bonuses, and commissions that you would have received
- The value of any sick, personal, and vacation days
- Use of a company vehicle
- Profit sharing contributions
- Discounted or free meals
Most plaintiffs are able to prove the extent of their lost earning capacity through documentation and testimony, including:
- Their employer’s account of their past performance, history, and the likelihood of opportunities for advancement.
- Medical reports that detail your overall health and physical capabilities both before and after the accident and how your injuries have impacted your ability to do your job.
- Expert testimony by a vocational rehabilitation expert to explain why you need costly medical treatments.
- Expert testimony by an economist or financial expert to predict how your salary would have increased in the future.
- Statements from colleagues, family, and friends.
Many premises liability claims also include non-economic damages, which involve assigning a dollar value to emotional, subjective losses, such as:
- Pain and suffering
- Emotional trauma
- Physical disability
- Inconvenience
- Disfigurement
- Diminished quality of life
The personal injury attorneys at Beckerman Anderson have years of experience. We recognize the importance of collecting vital evidence to substantiate our client’s claims. We go up against major insurance companies with proof that includes the following:
- X-rays and medical reports
- Pictures of your physical injuries
- Detailed notes from physicians and therapists
- Testimony from family, colleagues, and friends
- Proof of time away from work
We Can Calculate The Value Of Your Claim
By nature, insurance carriers are not generous. They want to turn the biggest profit possible by offering low settlements and denying valid claims. An insurance company will do everything in its power to discredit your claim, downplay the severity of your injuries, and reduce your financial compensation.
The defendant’s insurance company representatives and their lawyer will probably argue that, had you shown due care, your accident could have been avoided altogether. This is an effective and often-used defense and just one of the reasons why you need an assertive legal advocate by your side. With regards to your claim, remember that the defendant’s insurer:
- Wants to pay you the smallest amount possible for your injury
- Will try to shift the blame for your accident onto you
- Deliberately exploit your medical records
Never speak to a representative from the insurance company after an accident. Anything you say, no matter how benign, can be taken out of context or used against you. No matter what they say, you are under absolutely no legal obligation to provide them with a recorded statement. Leave the hassle of dealing with an insurance adjustor to your attorney.
In order to settle your claim as quickly as possible and avoid a drawn-out litigation process, the insurer might offer you a settlement very early on in the investigation. Before you accept, however, you should at least make sure that you know your claim’s full value.
Having a qualified lawyer by your side can be extremely advantageous for your injury claim. Premises liability claims, like other personal injury cases, are complicated, even when an accident seems relatively straightforward, like a slip and fall. At Beckerman Anderson, our Orange County premises liability lawyers know precisely what evidence is needed to maximize your compensation. You deserve to have professionals fighting for your rights during your settlement negotiations.
A reputable attorney will be able to skillfully navigate the legal system on your behalf and ensure that everything runs as efficiently and smoothly as possible. In premises liability claims, the devil is in the details, so it is vital to accurately assess the situation and correctly document:
- The nature and severity of your injuries
- Any functional limitations you did not have before
- Current and projected medical costs
- Any necessary permanent or temporary modifications to your home or vehicle
After you sign with Beckerman Anderson to represent you in your premises liability case, we will:
- Serve as your liaison between the insurance company and the property owner
- Collect and examine all relevant evidence
- Depose experts
- Skillfully represent you in court
- Work diligently to maximize your financial compensation
The most prominent area of premises liability is the slip-and-fall accident. If you have been injured in a slip and fall, you are not alone. According to the National Safety Council, roughly nine million non-fatal slip and fall victims are admitted to hospital emergency rooms across the United States every year. That’s around 30% of all accident-related injury visits.
The most common slip-and-fall injuries include broken bones, sprains, and various traumas to the hands, fingers, wrists, ankles, lower legs, toes, and feet. Many slip-and-fall accident victims sustain traumatic brain injuries. In fact, slip and fall accidents are the number one cause of these devastating injuries that often result in memory problems, impaired thinking, mobility issues, sensory issues, and problems with behavior and emotional regulation and function.
Sometimes generically referred to as “premises liability” cases, a slip and fall accident takes place when someone slides, slips, trips, or falls and sustains an injury on another person’s property. This kind of personal injury claim is viable when the manager or property owner failed to take the necessary actions to repair or clearly mark a potentially hazardous area.
Most slip-and-fall accidents lead to multiple kinds of injuries that require medical care. If you are injured in a potential premises liability accident, it is essential to pursue medical attention, even if you feel unharmed or like your injuries are minor.
The attorneys Robert Beckerman and John Anderson of the law firm Beckerman Anderson APC in Costa Mesa, California, focus their practice on representing clients who have been injured in slip-and-fall accidents. Accidents that occur when someone trips and falls on the property of another person and sustains injuries are referred to as slip-and-fall accidents. This can include conditions such as wet floors, uneven surfaces, cluttered walkways, or any other potentially hazardous circumstance that is not clearly marked or fixed in a timely manner.
Accidents caused by slipping and falling can take place anywhere, including on sidewalks, in stores and restaurants, in hotels and apartment buildings, and even in hotels. In certain circumstances, the owner of the property could be held liable for the accident and any injuries that resulted from it.
There is a wide variety of potential causes for slip and fall accidents; however, some of the most common include wet or slick surfaces, areas with poor lighting, uneven or broken pavement, clutter or debris on the ground, and other similar factors. These dangers can be brought on by a variety of different things, such as spills that are not cleaned up in a timely manner, uneven surfaces that are not clearly marked, or objects that are left in walkways.
It is important for property owners to take reasonable precautions to prevent slip-and-fall accidents on their properties. Some examples of these precautions include promptly cleaning up spills, maintaining lighting levels, and keeping walkways clear of clutter.
If you want to be awarded damages in a case involving a trip and fall, you will need to demonstrate that the property owner was at fault for the incident that caused the injury. This means demonstrating that the property owner knew or should have known about the hazardous condition on the property but failed to take reasonable steps to fix it or warn others about it.
You might need to collect evidence in order to accomplish this, such as statements from witnesses, photographs of the scene, and any documentation that is pertinent (such as maintenance records or security camera footage). Because of their extensive prior work on cases involving trips and falls, the attorneys at Beckerman Anderson APC are able to assist you in developing a compelling argument and establishing who was at fault.
Accidents involving slipping and falling can result in a variety of injuries, ranging from relatively minor abrasions and cuts to more serious fractures and head trauma. Sprains, strains, and broken bones, in addition to cuts and bruises, are among the most typical types of injuries that people sustain.
Accidents that involve slipping and falling can sometimes lead to more serious injuries, including concussions, broken necks and backs, and even paralysis in extreme cases. These injuries can occur in some cases. After experiencing a slip and fall accident, it is critical to seek medical attention as quickly as possible in order to ensure that any injuries are treated appropriately.
Insurance may be able to help cover damages and medical costs in many cases involving falls caused by slipping and falling. If the owner of the property you were injured on has liability insurance, it is possible that the policy will pay for the cost of your medical treatment as well as any other damages you may have incurred as a result of the accident.
On the other hand, it is essential to keep in mind that insurance companies may attempt to reduce the amount of money they pay out, which is why it is frequently beneficial to have an experienced slip-and-fall attorney on your side, such as those found at Beckerman Anderson APC, to help negotiate a fair settlement.
You may be eligible for compensation from the property owner if you sustain injuries as a result of a slip-and-fall accident that occurred on the property of another person. This is due to the fact that property owners are under a legal obligation to keep their premises safe for guests and to either address any hazards that might cause injuries or post warning signs about them.
If the owner of the property fails to do this and you sustain injuries as a result, you may be able to receive compensation for your injuries as well as any other losses you incurred as a result of the incident. The lawyers at Beckerman Anderson APC can advise you on your legal options and assist you in pursuing the compensation you are entitled to receive.
Accidents caused by slipping and falling can take place anywhere, including on public property like sidewalks, parks, or government buildings. In situations like these, the government agency that is responsible for the property’s maintenance may be held liable for the accident that occurred on the property. However, it is essential to keep in mind that the government enjoys immunity from many different kinds of lawsuits; consequently, it may be more challenging to recover damages in a case involving a slip and fall accident that occurred on public property.
The lawyers at Beckerman Anderson APC have experience handling the kinds of cases that you’re dealing with, and they can assist you in understanding your options and in pursuing the compensation that’s rightfully yours.
It is possible that you could be eligible for workers’ compensation benefits if you were injured at work as a result of a slip and fall accident. When an employee sustains an injury on the job, they are eligible for workers’ compensation, which is a form of insurance that compensates them for medical bills and lost wages.
If you were hurt at work as the result of a slip and fall accident, it is imperative that you notify your employer as soon as possible about the incident and seek medical attention for your injuries. The attorneys at Beckerman Anderson APC are able to assist you in comprehending your legal standing and making certain that you get the workers’ compensation benefits to which you are entitled.
The significance of keeping records following a trip and fall accident
In the event that you are involved in a slip and fall accident, it is imperative that you document the incident in as much detail as is practicable. This includes taking photographs of the scene, obtaining the contact information of any witnesses, and maintaining a record of any medical treatment that you receive. This documentation may prove to be essential in establishing liability and claiming financial compensation. You can count on the legal professionals at Beckerman Anderson APC to assist you in collecting and storing this vital evidence.
After an accident involving slipping and falling, the statute of limitations for filing a lawsuit in the state of California is very short. The term “statute of limitations” refers to this particular time limit. The statute of limitations for filing a personal injury claim in most states is two years from the date of the accident.
It is imperative that you are aware of this deadline, as missing it could prevent you from obtaining compensation for the injuries you sustained if you fail to file a lawsuit within the applicable statute of limitations. The legal professionals at Beckerman Anderson APC are able to guide you through the process of comprehending the statute of limitations and ensuring that your case is submitted within the allotted amount of time.
The statements made by witnesses can be an essential component of a case involving a trip and fall. If you have witnesses who were present at the time of the accident or who saw the hazardous condition that led to it, their testimony can support your claim for damages and help establish who was at fault. The lawyers at Beckerman Anderson APC can assist you in locating potential witnesses, conducting interviews with those witnesses, and presenting the results of those interviews in a manner that is most beneficial to your case.
Even if you don’t believe you have any serious injuries after a slip and fall accident, it is imperative that you get medical attention as soon as possible after the incident. It’s possible that some injuries, like those to the head or the spinal cord, won’t be immediately apparent, but they still might be serious and need to be treated as soon as possible.
Additionally, seeking medical attention can assist in documenting the extent of your injuries as well as the treatment that was administered, both of which can be useful when pursuing financial compensation. Your injuries should be properly documented, and the lawyers at Beckerman Anderson APC can make sure that this happens for you. They can also help you understand how important it is to seek medical attention.
In the event that you sustain injuries as a result of a slip and fall accident, you might be unable to return to work for a while. This can lead to a loss of wages, which can be a significant burden on a person’s financial situation. As part of your claim for compensation, you may, in certain circumstances, be able to recover damages for lost wages. [Case] The lawyers at Beckerman Anderson APC are able to assist you in gaining a better understanding of your options for recovering lost wages and pursuing the compensation that is rightfully yours.
Accidents involving slipping and falling can sometimes lead to long-term disability for the victim. Because of this, it’s possible that you won’t be able to go to work and bring in money like you normally would. This can be a significant burden on your finances. If you have been injured in a slip and fall accident and are unable to return to work as a result, you may be eligible for disability benefits through workers’ compensation, Social Security, or other programs.
The lawyers at Beckerman Anderson APC are able to guide you through the process of determining your eligibility for disability benefits and make certain that you get the assistance you require.
How retaining the services of an experienced attorney who specializes in slip-and-fall cases can help you recover damages
If you have been hurt as a result of a slip and fall accident, retaining the services of an attorney who specializes in such cases can be extremely helpful. The attorneys at Beckerman Anderson APC have extensive experience handling cases involving clients who have been injured as a result of slipping and falling.
They can assist you in comprehending your legal options, collecting and presenting evidence, and negotiating with insurance companies or the owner of the property in order to secure the compensation that is rightfully yours. Do not make the mistake of attempting to handle the legal process on your own; instead, get in touch with Beckerman Anderson APC to secure the representation you require.
The attorneys at Beckerman Anderson APC have extensive experience handling cases involving clients who have been injured as a result of slipping and falling. They can assist you in comprehending your legal options, collecting and presenting evidence, and negotiating with insurance companies or the owner of the property in order to secure the compensation that is rightfully yours.