Premises Liability
Premises liability law concerns slip-and-fall accidents, among other mishaps, and the parties responsible for such accidents. Under premises liability law, all property and business owners have the express responsibility to ensure a safe environment for visitors and guests under reasonable circumstances. When property owners fail in this responsibility and a guest sustains injury, that guest may have grounds for a premises liability lawsuit and should contact a lawyer immediately.
What constitutes premises liability?
Common Causes for Premises Liability Claims
What constitutes premises liability?
To build a premises liability case, the plaintiff needs to prove one of the following points:
The property owner or manager created the condition that led to injury.
The property owner or manager knew of the dangerous condition but failed to prevent it.
The dangerous condition existed for long enough that a reasonable person should have been aware of and repaired it.
In short, property owners and managers have a responsibility to maintain an environment that is safe for a reasonable person to use.
Common Causes for Premises Liability Claims
Under premises liability law, any condition that is unsafe and that could have reasonably been prevented by a property owner or manager is grounds for a premises liability lawsuit if it causes an injury to someone else. Some of the most common grounds for premises liability claims include:
Unmarked wet floors
Uneven walking surfaces, such as floors, carpets, or sidewalks
Unmarked or broken steps or stairs
Faulty construction
Unsafe food products
Insufficient security
Poor lighting
Lack of warning signs for any dangerous conditions or areas
Workplace injuries, including construction accidents
Contact a Premises Liability Lawyer
When property owners, business managers, and maintenance workers are negligent in their responsibility to ensure a safe environment, innocent people may sustain serious or even catastrophic personal injury. If you feel that you or someone you love has suffered injury as a result of unsafe conditions on another person’s property, it is important that you obtain the counsel of an experienced attorney. We can help you determine whether the injuries you suffered are covered by premises liability and educate you on what to expect as you pursue your personal injury claim. Call us today for a free, no-obligation consultation.
Product Liability
We live in a complex and technical world in which we expect the products we purchase and use to be designed and manufactured in such a manner that they are safe for our use. We also expect that the sellers and manufacturers of products will give us reasonable warnings of dangerous propensities of their products.
Unfortunately, not all designers, manufacturers and sellers of products live up to these expectations and the requirements of our laws with regard to their products. California Product Liability Lawyers focus a large part of their practice on representing individuals who have been seriously injured or killed as the result of defective products. Our mission in pursuing product liability cases is to obtain just compensation for our injured clients and to create an economic incentive for those manufacturing companies to produce safe products and provide sufficient warning of the dangers of their products, ultimately resulting in the saving of lives.
Here are three ways a product may be found to be dangerous:
A design flaw or defect exists when the product was designed with a defect that makes the entire line dangerous even if the manufacturing and assembly was flawless.
A manufacturing flaw or defect exists when a safely designed product becomes dangerous because the manufacturer failed to make the product in accordance with the plans and specifications.
Inadequate warnings or instructions are not complete and do not give clear directions for use of the product.
In some case, you may not necessarily have to prove that the manufacturer was "negligent". Product liability claims, often called "strict product liability" can be established if you are able to prove three things:
The product was defective.
The defect existed prior to the manufacturer releasing the product.
The defect caused your damages.
Our firm has reputable experience in representing individuals who have been seriously injured or killed as the result of defective or incorrectly designed products. If you have suffered injuries due to a defective product you may be able to file a claim against the manufacturer to recover damages. Contact a California product liability lawyer at OC Personal Injury Law Group today to learn more about your rights.
Consumer Product Safety Commission: The U.S. Consumer Product Safety Commission is charged with protecting the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products under the agency's jurisdiction.
To report a dangerous product or a product-related injury, call CPSC's hotline at (800) 638-2772 or CPSC's teletypewriter at (800) 638-8270, or visit CPSC's web site at http://www.cpsc.gov/talk.html. To join a CPSC email subscription list, please go to http://www.cpsc.gov/cpsclist.asp. Consumers can obtain this release and recall information at CPSC's Web site at http://www.cpsc.gov.
Slip and fall/premises liability
Injuries that occur on another person's property are far too common. These may include slips, trips or falls, inadequate security, lead poisoning, construction, farms, swimming pools, fires, explosions, exposure to hazardous materials, athletics, animal bites, and workplace injuries. Often, such injuries are caused by the negligence of another person. If you have been injured while on another person's property, you may be able to file a claim against the property or manager if negligence resulted in your accident.
California slip and fall accidents are very complex and often difficult to prove. A thorough understanding of the ever-changing and fact-specific laws regarding the various and numerous incidents that result in premises liability is essential to successful legal representation.
In California, merely owning or occupying land does not make that person liable for injuries sustained on the property. There must be some form of negligence on the part of the owner or occupier of property before there can be any liability. In order to understand the duty owed by an owner or occupier of land, it is necessary to understand the difference between the owner of the property and the occupier of the property and their relative liability. Likewise, it is necessary to understand the three different types of people who may be on the property because the degree of responsibility owed by an owner or occupier varies according to the status of the person who is injured. These types are invitees, licensees, and trespassers.
If you or a loved one has suffered an injury caused by slipping or tripping and falling on someone else’s property, it is essential to have skilled legal representation as soon as possible. Our team of experienced lawyers has tried a number of such cases and settled many more without the need for trial, resulting in substantial recoveries for our clients. Call us today for a no-obligation free consultation to protect your legal rights!
Spinal Cord Injuries
Spinal cord injuries such as vertebrae fracture and compression often leave people disabled or paralyzed. Additionally, quadriplegia and paraplegia often lead to serious medical complications, increasing the need to for in-home care and hospitalization. However, since the insurance industry typically wants to compensate accident victims for economic losses only, non-economic losses such as diminished quality of life and pain and suffering are almost never included in settlement calculations—that is until an experienced lawyer representing the victim steps in to negotiate.
The personal injury attorneys at OC Personal Injury Law Group represent people with spinal cord injuries due to the following:
Auto Accidents
Truck Accidents
Motorcycle Accidents
Pedestrian Accidents
Bicycle Accidents
Construction site accidents
Slips and Falls
Understanding the Legal Options Available to You for Financial Recovery
Due to the cost associated with spinal cord injuries, most liability coverage and medical coverage is exhausted relatively quickly. Insurance companies are usually interested in settling a case rather than enter into expensive litigation. While we prepare each case for litigation, we are also prepared to negotiate a settlement when our client prefers to do so. While we protect your rights and interests, we always discuss the options available to you throughout the course of your case
If you or a loved one have suffered a tragic injury, it is essential that you talk to an attorney at OC Personal Injury Law Group who has successfully litigated these particular type of accident cases. Call us today for an immediate and no-obligation free consultation.
Sports Injuries
Injuries sustained from participation in sporting or recreational activities demand the immediate attention of an attorney. Recognizing the stress and strain associated with mounting medical bills and lost wages, we're dedicated to getting you back on your feet again financially. As your legal representative, we free clients from having to worry about hassling with insurance companies, initiating medical and employment benefits, or coordinating legal proceedings. Operating as a full-service personal injury law firm, we protect our clients' rights and aggressively represent their interests in any dealings with claims adjusters, other attorneys, or property owners. Knowing your case is in good hands allows you to focus on other important areas in your life as well.
Taking legal action now is a strong first step towards a full recovery.
Negligence and the Voluntary Nature of Sports
Given the voluntary nature of most sporting and recreational activities, it's important to establish the manner in which someone else's actions are negligent. Skateboarding and mountain climbing present different legal issues than playing a pick-up game of basketball. When someone goes beyond the rules of the game or fails to provide a safe environment for competitive play, they can be held liable for their negligence.
If you have been injured while playing any sport, it is essential that you talk to an attorney at OC Personal Injury Law Group who has successfully litigated these particular type of accident cases. Call us today for an immediate and no-obligation free consultation.
Swimming Pool Accidents
As one can imagine, with the hundreds of thousands of swimming pools in California, our state is second only to Florida in swimming pool related injuries and deaths in the United States. Most swimming pool injuries occur because of improperly designed and constructed pools, failure to properly secure a pool from small children, and failure to maintain the swimming pool in good condition. Property owners may be found liable if their negligence lead to the injury or death.
A drowning accident can take the life of any individual, but children seem to be most at risk for drowning. Never leave children unattended around a pool, hot tub, or spa. Remember it only takes a few seconds and a small amount of water to drown a small child.
Our team of experienced lawyers have successfully represented victims of swimming pool accidents. Frequently we have seen terrible injuries caused at an older apartment complex where the pool is not up to applicable codes for handrails or for the height of the steps. One such case we tried to a jury verdict involved a man who was almost killed from the fall he sustained. If you or a loved one has been injured in a swimming pool accident, it is urgent that you consult as soon as possible with a talented, experienced and aggressive attorney. To find out what we think your case is worth, call today for a no-obligation free consultation.
Train Accidents
California Train Accident Attorneys, represent the seriously injured victims of railroad accidents, Metrolink train collisions, and train crashes throughout California. If you have been involved in a train accident and have suffered serious personal injuries call our offices for a free consultation on your legal rights. At OC Personal Injury Law Group, our skilled California train crash lawyers may be able to recover for you the maximum monetary compensation for your train accident related injuries.
Urban population in the United States is increasing at unprecedented levels and with the increase in population comes the need for expanded forms of mass transit. Train travel, once considered a romantic and leisurely way to travel throughout the country, is now a necessary mode of transportation for millions of Americans. In addition, with the expansion of the MetroLink in California, commuter train travel has increased dramatically in the last decade. Unfortunately the number of train crashes has also risen with the increase in passenger travel.
Here are some national United States railroad accident statistics:
Every year there are approximately 3,000 train accidents
Every year approximately 1,000 people will die as a result of train accidents
Almost every 2 weeks a train derailment causes a chemical spill, leading up to vacuations of local residents
There are over 600 railroads and hundreds of thousands of miles of track traversing the country. Many of these rails are used for freight transportation, including cargo, merchandise and chemicals. Trains carrying toxic chemicals are particularly threatening if involved in an accident. Passenger trains use only a fraction of the railroads in the nation, but are still involved in collisions and derailments each year.
Collisions and derailments may occur for a number of reasons. Engineer negligence, inadequate rail maintenance and unsafe operators have all been blamed for train wrecks. Lately, though, there has been an increase in the number of train collisions involving motor vehicles. This controversial issue made headlines this year in January, when a man left his truck on railroad tracks in a botched suicide attempt, causing the Metrolink train to crash into the vehicle and derail.
Our team of personal injury professionals have the experience, knowledge and skill that is required to effectively pursue all types of serious injury cases, including injuries or deaths resulting from California train accidents. We will comprehensively investigate every aspect of your claim to assist you in recovering the highest monetary compensation for your injuries or loss.
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Truck Accidents
In the United States truck accidents take place every 16 minutes, many times resulting in serious physical injuries and fatalities to the people involved. Due to the large size of trucks and 18 wheelers, victims in passenger cars or other similar sized vehicles are at risk for serious injuries, such as:
Internal bleeding
Broken bones
Head trauma
Spinal cord injury
Scars and disfigurement
If your truck accident injuries were the result of recklessness or negligence on the part of the truck driver, you have the right to hold the driver, and possibly his or her employer, liable for your injuries. At OC Personal Injury Law Group our California truck accident lawyers have experience successfully representing clients who have suffered from serious injuries in truck accidents, as well as other types of motor vehicle accidents. We may be able to recover for you monetary compensation for your injuries and other accident related expenses.
For more information about how a California truck accident attorney from OC Personal Injury Law Group may be able to help you, please contact us for immediate assistance. If you or a loved one has been injured in a truck accident in California, please contact the experienced legal team at OC Personal Injury Law Group for a free consultation. We will use our knowledge and resources to achieve the best possible results for you and your family.
Amusement Park Accidents
Amusement parks such as Raging Waters, Disneyland, Magic Mountain, Knott's Berry Farm, etc., are a favorite form of entertainment for families and young people in California. Millions of people from all over the country come to California specifically to go to amusement parks.
Amusement park owners are consistently working to out-do their competitors to increase consumer popularity and revenue. New roller coasters and other amusement park "thrill" rides are cropping up all the time, advertised as being the world's fastest, highest and scariest. Unfortunately, these rides are giving riders a lot more than they pay for, including broken or bloody noses, broken ribs and limbs, whiplash, brain hemorrhages, paralysis and even death. The increase in thrill ride accidents is alarming as hundreds of people suffer minor to serious injuries each year.
The Consumer Product Safety Commission reports that emergency room injuries from amusement park rides rose almost 87 percent in the last five years. The investigation conducted by the CPSC into these injuries concluded that several factors are at fault in these injuries - consumer behavior, operator behavior, mechanical failure, and design defects or limitations. While there may be some question over who is blame for the accident, there is no question that those injured while riding amusement park attractions suffer pain and loss because of their injuries.
Liability for amusement park accidents and theme park injuries involves three types of law - negligence or tort law, product liability law and premises liability law. Amusement parks are notorious for their refusal to admit their liability. Only with experienced and talented legal representation will your rights be protected. If you or a loved one has been hurt at any California amusement park, call us immediately to discuss how you can recover compensation for such injuries!
Aviation Accidents
When an airline disaster occurs, victims and their families need the representation of a committed, resourceful law firm to help them accomplish their goals. Whether those goals include proceeding to a trial to hold a defendant publicly accountable, obtaining a fair settlement early, or just to obtain advice from counsel on how to proceed.
A plane crash is one of the most devastating accidents that can occur. Most airplane accident catastrophes kill all passengers and crew members and cause massive destruction. While travel by airplane is considered one of the safest modes of transportation, accidents do occur every year, killing hundreds and leaving families to grieve their losses. To receive the best possible legal representation, contact an experienced and accomplished attorney that will evaluate your case and offer sound legal advice.
If you are intending to file a claim against an airline or helicopter company to recover damages suffered by you and your family, you must seek the advice of a lawyer who is experienced in aviation law and has a reputation of success in aircraft accident cases.
Our firm has been successful in representing the family of someone killed when the private plane in which he was a passenger crashed when it hit power lines on take off from the airport in Victorville. We were able to obtain over half a million dollars for the victim’s family from the Edison Company, in addition to tens of thousands more from the manufacturer of the engine and of the plane itself, despite the bankruptcy of the manufacturer. If you or a loved one have suffered the tragedy of being in a plane crash, it is essential that you obtain immediate legal representation from a talented, experienced and aggressive attorney. Call today for a free no-obligation consultation.