Orange County Premises Liability Attorney

Experienced Premises Liability Lawyers Serving Orange County, California

Property owners in California are required to anticipate, identify, and address potential safety hazards on their property. They are obligated to ensure that their premises are safe for visitors, tenants, and guests. While landlords or tenants aren’t responsible for every incident that happens on their property, they can be held liable for accidents and injuries that result from their failure to maintain reasonably safe conditions. If you’ve been injured on someone else’s property, our Orange County premises liability attorneys can provide the legal support you need.

In personal injury cases, “premises” refers to any location, parcel of land, or structure that is owned, leased, or legally occupied by an individual (or individuals) with a vested interest in the property.

California’s premises liability laws hold business owners, city municipalities, and property owners accountable for injuries occurring on their properties if the injured party can demonstrate the following:

• The property owner’s actions, whether intentional or unintentional, created the unsafe condition that led to the injury.
• The owner was aware of the hazardous condition but did not take steps to fix it or otherwise prevent an accident.
• The owner should have reasonably been aware of the dangerous condition.
• The defect or hazardous condition directly caused the injury.

Property owners have both a legal and ethical responsibility to either repair or provide notice of any known dangers on their premises. By law, a property owner must regularly inspect the property for conditions that could cause harm; as such, they may be held responsible for injuries that result from dangers that they should have known about but did not.

The Orange County premises liability attorneys at Aitken * Aitken * Cohn have handled numerous premises liability cases. If you believe someone else may be legally responsible for your recent pedestrian accident, contact us. This is especially important if you were:

• A customer, client, patient, or patron in a business establishment
• A visitor in someone’s home
• A tourist visiting a local attraction
• A delivery or repair service person
• And in certain instances, even a trespasser

Comparative Negligence

Negligence isn’t always straightforward, and liability can be complex. In some cases, like in California, the law includes principles designed to fairly distribute responsibility for negligence. California courts will consider whether you played a role in your own injuries. Our experienced Orange County premises liability attorneys will assess your specific situation and help determine if you can still seek compensation, even if you were partially at fault.

Various Premises Liability Claims

Accidents can happen anywhere, and the scope of premises liability law is wide and varied. Negligence may apply in situations such as:

• Wet or slippery floors
• Uneven or broken sidewalk
• Stairways in bad repair
• Poor lighting
• Debris in walkways
• Overly worn carpet or tile
• Broken or inadequate handrails
• Loose or broken stairs
• Loose electrical cords
• Area rugs

Defective or broken equipment such as:

• Broken escalator or elevator
• Defective swimming pool pump
• Unsafe electrical wiring
• Faulty rehabilitation or exercise equipment

Assaults due to:

• Poorly lit parking lots
• Lack of locked doors
• Broken security cameras

Illness/injury caused by:

• Toxic conditions
• Fire
• Dangerous materials
• Unclean air filters
• Asbestos
• Lead-based paint
• Outdoor seasonal decorations

Preventable Accidents Can Occur Almost Anywhere

Accidents can happen anytime, anywhere, and for various reasons, even if some could have been prevented. Serious accidents often occur in places like amusement parks, playgrounds, recreation areas, schools, hotels, college dorms, nightclubs, concert venues, and hospitals. One of the more challenging aspects of premises liability law involves injuries at construction sites. Some of the most common injuries at these sites include:

• Falls
• Electrocution
• Falling debris
• Lack of hazardous warning signs
• Fire
• Explosions

Workers’ compensation regulations, as well as the U.S. Department of Labor’s Occupational Safety and Health Administration’s (OSHA) standards, can seriously impact personal injury claims. Our experienced attorneys will be able to determine what claims you may be eligible to file given the circumstances of your accident.

Common Premises Liability Injuries

Some of the most common injuries involved in premises liability cases include:

Soft Tissue Injuries

Soft tissue injuries, although common after a fall, may not be visible or otherwise present themselves until some time after the accident. Soft tissue injuries include sprains and tears in muscles and ligaments, and they have the potential to cause chronic pain.

Head Injuries

You should always consider a head injury as an emergency, regardless of how insignificant it may seem at the time of the accident. Seek immediate medical care, especially if you have a loss of consciousness. A traumatic brain injury can leave a victim with a broad spectrum of complex symptoms and may result in a lifetime disability.

Open Wounds

Although usually self-limiting, lacerations, abrasions, and puncture wounds can potentially lead to serious infections, such as lockjaw, necrotizing fasciitis, and cellulitis.

Fractures

Broken bones are common in slip and fall accidents. While some broken bones can heal with immobility and rest, more serious breaks may require surgery, and they can leave a victim with permanent scars and disfigurement.

Spinal Cord Injuries

The physical and financial statistics from the Spinal Cord Injury Statistical Center are staggering. Spinal cord injuries are frequently life-threatening and can cost up to one million dollars or more in the first year to treat.

All of the above injuries may require:

• Lifelong medical care
• Lengthy hospitalization
• Long term medications
• In-home medical equipment
• Home health care
• Alternative living conditions.

Our Results

The legal team at Aitken * Aitken * Cohn knows how complicated premises liability cases can be. Catastrophic injuries can lead to lifelong disabilities or even death. At Aitken * Aitken * Cohn, we have extensive experience representing clients in premises liability claims, and our past results reflect our dedication and success.

Wrongful Death Claims

Losing a loved one in any accident is devastating. The family members left behind often struggle to cope with the immediate aftermath, let alone think about their legal options. At Aitken * Aitken * Cohn, we understand that no amount of money can ever replace your loved one, but securing compensation for essential expenses can help ease your stress and worry about the future. Our California personal injury attorneys are here to guide you and your family through the legal options available after a fatal accident. Read more about wrongful death claims in California here.

Time Limits

Contact us today for a free, no-obligation case evaluation. Timing is crucial when considering whether to file a claim. California law generally imposes a two-year statute of limitations for most personal injury claims, which means that you need to file any claim within two years from the date of your accident if you hope to recover compensation.

If your claim involves a public entity, California law provides additional protections and imposes different procedures. To seek compensation for injuries on public property, you must file a letter of intent within six months. Your attorney can help determine the type of claim you need to file.

What To Do After An Accident

Following an accident on someone else’s property, be proactive and protect your legal rights. Document the incident; note the date, time, weather conditions, and circumstances surrounding the accident. Also, consider the following:

• Not all injuries are immediately apparent after an accident. Do not assume that you are not hurt. As soon as possible following your accident, have a medical evaluation for potential long-term problems.
• Notify the property owner or manager of your injury, and ask for a written acknowledgment regarding the injury.
• Do not risk losing evidence that might support a claim. Take photos (with a date and time stamp) of the incident scene, your injuries, and any property damage.
• Record the names and contact information of anyone who witnessed the accident.
• With the exception of law enforcement officials and your attorney, do not discuss the incident with anyone. Don’t post details or remarks about the accident on any social media platforms.

Compensatory Damages

California premises liability lawsuits may include compensation for a variety of damages related to your injury. A claim will likely include economic damages, such as:

• Medical bills
• Property damage
• Lost wages
• Lost earning capacity

California law defines “lost earning capacity” as the difference between what a victim would have earned but for the injury and what he or she is now able to earn following the injury. Although this area of law is complicated, it may be possible to recover monetary compensation for:

• Overtime wages
• Commissions, bonuses, and raises that a victim would have received
• The value of vacation, personal, and sick days
• Profit sharing contributions
• Use of a company vehicle
• Free or discounted meals

A plaintiff can establish the magnitude of his or her lost earning capacity through testimony and documentation, including:

• An employer’s account of the victim’s past history, performance, and the probability of future opportunities.
• Medical reports detailing the before and after health status of the victim, and how the injuries have affected his or her ability to work.
• A vocational rehabilitation expert can justify the need for extensive treatment.
• A financial expert, or economist, can predict salary trends with regard to potential future earnings.
• Statements from friends, family, and coworkers.

A premises liability claim also may involve non-economic damages, which do not involve direct out-of-pocket costs but focus on subjective issues, such as:

• Pain and suffering
• Emotional distress
• Physical impairment
• Disfigurement
• Inconvenience
• Loss of life enjoyment

With over four decades of experience, our nationally recognized attorneys at Aitken * Aitken * Cohn understand the importance of gathering objective evidence to substantiate claims. We take on the insurance companies armed with:

• X-ray reports
• Photos of physical injuries
• Detailed doctors’ and therapists’ notes
• Testimony of friends, coworkers, and family
• Evidence of lost work time

We Know How To Determine The Value Of Your Claim

Insurance companies are not altruistic in nature, and they do not turn a profit by paying out claims. Make no mistake, they will do everything in their power to discredit your case, downplay your injuries, and minimize your compensation.

The property owner’s lawyer and insurance company representatives may argue that you could have avoided the accident if you had exercised reasonable care. This can be a strong defense, which is why having a determined advocate on your side is crucial. Remember, when dealing with your claim, the defendant’s insurance companies:

• Aim to pay as little as possible for your injury
• May attempt to place blame on you for the accident
• Could misuse your medical records to their advantage

Do not speak with an insurance company representative following an accident. Whatever you say could be used against you. Exercise your right to remain silent, as you are under no legal obligation to give a recorded statement. Leave dealing with the insurance company and its attorneys to your attorney.

To close a claim and avoid lengthy litigation, an insurance carrier may quickly try to offer a settlement early on in the investigation process. Before accepting, give yourself every possible opportunity to determine the full value of your claim.

Call Aitken * Aitken * Cohn For Help

Having an experienced attorney on your side can prove extremely beneficial. Premises liability cases and other personal injury claims are complex and complicated, even when they involve fairly straightforward accidents, such as a slip and fall. At Aitken * Aitken * Cohn, our Orange County premises liability attorneys understand exactly what evidence will maximize your financial recovery. You need experts fighting for you throughout your settlement negotiations.

An attorney will navigate the system for you and keep the process running smoothly and efficiently. It’s often the details that make the difference, such as accurately evaluating the situation and properly documenting:

• The extent of your injuries
• Your functional limitations
• Past and future medical expenses
• Your need for, and right to, temporary or permanent home modifications

If you choose Aitken * Aitken * Cohn to represent you in your premises liability claim, and we are able to, your attorney will:

• Act as your liaison with property owners and insurance carriers
• Gather and evaluate relevant evidence
• Depose experts
• Represent you in court
• Strive to maximize compensation for your pain and suffering

Speak To An Orange County Premises Liability Attorney

If you’ve sustained injuries in an accident that occurred on someone else’s property, and you think it could have been prevented, you may be eligible to seek compensation for your injuries. Choosing the right personal injury lawyer may be a deciding factor in your case. Contact Aitken * Aitken * Cohn or online, to schedule your free consultation with one of our experienced Orange County premises liability attorneys today.