Orinda Premises Liability Attorneys
Dangerous Property
Dangerous conditions on property sometimes lead to injury. A natural condition, like a sink hole, can cause a danger. More often, dangers exist because of artificial conditions created on the property by the owner or occupant. These kinds of dangers include wet floors, tripping hazards, structural design flaws, environmental hazards, improper traffic patterns and a wide range of other issues.
Liability for dangerous property is known as "premises liability." The property may be a residential home, construction site, public area, commercial premises, or any other type of property. A dangerous condition under the law is one that poses an unreasonable risk of harm to people on the premises.
Types of Premises Liability Cases
Slip & Fall
"Slip and fall" is a term for personal injury cases which arise when injury is caused when a person slips or trips and falls as a result of a dangerous or hazardous condition on someone elses property. This is the most common type of "premises liability" case. Inside a building, dangerous conditions such as torn carpeting, abrupt changes in flooring, poor lighting, narrow stairs, or a wet floor can cause you to slip or trip and hurt yourself. Outside a building, you may slip and fall because of rain, ice, snow or a hidden hazard, such as a gap or hard-to-see pothole in the ground. Slip and fall accidents can occur on commercial, residential or public property. Regardless of where they happen, all property or building owners have a certain level of responsibility to make sure an environment is safe.
Northern California slip and fall cases are governed by negligence law. To win a premises liability claim, an injured victim has to prove either that the defendant created the hazard that led to the accident or that the defendant knew or should have known about the danger and had it removed or repaired. This can often be difficult to prove, since proving when a given hazard first appeared can be challenging.
Structural defects
Structural damage to a building, often due to age or wear and tear, can be a significant cause of injury. Uneven steps, parking lot potholes, cracked sidewalks, broken tiles or torn carpeting can create dangerous situations for visitors to a building. To prove negligence, we have to prove that the property owner knew or should have known about the problem and failed to repair it. Occasionally, negligence can be proven by violation of a statute.
Building owners must also ensure that the building's structure is in compliance with applicable building codes. For example, handrails and other similar structures typically must be installed at a certain general height. If you fall on a stairway that lacked appropriate handrails, and the lack thereof caused your injuries, you may have a valid claim against the building owner for violating building codes, and should contact an Orinda dangerous property lawyer.
Weather related accidents
Weather related slip and fall accidents are difficult cases for injured plaintiffs. Landowners are generally expected to take reasonable steps to reduce hazards created by adverse weather. This can include, but is not limited to, shoveling snow, salting or sanding icy and slippery spots, and installing anti-slip devices on outdoor steps. As with other cases, if the landowner has no reasonable opportunity to correct the problem, as where a flash flood has created a hazard, the landowner will not be held liable for injuries caused by the hazard.
Dangerous Property Verdicts & Settlements:
Listed below are verdicts and settlements obtained by the Law Office of Balamuth Harrington on behalf of victims of dangerous property related injuries:
Case Name: Steve Doe v. Grocery Chain
Recovery Range: $400,000 - $650,000
Case Name: C. Doe v. Retail Store
Recovery Range: $250,000 - $400,000
Case Name: Doe Family v. Landlord
Recovery Range: $250,000 - $400,000
Case Name: Kelly Doe v. Doe Apartments
Recovery Range: $250,000 - $400,000
Case Name: Brenda Doe v. Property Owners, Property Manager
Recovery Range: $100,000 - $250,000
Case Name: June Doe v. Property Owner
Recovery Range: $100,000 - $250,000
Case Name: Sharon Doe v. Roller Rink
Recovery Range: $100,000 - $250,000
Case Name: Marell Doe v. Doe Defendants
Recovery Range: $100,000 - $250,000
Click here for more information about these premises liability verdicts and settlements.
