Understanding Premises Liability Cases
Although there are number of Premises Liability situations, the most common cases include slip and fall, or trip and fall, accidents. In these cases, individuals can suffer severe injuries due to dangerous conditions including uneven sidewalks, foreign debris or substances on floors, or even suffering from a dog bite.
Negligent conditions including ill-lit stairwells, unmaintained steps, walkways or common areas are also large contributors to Premises Liability injuries. These injuries can be sustained on private or public property, or even property that is owned by a government entity or municipal organization.
Premises Liability Accidents: How Can This Happen?
One reoccurring question that our attorneys hear time and time again after a Premises Liability case is established is, “How can this happen?” And we understand why those who are injured are asking.
Slip and fall accidents are usually the result of a danger making its way to the ground or floor, which is exactly where it should not be. This can include liquids on a retail store floor, or even an uneven surface such as a loose rug or carpeting. Unfortunately, negligence can produce dangerous conditions everywhere, including objects falling from overhead causing injury.
When someone is injured as a result of the negligence involved in these conditions remaining a hazard, we not only ask how could it happen, but we proceed with our cases to insure it does not happen to someone else.
Were You Involved in Premises Liability Accident?
If you were involved in an accident in a retail venue the very first thing to do is assess your injuries. If you are seriously injured, call 911 immediately to get the emergency medical care you need.
Should your injuries not require medical transport, notify an employee immediately and ask that the manager become involved in the filing of a formal incident report. Be sure to obtain a copy of the report before leaving, to insure there are no changes made after your departure.
Record the conditions that caused your injury by taking pictures before the negligent conditions are cleaned up. Ask the manager or employee involved if the retail outlet has surveillance video available, and request the footage be preserved for your records.
Take care to write down the names and contact information of employees, managers, loss prevention staff and any witnesses who were at the scene at the time of the incident, or who were made aware after the fact to record the complaint.
If you are involved in a Premises Liability accident, keep the clothing and shoes you were wearing at the time in the exact condition they are in after the accident. This could be very important to your case later.
Documenting the incident from beginning to end is instrumental in taking your case, and pursuing a monetary settlement. If you are injured in a retail outlet, remain calm and take the proper steps to insure you have all of the information you need to solidify your claim, including notifying the store’s employees. Do not panic, and do not let anyone rush you out of the store in an effort to brush the incident under the rug. If you are injured as a result of negligence, you deserve to be compensated as a result.
The Importance of Proving Negligence
Proving negligence is the cornerstone of a legal case, and thereby is required to pursue damages. Personal conduct can sometime result in injury, without the existence of negligence, and in these cases there is absolutely zero legal obligation to deliver a monetary settlement.
Our legal team will determine, based on our initial free consultation with our prospective clients, whether negligence is involved and resulted in personal injury.
Delivering Success for Premises Liability Clients
Binder & Associates has represented numerous clients who have been injured in retail outlets, including some of the big box stores such as Costco, Home Depot and Lowes. The size of these stores alone leave opportunity for negligence at every turn, including falling objects, boxes, trash cans and heavy items that are not stored properly causing serious injury to our clients.
When items fall from overhead, the potential for neck, head and brain injuries are significant, and we have represented a number of people who were seriously injured in these capacities.
Our firm focuses on pursuing maximum financial recovery settlements for our clients, and in these cases we have been successful time and time again.
Choosing a Respected Legal Partner
At Binder & Associates, our experience carves an incredible path to legal success. We are careful in our partnerships, hiring experts to determine the extent of our clients’ injuries and who is responsible for making them whole as a result. If you believe that you or a family member has been injured in a Premises Liability scenario, contact our legal team today at (626) 793-9124 to understand how we can help you proceed.