In a personal injury case, a defendant may attempt to use what is called the “open and obvious” rule as a defense. The “open and obvious” rule is an exception to premises liability law, which can be utilized as a defense by a property owner to explain why they should not be held liable for injuries a fall on...
Continue ReadingIf you sustained injuries in a slip and fall accident on another party’s property, you likely have questions about who will pay for your injuries and other damages. Depending on the circumstances of your accident, you might have a legal claim against the property owner, business, caretaker, etc. However, pursuing a claim can be complicated. If you’re searching for...
Continue ReadingGrocery stores often present an ideal scenario for slip and fall accidents. Food can spill in aisles, grocery store staff members regularly mop the floors, and parking lots present their own risks. Instead of waiting until a slip and fall accident occurs, many clients want to know what to do if they slip and fall in a store. We...
Continue ReadingSlip and fall accidents, also called trip & fall accidents, occur with alarming frequency. This often worries property and business owners who fear they will face liability in the event of a trip & fall on their property. In the event the fall occurred due to a lack of proper maintenance, the property owner could face liability under the...
Continue ReadingSlip and fall accidents occur more frequently than one might think. In fact, the National Floor Institute reported that falls account for over 8 million emergency room visits annually. Falls can happen in a number of places like the workplace, a grocery store, or a public parking lot. In California, individuals injured due to negligent property maintenance can bring...
Continue ReadingAfter a slip and fall, the prospect of a lawsuit can be scary. A court case can be daunting whether you are a property owner facing a premises liability lawsuit filed against you or an accident victim preparing to sue. If you are involved in a slip and fall case, you may be wondering how each stage of the...
Continue ReadingAs a general rule, businesses and other property owners have a duty to ensure that their property is safe. However, sidewalks are unique because it isn’t always up to a property owner to maintain their sidewalk; sometimes it’s the local government’s duty. Regardless, if you’ve been injured in a sidewalk accident, you may be entitled to compensation, and Silva...
Continue ReadingUnfortunately, trip and fall incidents cause serious and lasting injuries. When the trip and fall have occurred on someone’s property, and it results in injury, there is a potential premises liability case. In the process of determining liability, the court may apply what is called the “trivial defect” defense. If you have been involved in a trip-and-fall incident and...
Continue ReadingWhile no one expects to sustain an injury while doing their weekly grocery shopping, it unfortunately happens. The most common injury in grocery stores is slip and fall accidents. These types of accidents can be caused by a variety of factors, such as stray produce and other products that have fallen of shelfs, a wet floor, or unattended ladders...
Continue ReadingIf you’ve been injured tripping and falling on a sidewalk, you may be entitled to compensation from the municipality, the property owner or both. These cases are complicated and claimants are unlikely to be successful in collecting large amounts of compensation on their own. There are also short deadlines and picayune requirements for filing notice with municipalities that can...
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