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What is the Difference Between Premises Liability vs. Negligence?

Premises Liability

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Navigating the Legal Complexities of Premises Liability and Negligence

Navigating the legal landscape after an injury can be daunting, especially when dealing with complex terms like premises liability and negligence. Understanding these concepts is crucial for anyone seeking compensation for injuries sustained due to someone else’s negligence.

Premises Liability: Holding Property Owners Accountable

What Is Premises Liability?

Premises liability focuses on the legal responsibility of property owners to maintain a safe environment for visitors. If you’re injured due to hazards on someone’s property, such as a slip and fall, dog bite, or inadequate security leading to an assault, you might have a premises liability claim.

Key Elements

In a premises liability claim, the injured party must establish specific elements to build a compelling case. Firstly, the injured party must demonstrate that the property owner had a duty of care, a responsibility to guarantee the safety of individuals on their premises. Secondly, proving a breach of duty is crucial, indicating that the property owner failed to meet the standard of care, thereby creating unsafe conditions. Thirdly, establishing causation is pivotal, linking the dangerous conditions directly to the injuries sustained by the plaintiff.

Lastly, the injured party must provide evidence of damages incurred due to the accident, such as medical expenses, lost wages, or emotional distress. Proving these elements is fundamental in premises liability cases, as it forms the basis for seeking compensation for the harm endured while on another person’s property.

Key Points to Remember

Property owners must ensure that guests are safe while on their property.

To make a successful claim, you must prove the property owner’s negligence led to your injuries.

Common scenarios include accidents in stores, restaurants, or public places due to unsafe conditions.

Negligence: The Broad Spectrum of Personal Injury Cases

What Is Negligence?

Negligence is a broader legal concept encompassing various situations where someone’s failure to exercise reasonable care harms others. This could include car accidents, medical malpractice, workplace injuries, or defective products.

Key Elements

In a negligence claim, the plaintiff must establish the “four Ds” to build a strong case. First, the plaintiff must demonstrate that the defendant had a duty of care, a responsibility to ensure safety, which varies based on the relationship between the parties involved. For instance, drivers must adhere to traffic laws. Second, the plaintiff must prove dereliction, indicating that the defendant breached the established duty of care by acting negligently or failing to act when a reasonable person would have. Third, the plaintiff must establish a direct cause, showing that the defendant’s breach directly led to the injuries sustained. Lastly, the plaintiff must provide evidence of measurable damages, such as physical injuries, emotional distress, or financial losses, resulting from the defendant’s negligence. These elements are fundamental in proving negligence and are crucial in seeking compensation.

Key Points to Remember

Negligence extends beyond premises-related incidents to include a wide array of scenarios.

To prove negligence, you must establish that the defendant had a duty of care, breached that duty, and caused injuries due to their actions or inactions.

Examples of negligence include car accidents caused by distracted drivers, medical errors, or injuries due to defective products.

Key Differences Between Premises Liability and Negligence

The distinction between premises liability and negligence lies in their scope, standards of care, and common scenarios. Premises liability concerns accidents on someone’s property due to unsafe conditions, focusing on property owners’ duty to maintain a secure environment. In contrast, negligence encompasses a broader spectrum, including road accidents, healthcare mishaps, workplace incidents, and defective products, considering the general standard of care applicable to specific situations, like a driver’s responsibility to obey traffic laws.

While premises liability cases often involve slip and fall accidents, inadequate security, or animal attacks, negligence claims can arise from diverse circumstances, emphasizing the need for tailored legal approaches in personal injury cases. Understanding these differences is vital when navigating the complexities of the legal system to ensure the appropriate legal action is taken based on the specific circumstances of the incident.

Why Understanding the Difference Matters

Empowering Decision-Making

Knowing whether your situation falls under premises liability or negligence empowers you to approach your case strategically. It helps you understand the specific legal principles at play and what elements must be proven for a successful claim.

Choosing the Right Legal Support

Armed with this knowledge, you can select a legal professional experienced in the relevant area. Whether you need a premises liability attorney or a personal injury lawyer specializing in negligence cases, you can make an informed decision when seeking legal representation.

Ensuring Fair Compensation

Understanding the nuances of your case helps you advocate for yourself effectively. You can work closely with your attorney, providing them with the necessary details to build a strong case, ensuring you have the best chance of receiving fair compensation for your injuries and losses.

Why Legal Experience Matters

Navigating the complexities of personal injury law requires experienced guidance. Legal professionals specializing in personal injury cases possess the knowledge to identify the applicable legal framework, be it premises liability or negligence, ensuring your case is pursued effectively.

They can assess the specifics of your situation, gather compelling evidence, and build a robust argument to support your claim, increasing your chances of obtaining fair compensation for your injuries and losses.

Your Path to Justice

At Weinberger Law Firm, we understand the challenges you face after an accident. Our dedicated team is here to guide you through the legal process, ensuring your rights are protected and advocating for the compensation you deserve. Call Weinberger Law Firm today at (916)661-4464 to schedule a free consultation to discuss your case.

Don’t wait. Let us be your advocates in your pursuit of justice.

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Trampolines are a popular backyard toy, but they are a serious safety risk. Many people will let neighbors or their children’s friends come over to play on the trampoline. Doing this could put you at risk for a liability claim should a child suffer an injury.

Understanding how dangerous trampolines are can help you to decide what to do and prepare yourself to make a safer space for visitors.

Risks

The Cleveland Clinic explains trampoline injuries can result from many situations, but the most common are falls. Other issues may come from trying to do stunts, which can result in head, shoulder, neck and back injuries. The springs are another danger that could result in serious injuries.

Safety

To keep things safe, you need to install different devices. Your trampoline should have a net around it and covers on the springs. In addition, you should make rules for using the trampoline. Children should never be allowed to play on it without adult supervision. You also might want to enforce a rule that allows only one person at a time on it.

Set up the trampoline on a flat and solid surface as well. Make sure that you check it often for damage. It is also a good idea to limit use to only older children since statistics show younger children are most at risk of injury.

Kids love trampolines, and they can be a great source of exercise. They also are good at keeping kids occupied for a long time. But they are dangerous. Injuries can range from sprains to broken bones. It is important that you take the time to safeguard your trampoline and ensure that you enforce rules to keep users safe.

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Slipping and falling could inflict painful injuries and even endanger your health. In the event a negligent property owner is responsible for your fall, you should know in advance how to safeguard your rights to compensation.

Keep the following three tips in mind in case you should experience a fall somewhere beyond your own home.

Take pictures and video

Chances are that you will have a smartphone on your person during a fall. Your phone is a good way to gather evidence on the scene. However, you might not be able to get up unassisted if your injuries are serious. Sfgate explains that you may try activating the recording function on your phone. This should be enough to collect pictures and sound that could be of help to you later on.

Ask witnesses to support your claims

If you were in a location with multiple patrons when you fell, it is likely one or more people watched you fall. If they agree with your account of your injury, they could bolster your claim if the property owner denies responsibility. If you are able following your fall, you may gather contact information of eyewitnesses.

Limit what you say while reporting your injury

If you report your fall to a supervisor or anyone who is in charge of the property, be cautious of what you say. Reporting that you have fallen puts your injury on the record and adds evidence to your case, but if you say something that makes it appear that you bore responsibility for your injury, the property owner could use your own words against you.

Falls can require medical treatment and even hospital stays. Older fall victims can also experience emotional trauma. If you seek compensation, be sure that you have done all you can to support your claim.

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As you decorate your property and work on features you want in your yard, you may notice that these areas could be unsafe for children.

When children enter your property, including when they are technically entering without permission, they are at risk for getting a serious injury.

Heights

According to Cornell Law School’s Legal Information Institute, children are not trespassers in the same way that adults are. You must offer reasonable protection for them to prevent them from getting hurt since they are technically an invitee.

Tall pieces of equipment and huge metal structures used for construction can be potential sources of injury if children climb up on them. Falling from a few feet above the ground can lead to serious head or back trauma, including spinal cord issues.

Interesting structures

One of the most common structures that you may find in a yard is a swimming pool. Children can easily fall into the water, especially if there are no signs or warnings surrounding the area.

An old car that you are working on may have sharp parts and rusted pieces of metal in it. Since this could attract children’s attention, there are many ways that this could be appealing to them to play on. Construction sites and equipment can also have the same problems.

Fun equipment

Since children are too young to know how dangerous skateboard ramps and tree houses can be, taking reasonable measures to keep them secure is important. Locking up entrances and putting warning signs around the area can help keep them from falling or hitting their heads.

Knowing what qualifies as an attractive nuisance and how these places and items can lead to injuries is important for anyone who owns land.

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If you lose your footing and injure yourself in a store, you may face a host of new challenges, such as physical pain, inability to perform daily functions like you used to, and inability to work to support your family while you heal. Even if you are not eager to bring a lawsuit and go through the legal process, you need compensation for the economic and physical toll that your accident has taken on your life. Under what circumstances can you hold the storeowner legally responsible for a slip and fall?

What makes a storeowner legally liable

The mere fact that you suffered an injury inside of a store does not automatically make the owner liable for your injury. Instead, your attorney will have to prove the existence of certain elements before you stand a chance of being successful in a lawsuit.

First, there must have been a dangerous condition. In the setting of a store, this is most often something like spilled liquid, uneven stairs, a broken railing, unstable shelves and so forth.

Next, your attorney must prove that the storeowner or their employees knew about the hazard, or that they would have known about it if they had exercised a reasonable level of prudence and care.

Finally, the storeowner’s employees must have failed to take adequate steps to mitigate the danger – such as by quickly mopping up the spill, posting signs, and otherwise warning customers of the potential danger. This is because California law imposes upon every property owner the responsibility to exercise reasonable care to keep their premises safe for visitors.

What you can recover

If you are successful in your lawsuit, you can seek compensation for your medical bills. You can also ask for damages resulting from your physical and emotional suffering, as well as any missed pay resulting from your inability to work. In rare cases, if your injury results in permanent disability, you might be able to recover for your loss of future earning capacity.

Slip and fall cases can be nasty, and can result in considerable suffering for the victim. Sometimes, pursuing a claim against the storeowner is the only way to be made whole again after the accident.

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It is a nightmare situation that happens all too often; a child incurs an injury while under the care of a trusted childcare facility. Daycare staff must go through rigorous background checks and first aid training. Even a small mistake can have dire consequences- just a few years ago a young child died after ingesting a pushpin at a daycare facility. The child was permitted to use the restroom without supervision and discovered and swallowed a pushpin in this time. These types of cases are horrific and devastating, especially when it’s entirely preventable. If you or someone you know lost a child due to the negligence of a daycare facility, contact an injury attorney in Sacramento immediately.

Hazards

  • Improper storage of cleaning materials and medications
  • Improper storage of sharp objects such as scissors and knives
  • Stairwells or entryways to dangerous areas such as high-traffic hallways
  • Poorly maintained daycare vehicles
  • Poorly maintained or manufactured furniture
  • Poorly maintained, manufactured, or organized storage facilities, for example with heavy materials stored on high shelves, increasing the risk of collapse or falls.
  • Improper use of cribs
  • Use of any recalled products
  • Insufficient supervision in a wide range of circumstances

Possible Injuries

  • Falling
  • Being struck by falling objects
  • Ingesting a dangerous item
  • Choking
  • Pet bites
  • Bites or injury from other children
  • Poisoning
  • Chemical burns
  • Injury during transportation in daycare vehicles
  • Physical abuse from staff
  • Emotional abuse from staff

No parent should ever have to go through losing a child. The emotional agony in addition to financial burdens can be overwhelming. Contact an injury attorney in Sacramento who can fight your legal claim.

Applicable Laws & Regulations

  • There must be a ratio of 1:4 staff to children when children are 6 weeks to 18 months
  • There must be no more than 12 children receiving care at a facility at one time when children are 6 weeks to 18 months
  • There must be a ratio of 1:6 staff to children when children are 18 months to 3 years
  • There must be a ratio of 1:12 staff to children when children are 3 to 4 years
  • There must be a ratio of 1:14 staff to children when children are 5 years and older
  • There must be emergency numbers posted by every phone in the daycare facility
  • There must be a stocked and easily reachable first aid kit at the facility
  • Hazardous chemicals and poisonous materials should not be accessible to children
  • Staff must be certified in pediatric first aid

There are many other relevant laws, including those regarding licensure and background checks of employees. Every case is different and an experienced injury attorney in Sacramento can help you with yours.

Though many daycare facilities require parents to sign forms promising not to sue should their child be injured while in the center, these usually do not hold up in court if the injuries are severe.

How to Build a Case

  1. Prove the daycare facility had a duty of care to protect the child from harm
  2. Prove the daycare facility violated this duty of care
  3. Prove that this breach of the duty of care resulted in an injury to the child
  4. Prove the foreseeability of the injury
  5. Prove the extent and expense of the injury of the child

What to Do after an Incident

While it may be the last thing a parent wants to think about, especially in the tragic case of a child’s death, it’s important to act within a reasonable amount of time to hold the daycare responsible for their negligence. This gives you the financial means to recover from the cost of care for your child and possibly prevents future incidents.

Daycare centers are required to do everything possible within reasonable means to protect a child from injury. Neglecting this responsibility could be considered as negligence in a court of law. The cost sustained from injury may include actual medical costs, loss of income due to missed work, as well as compensation for pain and suffering.

Speak with an Injury Attorney in Sacramento about Daycare Negligence

If you have a child that has suffered physically or mentally while under the care of the staff at a daycare facility, it is important to contact a knowledgeable law firm who can help you get the compensation you deserve. Call (916) 357-6767 for a free consultation with an injury attorney in Sacramento.

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As if being robbed or assaulted while on someone else’s property, or at a place of business wasn’t enough! Now you have serious injuries that require medical attention!

What happens if the assailant gets away and there is no possibility of recovering your damages from them? You may not know, but property owners have a responsibility to provide a reasonably safe environment, and if they do not, they may be deemed liable for injuries sustained on their premises.

Property Owner’s Responsibility

In California, property owners are required to ensure their premises are safe, habitable, and in good working condition. If any of these conditions are not met, then the property owner could be sued for damages that result from their neglect. This is governed by premises liability law and determining whether or not you have a case can be a complicated task. You should consult with a personal injury attorney if you have been injured on another’s premises and feel the injury could have been avoided had the property been properly maintained.

What Does Safe Mean with Regards to Crime on the Premises?

The law states that for a property owner to be liable for injuries sustained on their property, they must reasonably have been able to detect the flaw that caused injury. In the case of a slip and fall accident caused by a broken stairway, the landlord most certainly should have noticed and remedied the issue.

When we enter the realm of injuries caused by crime on that same landlord’s premises, it becomes more difficult to prove that the owner should have reasonably assumed the crime could happen. Better yet, how could the landlord have mitigated the occurrence of that crime or further protected those that occupy the property? These are all questions for a qualified Sacramento personal injury attorney, call today for a free consultation!

If it can be shown that crime is prevalent at a location, and the landlord was aware, California law may require them to have security on the premises. If security was not present, or security was acting negligent, there may be grounds for a suit. Precautions that could or should be taken include:

  • Hiring security personnel
  • Restricting street access to the premises with fencing or gating
  • Modifying operating hours
  • Trimming foliage to allow clear lines of sight
  • Installing anti-crime light fixtures
  • Installing security cameras

Contact Sacramento Personal Injury Attorney Today

If you or a loved one has been injured do not hesitate and contact a Sacramento personal injury attorney at The Weinberger Law Firm to discuss your legal options. We have offices in Sacramento & Folsom for your convenience and have the resources and expertise to aggressively litigate your case in court, fighting to get you just compensation for your injury.

Call (916) 357-6767 today for a free consultation with our Sacramento personal injury attorney regarding your personal injury case.

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We all know that we need to have certain types of insurance, and our agents tell us that we should have other types, but how do we know what insurance we really need? Lucky for you, we understand your situation and have taken the time to provide you information on important lines of insurance that everyone should carry.

Premises liability insurance is generally included in a homeowners insurance policy, or a commercial General Liability policy package, and covers owners for liabilities related to their ownership of real property. It is important to note that premises liability falls under a general liability policy, and policyholders will only be covered for damages related to bodily injury and property damage (“BI / PD”) and personal injury (PI). Contact a personal injury lawyer for any specific questions you have.

Common Premises Liability Claims

  • Dog Bites and Other Animal Related Injuries – Pet owners are liable for the injuries that their animals cause to others regardless of where that injury takes place, but if that incident takes place at your home, your premises liability coverage on your homeowner’s policy is designed to provide coverage. As long as your policy does not contain a dog bite exclusion, you will be able to make a valid insurance claim – it should be noted, however, that some policies will have a special exclusion that excludes certain breeds, such as a Pit Bull, Rottweiler, or German Shepherd. It is always important to pay attention to the exclusions on your policy.
  • Slip and Fall Injuries – There are different codes and regulations set for the maintenance and construction of buildings and property, and these rules are made to protect the people who need to use that property. When a property has fallen into disrepair or a known danger is ignored and not corrected, the property owner will be held liable if someone is hurt as a result. Your general liability insurance policy should cover this – these are the most common premises liability claims
  • Discrimination Damages – In the same way there are codes and regulations to ensure the safety of a property, there are rules in place to make sure that buildings and businesses catering to the general public are inclusive to all patrons. This means that individuals with disabilities must have adequate accommodations allowing them to use the facility. This is why businesses and government buildings all have wheelchair ramps and disabled bathrooms and parking made available. Individuals who ignore the codes and regulations open themselves up to possible Americans with Disabilities Act (“ADA”) lawsuits. A general liability policy (which will include premises liability) could provide coverage in this scenario, as long as the damages being sued for are BI/PD or PI, which is not always the case. If the plaintiff is an employee, your general liability policy will not cover those damages.

If you have been injured on someone else’s property as a result of poor maintenance, design, or general irresponsibility, please call a personal injury lawyer for a free consultation today! We are experts in the field and are here to help you through this challenging time.

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Due to the heavy machinery and other hazards, construction sites can be extremely dangerous if workers, employers, and pedestrians are not careful. If you have been injured in a construction accident, it is imperative you speak with a skilled personal injury accident attorney who can evaluate your case and view your options. Below are some of the frequently asked questions regarding construction accidents.

What should I do if I were in a construction accident?

The first thing you should always do with every accident is to seek medical attention if your injuries are serious. Then you should report the accident and speak with either your supervisor or employer. Workers compensation typically requires a visit to the hospital which is helpful evidence in your workers’ compensation case.

Who can I sue if I was injured at a construction site?

You should be able to sue any person who is at fault for your injuries other than your employer. Your remedies against your employer are limited to workers’ compensation. But your remedies against a general contractor or owner may be limited to cases where you can prove active negligence on behalf of these parties.

Can I file a lawsuit against 3rd parties even while collecting workers’ compensation?

Absolutely. If you can establish that somebody other than your employer acted negligently and caused or contributed to your injuries, you can still bring a lawsuit upon them. However, workers’ compensation carrier may be entitled to get some or all of their money back out of your recovery against the other responsible parties.

What are some causes of construction accidents?

Some of the more common causes of construction accidents are:

  • being run over by a tractor, cement truck or other large construction vehicles
  • crane accidents
  • electrical accidents
  • equipment accidents
  • explosions and fires
  • falls
  • lack of safety equipment and/or failure to comply with Occupational Safety & Hazard Administration (OSHA)
  • scaffolding accidents
  • trench collapses
  • welding accidents

What are the most common construction site injuries?

Because there is a variety of different types of accidents that can occur at a construction site, the injuries can vary as well:

  • burns
  • traumatic brain injuries
  • spinal cord injuries
  • cuts and lacerations
  • broken bones
  • loss of limbs

What if my employer is at fault for causing my injuries?

If your employer is at 100% fault, you are unfortunately out of luck. Your remedies are limited to workers’ compensation. If your employer is not 100% at fault you can sue any third parties that were involved. If your employer’s negligence was a major cause of your injury, you may be able to collect against the other responsible parties and not have to pay back the money awarded to you.

What if I was the one responsible for the accident?

If your own negligence was the only cause of your injuries, then you will not receive any money in a legal case. However, California is a comparative negligence state and a plaintiff can still recover money for their damages if there is at least one other party at fault. However, the amount of money is reduced by the amount of your own negligence.

What kind of compensation will I be awarded?

No accident is ever the same so it depends on the nature of the accident, your injuries and who was at fault. It’s a very tricky thing to determine how much money you might receive for compensation so consulting with an attorney who is skilled at such calculations would be a good choice.

What if I was injured while visiting or walking by a construction site?

If you were on or near a construction site but not working, you can sue any party who is responsible for your injuries including the owner, general contractor, and subcontractors. This duty is owed to you even if you are an uninvited guest at the site. Anybody who has control of the site owes you a duty of care.

What if my employer doesn’t carry worker’s compensation insurance?

If you suffered a serious injury and your employer doesn’t have workers compensation insurance, you are actually in a much better position. Under the law, if an employer does not carry worker’s compensation insurance, you are allowed to sue the employer in a civil case, just like you can sue any other defendant plus liability which is easier to prove. You will be entitled to full compensation for your injuries rather than the worker’s compensation recovery.

What if I was working as a subcontractor?

This gets tricky. The owner or the general contractor may be found liable to workers at the site for failing to use ordinary care to provide them with a reasonably safe place to work, warn of dangers and keep the site in a reasonably safe condition.

How long do I have to file?

Whether you file for a worker’s compensation or a personal injury claim, you shouldn’t wait to speak with a lawyer and file a claim. Your employer must file a worker’s compensation report within days of your accident. Following that, the sooner you are able to apply for benefits the better, as the process can be long. Personal injury claims have a deadline of 2 years so do not wait to speak with an injury accident attorney.

Do I need an attorney?

If you’ve been injured while being on a construction site, an experienced injury accident attorney is best to help you navigate through the complicated legal process in obtaining any compensation you deserve. Don’t wait to speak with an injury accident attorney if you’ve been injured.