Under general principles of California premises liability law, property owners owe a duty of care to people whom they invite onto their property. However, slip and fall accidents continue to be a leading cause of accidental injuries in Southern California. These accidents often result in serious back, neck, and head injuries that may permanently change the course of a person’s life. Orange County premises liability lawyer Adam Krolikowski represents people who have been injured in slip and fall accidents. Through his compassionate yet aggressive style of representation, Attorney Krolikowski prioritizes each client’s individual needs and provides the skilled advocacy that these cases require.Slip and Fall Accidents
All too often, people slip and fall on sidewalks, in stores, in private homes, and on publicly owned property. Property owners could have prevented most of these accidents by taking the necessary precautions to ensure that their property is safe for visitors.
Sometimes a property owner will argue that an accident victim was partly at fault because they were not looking where they were going. Under California’s comparative fault laws, though, accident victims who bear some responsibility for their own injuries can still recover financial compensation from a negligent property owner. In a situation in which an accident victim shares responsibility, their total damages award will be reduced by their own percentage of fault. For example, if an accident victim suffered $300,000 in damages, and the jury found that they were 20 percent at fault, the accident victim would still be able to recover $240,000. A victim should make sure to retain a premises liability attorney in Orange County who knows how to respond to allegations of comparative fault so that the victim can maximize their damages award.Responsibilities of Property Owners
When a property owner allows a person onto their property, they assume certain duties to keep the property safe for their visitors. Historically, courts classified all visitors into one of three categories, and the extent of the duty that a property owner owed to a visitor would depend on the visitor’s classification. A visitor might be an invitee (on the property for commercial purposes), a licensee (on the property for non-commercial purposes), or a trespasser (illegally on the property).
Over time, however, California moved away from rigidly applying these classifications. Courts began to consider more generally whether the property owner was reasonable in the care and maintenance of their property. That said, California law still uses these classifications to some extent, since courts consider the reason for a visitor’s presence on the defendant’s property in conjunction with other factors to determine the reasonableness of the property owner’s actions. An Orange County premises liability attorney can explain how each of these factors may affect your case, including:
- The property’s location;
- The likelihood that someone would enter the property in the same manner as the plaintiff;
- The likelihood of injury;
- The seriousness of any potential injury;
- Whether the property owner knew or should have known about the hazardous condition;
- The cost or burden required to fix the defect or hazard; and
- The property owner’s degree of control over the dangerous condition.
The extent of a property owner’s duty to a guest can be a complex legal question, and anyone who has been injured in a Southern California slip and fall accident should reach out to a dedicated personal injury attorney for assistance.Contact a Slip and Fall Attorney Today
If you or a family member has been injured in a slip and fall accident, you may be able to obtain significant compensation for your injuries. Attorney Adam Krolikowski has represented accident victims in Orange County since 2004. Attorney Krolikowski has developed a strong trial practice that extends across all areas of personal injury law, including premises liability cases. Attorney Krolikowski is a skilled negotiator and an aggressive advocate, so you will not feel pressured to accept a settlement offer that does not fairly compensate you for your injuries. Contact Krolikowski Law at (949) 274-9915 to schedule a free consultation with a premises liability lawyer in Orange County today.