Triebsch & Frampton, APC: A Leader in Premise Liability Claims
Our firm handles all premise liability claims, including slips and falls and/or trips and falls on private and public properties. We have successfully represented clients who have been personally injured in grocery stores and retail outlets, among other venues, proving that premise liability cases can happen anywhere.
What the public needs to understand is that if they are involved in an accident away from their home – whether it is on private or public property – where the property owner is negligent in its care, causing injury, they may have a case under the premises liability laws.
Premises Liability First Steps: Documenting Negligence at the Source
If an individual is injured in a public place – including a store, mall or parking lot – it is important that they record the cause of the slip and fall or trip and fall.
These causes can include puddles, wet spots, holes or broken pavement, just to name a few. We advise anyone who is hurt in these instances to take footage of the cause, using their camera phone or video recorder.
Secondly, it is important that someone in a management position of the property is made aware of the injury and a detailed, written report is established. This provides a concise record – instead of verbal recounts – of the accident for future use.
Additionally, if anyone else witnessed the accident, record their information in case the attorneys need to contact them later. Copy their names, phone numbers, addresses and a brief statement. This is especially important if management is not available to record their statements.
Finally, it is important to acknowledge that if you or a loved one requires medical attention, be sure to obtain the care you need right away to avoid additional pain and suffering.
Proving Negligence: A Crucial Cause for Injury Claims
One of the most important aspects of a premises liability case is establishing negligence. It is essential for individuals to understand that although they may have been involved in an accident away from home, it is crucial that negligence was the root of the injury.
To issue a legal premises liability claim, in an effort to recover a settlement, we must prove that a dangerous condition existed, causing the injury. Secondly, we must prove that the business or property owner was negligent in causing the dangerous condition or did nothing to improve the condition to make it safe for others.
These points are the cornerstones of premises liability cases, and must be proven to proceed with a case.
Premises Liability: Location of Your Injury Matters
With public, private and municipal companies sharing ownership in businesses frequented by individuals throughout the state, it is important to understand that the location – the place where your injury takes place – of premises liability matters.
The difference lies in the rules and regulations required in varying locations. For instance, if an injury is sustained in an airport, federal laws may apply. Federal jurisdiction cases require a different burden of proof where negligence is concerned.
Public sidewalk injuries require a claim against a public entity. In the state of California, these claims must be made within six months of the accident taking place instead of the two-year period a standard, non-public entity suit allows. What’s more is that public entities may share the liability of the sidewalk maintenance with surrounding public or even private property owners, creating a complicated list of prospective individuals or companies to file a claim against.
If your injury is sustained in an apartment stairwell, perhaps due to lack of lighting or poorly constructed stairs, the liability becomes two-fold. Partial liability lies with the tenant, or renter, with the balance of the liability falling on the owner of the building. This is called non-delegable duty, which means the owner has the duty to make things safe for dwellers within their property.
Work-site accidents can be equally complicated, and can involve the employer, property owner and contractors, and depending on the injury, claims may be brought against each party.
At Triebsch & Frampton, APC, our accomplished attorneys know exactly which direction to pursue when it comes to premises liability cases. We will exhaust each avenue of potentially liable individuals or companies to seek the best recovery settlement possible for your injuries.
Quality, Devoted Representation
At Triebsch & Frampton, APC, our attorneys provide exceptional legal representation for those who are injured in premises liability cases. Our extensive history in public and private cases allow us to focus on the applicable laws, statutes and rules that apply locally, statewide and nationally, in an effort to provide premier representation for each of our clients.
Contact our accident attorneys at (209) 667-2300 to understand how we can help you tackle to the complexities of you premises liability case and start holding the proper parties responsible for your injuries today.