California Injury Attorney Blog

In oder to recover monetary compensation for a slip and fall injury, the slip and fall must have occurred as the direct result of the property owner's negligence says Los Angeles Personal Injury Lawyer Stevfen Peck.

There are a number of factors that determine if a property owner is negligent and a slip and Peck Law Group accident attorney will help you to come to that determination. A Peck Law Group slip and fall accident attorney is skilled in this type of tort lawsuit and will know how proceed with your case, if there is a case to proceed with at all.

If you are injured on someone's property you need to first consider your surroundings. Were you injured in someone's home? Were you in injured in a store? Were you injured in a government building? No matter where you were injured the extent of the injury is going to determine if you have a case at all. If you only have a bump or bruise then a lawsuit will not be taking place. However, if you have seriously injured yourself like an infection or a broken bone or worse, you could be a candidate for compensation. You will want to contact a slip and fall accident attorney as soon as possible. They will need to know the location of the accident to determine who is liable and also what the building codes are and what laws govern that property.

Before you consult a slip and fall accident attorney it is a good idea to gather some of your evidence. A Peck Law Group personal injury attorney will want to see hospitalizations bills and records, doctor's bills, doctor's recommendations, loss of wages and any evidence of future pain and suffering. This information will factor into how large a settlement you receive will be.If the slip and fall accident occurred due to some other hazard, such as damages to flooring or holes, then your attorney may want to return to the scene and take some photographs. The property owner will be forced by the court to allow evidence collection. He or she does not have a choice and if they stand in the way of justice it will reflect on them poorly during trial.

It is common knowledge that most slip and falls occur because of at least some fault from the injured party. Certainly the defense team will try and blame you for the accident. They will do anything to make the court see them as not liable. This is why a Peck Law Group slip and fall accident attorney is needed. They understand these defense tactics and have time, education and experience to prove your case for you.

Continue reading "A Peck Law Group Personal Injury Accident Attorney Will Get You The Compensation You Deserve" »

Premises liability law involves legal responsibility ("liability") of a land or property owner in injuries or other damages suffered by persons present on the premises.

Was the Plaintiff an Invitee, Licensee or Trespasser?

Premises law is predicated on the ligitant's presence on the premises in question. This litigant is called the "plaintiff" in legal terms. The property or premises owner is called the defendant for purposes of the premises liability law suit he property ownert is always a defendant, the plaintiff is not always a plaintiff in premises law. Depending on the defendant's legal duty to the plaintiff, the plaintiff is commonly titled in three different ways indicates Los Angeles Personal Injury Attorney Steven Peck :

Licensee: A licensee was invited by the defendant to remain on or enter the premises in question for any non-commercial purpose. For example, a guest at a party is a licensee.

The owner of a premises is legally responsible for the damage incurred to a licensee if all three of the following circumstances are met:

•The defendant knew or should have known that a dangerous or damaging condition on the premises existed which involved an unreasonable risk of licensee harm, and did not have a reasonable expectation that the licensee would realize that danger to him/herself;
•The licensee did not know, could not have known, or did not have reason to know or realize that the condition and its associated risk(s) existed; and
•The owner did not exercise reasonable care in either rectifying the unsafe condition, or notifying the licensee of the condition and its associated risk(s).

Invitee: An invitee is invited to remain on or enter the premises in question for commercial purposes, that is, for the defendant's personal gain or for a reason indirectly connected to the defendant's business or commercial dealings. For example, a patron of a business, such as a customer at a restaurant, is an invitee. A defendant owes his most stringent duty of care to an invitee as follows:

•The defendant has an obligation to protect or warn an invitee about his or her risks while on the premises if the risk is both unreasonable and the defendant realizes this.
•In addition, the defendant may be obligated to periodically inspect the premises for hazards or dangers, such as a routine safety inspection in a store with high shelving.

Trespasser: A trespasser goes on the premises in question without permission of the defendant, not while performing any duty in relation to the premises owner. Defendants typically have no duty or limited duties to warn a trespasser of conditions or dangers that exist on the premises in question. However, a defendant premises owner may be obligated to exercise reasonable or ordinary care in warning a trespasser if he or she is aware that the trespasser is present on the property in question.

What About Contractors or Management Companies?Non-Delegable Duties: It is typical for the duties of a premises owner to be non-delegable. That is, the presence of a contractor on the premises does not release the defendant from his or her liability in relation to that premises. For example, an apartment owner retains premises liability for that building, even if a management company or janitorial service actually does the repairs at the property.

Continue reading "Premises Liability Will Depend On The Defendant's Legal Duty To the Plaintiff Says San Diego Personal Injury Lawyer Steven Peck" »

Premises liability is a term used to describe the legal responsibility that a landowner and occupiers of a property have for injuries and accidents that occur on their property says Los Angeles Personal Injury Lawyer Steven Peck.

Premises liability claims can be filed for a variety of reasons. For example, slip and fall claims are common. In addition claims may be filed for injuries that are result equipment that is used on the property. Also injuries that may be a result of another person's actions on the property may be the responsibility of a property owner, especially if the owner fails to provide adequate security on the property.

Other types of incidences can also incur injuries; they can come from falling objects, a broken sidewalk, and improper signage to name a few. When determining liability on the part of the owner, several factors are taken in to account. One key factor for determining premises liability is the legal status of the visitor. Status is generally broken down into four categories. The visitor is one of the following; invitee, social guest, licensee, or a trespasser. Status is important when assessing a premises liability claim because a trespasser is unlikely to be compensated for a premises liability case.

Other factors considered when evaluating premises liability is whether or not an owner has made reasonable effort to provide for the safety of his or her guests. When determining liability reasonable effort on the behalf of the owner will be examined by answering some of these questions; have obstacles and hazards been cleaned up in a reasonable manner, or have guests been adequately warned that a hazard exists?

Further you may have to establish whether or not the owner knew a hazard existed and then failed to remedy the situation. For example, if a sidewalk has been broken for an extended period, and you trip and fall on it, then the property owner is likely to be held responsible. On the other hand if you spill something and slip on it, before the owner has time to act, the case may be more difficult to make regarding owner liability.

When considering filing a premises liability claim action should be taken in a timely manner. The first reason why this is important is that you want to protect and preserve vital evidence on the case. Secondly there may be statues of limitations that limit the time you have to file a claim after an injury has occurred. If you have reason to believe the negligence of a property owner has contributed to an injury you've sustained, then speaking to a premises liability lawyer should be a priority. Premises liabilities cases will often allow damages based on pain and suffering, lost wages and medical expenses. Further premises liability may also compensate the surviving family members in the event of death as a result of qualifying injuries.

Continue reading "The Peck Law Group Will Help You Become Compensated For Your Premises Liability Personal Injury Claims" »

A recently secured $1 million out-of-court settlement for an individual who was rendered an incomplete quadriplegic following a fall down a defective stairway.

the individual while visiting a friend's home, an active 54-year-old woman fell down a steep, poorly lit stairway onto a cement basement floor. She was catastrophically injured, breaking her neck and sustaining serious injuries to her spinal cord and knee. Doctors diagnosed her as an incomplete quadriplegic, meaning that she still had some movement and sensation in the nerves below her damaged spinal cord.

Following the accident, the injured woman immediately underwent surgery to stabilize her spine. In the last eight months she has undergone extensive rehabilitation and physical therapy, and has gradually begun to walk again, with assistance. But many of her injuries remain severe and permanent, and she will require ongoing care.

Using an expert engineer to examine the accident site, the attorneys were able to provide information to the homeowner's insurance company establishing that the stairway was defective and unsafe, lacking handrails and adequate lighting. The insurance company agreed to settle out of court, for the maximum amount of the policy's limits -- $1 million.

The settlement reached was the maximum amount obtainable under the homeowner's insurance policy.

The Peck Law Group protects the rights of catastrophically injured individuals and represents families throughout California who have lost a loved one due to the negligence of others. The Peck Law Group has helped injured clients recover damages in cases involving commercial truck and semi accidents, car and motorcycle accidents, medical malpractice, nursing home abuse and neglect, wrongful death and injuries resulting from defective products and other personal injury claims.

Continue reading "One Million Dollar Settlement Received For Premises Liaibility Accident says California Personal Injury Lawyer Steven Peck" »

Premises liability is a term used to describe the legal responsibility that a landowner and occupiers of a property have for injuries and accidents that occur on their property. Premises liability claims can be filed for a variety of reasons. For example, slip and fall claims are common. In addition claims may be filed for injuries that are result equipment that is used on the property. Also injuries that may be a result of another person's actions on the property may be the responsibility of a property owner, especially if the owner fails to provide adequate security on the property.

Other types of incidences can also incur injuries; they can come from falling objects, a broken sidewalk, and improper signage to name a few. When determining liability on the part of the owner, several factors are taken in to account. One key factor for determining premises liability is the legal status of the visitor. Status is generally broken down into four categories. The visitor is one of the following; invitee, social guest, licensee, or a trespasser. Status is important when assessing a premises liability claim because a trespasser is unlikely to be compensated for a premises liability case says Los Angeles Personal Injury Attorney Steven Peck.

Other factors considered when evaluating premises liability is whether or not an owner has made reasonable effort to provide for the safety of his or her guests. When determining liability reasonable effort on the behalf of the owner will be examined by answering some of these questions; have obstacles and hazards been cleaned up in a reasonable manner, or have guests been adequately warned that a hazard exists? Further you may have to establish whether or not the owner knew a hazard existed and then failed to remedy the situation. For example, if a sidewalk has been broken for an extended period, and you trip and fall on it, then the property owner is likely to be held responsible. On the other hand if you spill something and slip on it, before the owner has time to act, the case may be more difficult to make regarding owner liability.

When considering filing a premises liability claim action should be taken in a timely manner. The first reason why this is important is that you want to protect and preserve vital evidence on the case. Secondly there may be statues of limitations that limit the time you have to file a claim after an injury has occurred. If you have reason to believe the negligence of a property owner has contributed to an injury you've sustained, then speaking to a Peck Law Group lawyer should be a priority. Premises liabilities cases will often allow damages based on pain and suffering, lost wages and medical expenses. Further premises liability may also compensate the surviving family members in the event of death as a result of qualifying injuries.

Continue reading "Compensation for Premises Liability Accidents Could Revolve Around the Status of the Injured Indicates California Personal Injury Lawyer Steven Peck" »