Posted By Eugene Bruno & Associates Posted in: Premises Liability.
This story last month has us questioning the safety of Escondido’s sidewalks. The first incident they highlight is a payout to a woman who was walking with her boyfriend near the De Anza Cove a few years ago when a tree fell on her. It crushed her leg, fractured her spine, and lacerated her face.
Nothing of which she expected to happen to her when she set out that day. For her injuries and pain and suffering, the city paid her $750,000.
The story also discussed a $230,000 payout to a woman who was injured when she tripped over a 3-inc crack in the sidewalk near Beech Street and Fifth Avenue.
These stories are interesting because of the path they have taken in court. Originally, a lower court ruled that public agencies were protected from lawsuits over the conditions of its trails and pathways by state law.
That changed when the Fourth District Court of Appeal overturned that, saying that the city could be required to pay damages because the city’s maintenance could have been a factor in the accidents.
We know this – pedestrian accidents can be serious and are often caused by someone else’s negligence.
Property owners have a duty to ensure their entire premises is safe for anyone who has the right and expectation to be there. This duty extends to both private businesses and public agencies.
As is the case in the story above, government agencies are often responsible for regular inspections and maintenance of many areas. This can include sidewalks, roads, paths, playgrounds, and municipal buildings. If they fail to properly maintain a safe environment and someone gets hurt, they could be held liable for any damages.
When it comes to private businesses, we are talking about the places you go on a daily basis: grocery store, bank, office buildings, restaurants, and more.
Not only do property owners have a responsibility to ensure that the inside of their establishments are free from hazards, but they need to secure and maintain the outside of their buildings as well. This includes parking lots.
Common premises liability injuries arise from things like slip and fall accidents, improper storage of chemicals, food cooked improperly, and inadequate security.
What happens if you do get hurt on someone else’s property? Will insurance cover your injuries?
If you have been hurt on someone else’s property and you believe the injury was due to the negligence of the property owner, you should seek legal assistance. At the Eugene Bruno & Associates, we will work with you throughout the case, making sure you get the compensation you deserve. We want to make sure your accident-related medical expenses are covered. We will also work to recover compensation for lost income if you have to miss work. When you need a premises liability attorney in Escondido, you can contact us for a free consultation by clicking here or calling us as 888-278-6688.