In California, a property owner or occupier (such as a manager or tenant) can be held liable for a slip and fall under certain conditions. Under California law, property owners must use “ordinary care” in managing their property to avoid creating an unreasonable risk of harm to others. It’s not always easy to prove that an owner or operator didn’t exercise ordinary care, and different rules apply when the property is state-owned, so it’s always a good idea to talk with a Victorville, CA premises liability lawyer quickly to assess your case.
Key Conditions for Liability
A property owner is generally liable if they were negligent. To prove negligence, you have to show they had a duty of care to maintain the parking lot in a safe condition for visitors, that a hazardous condition existed that rendered the parking lot unsafe, that the owner either knew of this unsafe condition or should have known of it, and that, but for the inaction of the owner or occupier, the fall would not have happened. It’s important to realize that just because you have fallen in a parking lot does not automatically make the owner liable. You must prove negligence to win the case.
When an Owner Isn’t Liable & Common Defenses
You can expect a property owner to argue they are not liable in most of these cases, and there are some defenses they are likely to use. One of the most common is “Open and Obvious Hazard.” The argument here is that the danger was clearly visible and easily avoidable. If an owner had marked off a danger, such as a pothole, with bright markings or with cones, for example, then you probably don’t have a case.Another common defense is comparative negligence, where the parking lot owner argues that the injured person was at least partly at fault. If you were distracted by your phone or not watching where you were going, this may make you partially liable. Under California law, you can still bring a claim, but your damages will be reduced by the same percentage as your liability.
Who Can Be Held Liable?
Most commonly, the property owner is liable. This is usually the landlord who is responsible for common areas, such as parking lots. However, in some situations, a property manager or the owner of a business controls and maintains the lot, even if they are not technically the owner of the property.
Tenants can sometimes be responsible, and in two ways. If their lease specifies that the parking lot is their maintenance requirement, then they are liable for hazards within it. But even if they’re not, if they created the hazard, they may still be liable. A government entity can also be liable if the property is state-owned, but with state-owned parking lots, you have to act quickly, and there are limits to what you can recover.
Talk to a Victorville, CA Premises Liability Lawyer Now
The more quickly you act, the easier it is to gather evidence and build a strong claim. Contact us today at the Law Offices of Vondra & Hanna in Victorville for a free consultation.
After a motorcycle accident, there are some important bits of evidence you want to document, if you are able to do so. You’ll give this documentation to your Victorville, CA motorcycle accident lawyer. If you are injured badly and unable to gather evidence at the scene, call an attorney as quickly as you can so your attorney can begin an investigation and gather evidence on your behalf.
What Should You Document After a Victorville, CA Motorcycle Collision?
At the Scene
Again, it’s important that you only gather evidence at the scene if you are physically well enough to do so. Call 911 to report the accident. That way, there’s an official record, medical help comes quickly, and law enforcement can create a report. This report will have a lot of important facts about the accident and the people involved that will be useful in your case.
While you wait for law enforcement to show up, take photos of the accident scene. Get multiple shots from different angles, both wide-angle and close-up, showing the position of the vehicles and the damage done to them. Take pictures of any skid marks, road signs, road debris, and anything else that contributed to the accident, such as a pothole.
This is also a good time to note down, perhaps in a voice memo on your phone, your memory of what happened and also the weather conditions. Make sure you mention what time of day it is and what the lighting was like, too. Finally, get the contact information of every driver involved, as well as their driver’s license numbers and insurance details. If there are any witnesses, ask for their names and contacts.
After the Incident
You should seek medical help after an accident even if you believe you have only minor injuries. The adrenaline from the accident itself may be keeping you from feeling the pain of your injuries, and there are some medical issues that don’t show symptoms until later on, such as internal bleeding. Be sure to tell the hospital or urgent care center exactly what happened and keep every record you have: reports, x-rays, MRI results, diagnoses, treatment plans, and records of all prescriptions. Keep every bill and receipt.
Take photos of your injuries, if that’s feasible, and continue to take photos as you heal. While doing that, keep up a personal journal where you note down how much pain you’re in from day to day and explain how your injuries are affecting your life and mobility. This will be important in your non-economic damages claim, which is your claim for pain and suffering or mental anguish.
Get Help From Your Motorcycle Accident Lawyer
An experienced lawyer will be able to go through the documentation you have and immediately spot gaps, help you gather other info you might need, and put it all together to build a strong case. Your lawyer will also handle communication with the insurance company and get access to evidence you may not be able to get on your own, such as surveillance camera footage.
If you’ve been in a motorcycle accident, call us now at the Law Offices of Vondra & Hanna, where we serve clients across Old Town Victorville and the High Desert areas.
If you’ve been in a car accident here in Victorville, CA and the other driver is at fault but does not have insurance, it’s natural to wonder how you’re going to pay the bills. There are a few options, and a car accident attorney can help you explore all of them as well as see whether a lawsuit brought directly against the at-fault driver is a good idea in your case.
Paying the Bills When the Other Driver Doesn’t Have Enough Insurance
California has a lot of uninsured drivers and drivers without enough insurance, and that’s why most people have Uninsured Motorist Coverage or Underinsured Motorist Coverage (UM/UIM) on their own insurance policies. This coverage will kick in if the other driver has no insurance, if the insurance isn’t enough to cover all your losses, or if you’re the victim of a hit-and-run.Is common to be reluctant to report an accident to your own insurer and claim from your UM/UIM policy out of fear that your insurance rates will go up. Rest assured that in most cases California law forbids insurers to raise your rates if you were not at fault for an accident.
Being involved in a car accident can be a daunting experience, leaving you with physical injuries, emotional stress, and financial burdens. If you’re in Victorville, CA, having a skilled car accident lawyer by your side can significantly affect the outcome of your case. Here’s a comprehensive guide to help you choose the best car accident lawyer for your needs.
Understanding the Importance of a Car Accident Lawyer
A car accident lawyer specializes in personal injury law, focusing on cases involving motor vehicle accidents. They are adept at navigating the legal landscape to ensure that victims receive the compensation they deserve. Whether it’s negotiating with insurance companies or representing you in court, the right lawyer will advocate for your best interests.
Read the rest of this entry »If you’ve been injured by someone else and their negligence, it’s natural to want to know the value of the personal injury claim you can bring and what factors may affect that value. The best way to know for sure is to talk to a personal injury attorney in Victorville, CA right away about the specifics of your claim.
Which Factors Influence the Value of a Personal Injury Claim?
The Extent of Your Injuries
The most important factor is usually the extent of your injuries, and there are a couple of reasons for this. First, the higher your economic damages, the larger your claim will be. “Economic damages” encompass every loss for which you have a receipt or a bill, and the greater your injuries, the higher your medical bills are likely to be.
There are also non-economic damages, and these are usually calculated with reference to your economic damages. The most common way of doing this is to multiply your economic damages by a number between one and five. The more serious your injuries are and the more time it takes to recover from them, the higher that second number will be.
The Skill of Your Victorville, CA Personal Injury Attorney
Another important factor is the skill of your attorney. A good attorney knows how to put pressure on an insurance company in negotiations to get the highest settlement for a client. A skilled attorney also knows what tricks to look out for to protect you and your settlement, and an attorney with experience will make sure nothing is missed as you calculate your settlement, so you don’t lose out unnecessarily. And of course, if necessary, a good attorney isn’t afraid to take things to court if it comes to that.
The Possibility of Punitive Damages
Punitive damages are very rare, but if they are merited in your case, this can greatly increase the value of your claim. Punitive damages don’t reimburse you for any actual loss. Their intent is to punish the person who harmed you to send a message that deters others from engaging in that kind of conduct. Punitive damages are usually awarded only where a defendant’s conduct has been particularly egregious or where they have intentionally caused harm.
Liability and Comparative Fault
California law allows you to recover compensation even if you are partially at fault for your own injury. Unlike in some states, where you are barred from bringing a claim if you’re 50 or 51% at fault or more, in California you can bring a claim even if you’re 99% at fault. However, your compensation will be reduced by the same percentage as your fault. If you were 60% at fault, then, you could only recover 40% of your damages.
Insurance Policy Limits
If your injuries and losses exceed the amount of insurance coverage the liable party has, it can be very difficult to get everything you’re owed. A lawyer can help you explore all your options here.
To get help with your personal injury claim, contact the Law Offices of Vondra & Hanna in Victorville, CA right away to request a free consultation.
When Should I Seek Legal Help for a Dog Bite Injury?
Dog bites can be traumatizing and cause long-term damage to nerves and muscles. If you’ve been bitten by a dog in Victorville, CA, it’s usually wise to talk to a personal injury lawyer about getting compensation.
When You Suffered Serious Injuries
There’s a big difference between a playful nip and a serious bite. If you just had to put a bit of antibiotic cream and a bandage on yourself and everything healed well and with no scarring in a couple of days, then it’s likely you won’t want to try to bring a legal case against the owner. But if you’ve missed out on work, had serious medical bills, or been permanently disfigured, there’s a good chance you have a case, and you should talk to a lawyer as soon as possible.
The primary goal of a personal injury lawsuit is to compensate you for harm caused by another’s misconduct. However, in some circumstances, the court may also allow punitive damages in addition to compensatory damages. These damages, secured with the legal support of a personal injury attorney in Victorville, CA, are not meant to reimburse you for losses. Instead, they serve a different function: to punish a defendant whose behavior goes far beyond ordinary negligence.
Under California law, you may recover punitive damages by effectively proving by clear and convincing evidence that the defendant acted with bad intentions or without considering the dangerous ramifications of their actions. These terms have specific legal definitions.
You might be surprised to find a call coming in from an unknown number after an accident. A pleasant-sounding person introduces themselves as an insurance adjuster. They say they want to help get everything straightened out, and would you mind giving them a statement about what happened? Of course you want to help, but should you give one? If you’ve been involved in an accident in Victorville, CA, find out what to do from a personal injury lawyer.
It may be necessary to give a statement to the opposing party’s insurance company to get the compensation you deserve. However, giving a statement, especially a recorded statement, can be a risky business. If the adjuster is from your own insurance company, your policy may require cooperation as part of your contractual obligation. Even so, you should proceed with caution.
Soft tissue injuries are among the most common outcomes of a car crash, and even though they may not be as visible as broken bones, these injuries can cause significant pain and disruption to your daily life. If you’ve sustained a soft tissue injury in a crash, you have legal options for seeking compensation. A personal injury attorney from our team will help protect your rights under California law.
Soft tissue injuries affect the muscles, ligaments, and tendons in your body. They include sprains, strains, contusions, and whiplash. Symptoms may not appear immediately and can worsen in the days following a crash, and you’re likely to experience pain, stiffness, limited range of motion, or ongoing discomfort that interferes with work and personal activities.
Accidents often involve more than one contributing factor, and it’s not uncommon for multiple parties to share responsibility. If you were partially responsible for an accident, that does not automatically prevent you from recovering compensation. A personal injury attorney in Victorville, CA, can ensure you have all the information you need to confidently move forward with your case.
Under California’s pure comparative negligence system, you can recover damages even if you are found to be 99 percent at fault for the accident. The amount you recover will be reduced based on your percentage of responsibility. For example, if your total damages equal $100,000, and you are determined to be 40 percent at fault, your compensation would be reduced by 40 percent, resulting in a $60,000 recovery. This approach allows for a fair distribution of financial responsibility based on each party’s role in the incident.
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