In Bakersfield, CA, Premises liability claims are filed when an individual is injured on someone else’s property. These claims are based on violating one or more of the owner’s duties to those who enter the premises. There are different types of premises liability violations, which can take many forms. This article discusses the most common premises liability claims and violations that could bring a claim.
Slip and Fall Accidents
Slip and fall accidents are among the most common premises liability claims. These accidents can occur anywhere, but they are most common in places with a lot of foot traffic, such as grocery stores, shopping malls, and office buildings.
A few things must be proven for you to hold a property owner liable for your slip-and-fall accident, including:
- You must provide evidence that the property owner knew or should have known about the dangerous condition that caused the accident.
- You must show that the property owner failed to take reasonable steps to fix the hazard or warn visitors about it.
If you or someone you love has been injured in a slip and fall accident, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. You want to consult with a Bakersfield injury lawyer to help you investigate your claim and fight for the compensation you deserve.
Waterpark and Amusement Park Accidents
Waterpark and amusement park accidents can occur in a variety of ways. Waterpark accidents can occur on any wet surface, including slides, pools, and decking. Also, amusement park accidents can happen on any ride, including roller coasters, carousels, and Ferris wheels. Common causes of these accidents include malfunctioning equipment, improper footwear, and operator error.
Construction Site Accidents
Construction sites are inherently dangerous places. Many potential hazards can lead to severe injuries or even death. Construction site accidents occur for various reasons, including unsafe conditions, defective equipment, and human error.
Construction companies must take all necessary precautions to ensure the safety of their workers. Unfortunately, not all construction companies do this. Some cut corners to save money, while others don’t have adequate safety protocols, putting workers at risk of sustaining severe injuries in an accident.
Various injuries could occur from falling on a staircase, tripping on stairs, or being struck by an object falling downstairs. The most common stair injuries include:
- Head injuries: Head injuries are the most severe injury from falling downstairs. They can range from concussions to skull fractures.
- Neck injuries: Neck injuries occur when the head is jerked suddenly forward or backward during a fall. They can range from whiplash to spinal cord damage.
- Back injuries: Back injuries can occur from a fall’s impact, twisting, or turning awkwardly during a fall. They can range from bruises and strains to herniated discs and spinal cord damage.
- Shoulder injuries: Shoulder injuries can occur from the arm being flung out to break a fall. They can range from bruises and strains to dislocated shoulders.
- Elbow injuries: Elbow injuries can occur from the arm being bent sharply during a fall. They can range from bruises and strains to fractures and dislocated elbows.
- Wrist injuries: Wrist injuries can occur from trying to break a fall with outstretched hands. They can range from sprains and strains to fractures and dislocated wrists.
- Hip fractures: Hip fractures are a common type of injury in older adults who fall downstairs. They can be very painful and challenging to recover from.
- Knee injuries: Knee injuries can occur from the leg being bent awkwardly during a fall. They can range from bruises and strains to fractures and dislocated knees.
- Ankle injuries: Ankle injuries can occur from the foot being turned awkwardly during a fall. They can range from sprains and strains to fractures and dislocated ankles.
Injuries Caused by Animals
Each year, many people are injured by animals in California. The animals include dogs, cats, rodents, reptiles, and even farm animals. Animal-related injuries occur anywhere, but they are most common in places where people are likely to come into contact with animals, like homes, yards, parks, and workplaces.
In many cases, animal-related injuries result from negligence by the animal’s owner or caretaker. For example, if a dog is known to be aggressive but is not appropriately kept, confined, or supervised, the owner may be held responsible if the dog bites someone.
Some of the most common injuries caused by animals include:
- Bites and scratches
- Broken bones
- Internal injuries
Damages Available In A Premises Liability Lawsuit
In premises liability lawsuits, plaintiffs can seek compensation for their injuries through two types of damages:
- Special Damages. These are monetary awards that reimburse you for specific financial losses the accident causes, including medical bills, lost wages, and property damage.
- General Damages. These non-economic awards compensate the plaintiff for more personal losses, like emotional distress, pain and suffering, and loss of enjoyment of life.
You could seek both damages in a premises liability lawsuit. The compensation available depends on the severity of your injuries, the extent of the financial losses incurred, and other factors.
If you have been injured due to a property owner’s negligence and on their property, you could bring a premises liability claim.