Tustin, Orange County No Stranger to Premises Liability
Slip and fall cases occur with regularity in Tustin, CA as well as our other Orange County cities and the rest of the country. Our recent post on theme park slip and fall accidents covered this in some detail and you can see how environmental circumstances (wet surfaces, etc.) can lead to such accidents and injuries.
Slip and fall attorneys help hold property owners accountable
We’ve touched on some, if not “famous,” at least noteworthy slip and fall verdicts in the past such as Holly Averyt’s suit against Walmart and the $10 million verdict in Averyt’s favor. Other notable cases include University of Pennsylvania student Lorna Bernhoft who sued the owners of an off-campus residence after falling through a skylight on the 4th floor and becoming paralyzed. The skylight opening was obscured/covered by flimsy carpet and flexboard. Ultimately Bernhoft was awarded $11.6 million in an out-of-court settlement.
The large monetary awards aside, cases like Bernhoft’s touch on one of the salient aspects of premises liability law. As we’ve written before, the premises liability laws since 1968’s California Supreme Court decision in Rowland v. Christian have had a wider scope and more protections for those injured on another’s property including those trespassing on such properties. The degree of legal responsibility of the property owner would depend on the status of the person: invitee, licensee or trespasser.
In Bernhoft’s case, she was not a trespasser but rather what is referred to as a “licensee.” This refers to someone on a property for some sort of social function rather than someone entering the property to do business. In all cases the landlord/owner had a duty to protect those who enter the property. In the case of the covered skylight, this was a situation that should have been known to the owners and fixed. Some blame could also have fallen on the other students who were tenants of the building since they were aware of the skylight situation and should have warned Bernhoft about it. Ultimately this case was settled out of court.
When we look at the sometimes staggering amounts of money involved in slip and fall cases it’s easy to lose sight of the context. In the case of a student such as Bernhoft, a junior in college with the majority of her life ahead of her, a multimillion dollar settlement needs to be broken down into the number of years a person can be expected to live and what the costs of living and medical expenses may be over that time. Slip and fall attorneys are not out to ensure a life of wealth and luxury for victims of such injuries but full and fair compensation. Punitive damages do play a role at times when the negligence on the part of the property owners may have been egregious, but in general these awards are an attempt to make life as livable as possible for slip and fall victims. We can probably say with some certainty that an injured party, especially one paralyzed following a trip and fall like Bernhoft, would forego such large settlements if they were able to walk again.
Slip and Fall Attorney Tustin
Still because someone suffers an injury due to another’s negligence, that negligent party is liable under the law. And without slip and fall lawyers like Kyle Scott in Tustin, those injured in Orange County might not be able to secure full and fair compensation. As we’ve shown with examples such as Lorna Bernhoft, the injuries sustained in slips and falls can be devastating and life-altering. If you have been the victim of a slip and fall or trip and fall injury on another party’s property and need to find a veteran slip and fall attorney to discuss your case and protect your rights, call Tustin slip and fall lawyer Kyle Scott at 714-544-1460 for a confidential and free consultation. If you are hurt, we can help.
https://kjslaw.com