Orange County Premises Liability Attorney

A slip and fall case is one kind of premises liability claim. Premises liability covers any injury caused by an unsafe condition on property someone else owns or controls, including falling objects, falling trees, pools, broken stairs, poor security, and amusement rides. The core questions are the same: who controlled the property, what the hazard was, and whether the owner knew or should have known about it in time to fix it or warn about it (CACI No. 1003).

Usually whoever owns or controls the tree, such as a homeowner, landlord, business, or public agency. The question is whether the owner knew or reasonably should have known the tree or limb was weak, for example from decay, dead branches, or a lean, and failed to act (CACI No. 1003). Strong wind does not automatically excuse the owner. If a city or county owns the tree, a written claim is generally due within six months (Government Code § 911.2).

Possibly. Falling merchandise, shelving, and fixtures are usually under the store’s control. You can show the store knew or should have known the item was unstable, or a jury may infer negligence when the accident ordinarily would not happen without negligence and was caused by something only the store controlled (CACI No. 417). Report the incident, photograph the shelf and the item, and get the names of employees and witnesses.

Often, yes. These businesses must use reasonable care like any other property owner (CACI No. 1001), and a ride operator must report a serious accident to Cal/OSHA and preserve the equipment (Labor Code § 7925). Admission terms or a waiver do not necessarily end a claim, because a release generally cannot excuse gross negligence (CACI No. 425). Keep your ticket or receipt, ask for an incident report, and photograph the area before you leave if you safely can.

Claims against a city, the County of Orange, or another public agency follow the Government Claims Act. You must generally present a written claim within six months (Government Code § 911.2), and the agency is liable only if an employee created the dangerous condition or the agency had notice in time to fix it (§ 835). Agencies are also immune for natural conditions of unimproved public property, such as beaches and lakes (§ 831.2), and for some hazardous recreational activities (§ 831.7). Claims against private owners generally must be filed within two years (Code of Civil Procedure § 335.1). Confirm who owns the spot early.

Possibly, in addition to workers’ compensation. Workers’ comp is generally your only remedy against your own employer (Labor Code § 3602), but you may have a claim against a property owner or another contractor (§ 3852). An owner who hires a contractor is generally not liable to the contractor’s workers, but exceptions apply, such as a concealed hazard the owner knew or should have known about, that the contractor could not reasonably have found, and that the owner did not warn about (CACI No. 1009A). Cal/OSHA requires employers to protect any employee within six feet of a skylight from falling through it, by methods such as screens, guardrails, covers, or personal fall protection (Cal. Code Regs., tit. 8, § 3212(e)).