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Difference Between Falling Objects and Slips and Falls in Los Angeles

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Slipping and falling in Los Angeles and falling objects that hit and harm people are among the top two most common injuries to consumers. Here in this article, you will learn the facts and how to deal with a case like this from a legal perspective.

How Do You Prove Fault in the Common Slip and Fall Accident?

Slip and fall accidents are the number the one most common out of the top five most common accidents in Los Angeles. In fact, nationwide they remain a very typical mishap suffered by people on foot, young and aged alike. Of course, only reported numbers are available, so it is assumed many more cases of people falling exist. For example, when someone slips and trips at a party, or stumbles upon a misleveled sidewalk, they don’t always report their mishap. What we do know is California had at least 768,536 reported slip and fall cases. Wow. That’s a lot.

Nationwide, falls account for over 8 million hospital emergency room visits, representing the leading cause of visits (21.3%). Slips and falls account for over 1 million visits or 12% of total falls. (Source.)

In fact, these events are the single greatest reason for sick days from employment. So how do these accidents arise? Typically, a person walking on foot will get his or her foot stuck on an elevated surface, such as a raised ridge on a sidewalk. But we have all heard the stories or seen the cartoons of people slipping on banana peels. Bottom line, when people are caused to lose their footing, they trip, or slip and fall to the ground.

But there are also other causes such as greasy or wet parking structure floors with poor lighting. If people can’t see that puddle of grease or standing water from a leak, they go down hard. Often, this results in a fractured wrist, ankle, or arm. But head injuries and dislocated shoulders and hips remain common trip, slip and fall injuries.

Proving fault in a slip and fall case is governed by the law of negligence, as discussed above. So unless there is a significant public policy exception such as injuries inherent in sports, or recreation, a potential defendant exists.

Civil Code section 1714(a) provides in part:

“Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”

So unless the person who fell on the public sidewalk was drunk, or fell for some reason that was their fault, defendants like the city, county or state may exist. Tree roots that cause cracks with ridges greater than 1 inch are not trivial defects, and if you can show notice, you can sue the agency in question. Lack of ordinary care is normally the cause of bad accidents like this. Equally, if you can show constructive or actual notice of a slippery substance that caused your fall at a restaurant or grocery store, you can sue the parent company.

So in this case, the slip and fall lawyer needs to prove that the defendant had a legal duty to use due care; and they breached that legal duty. So long as the violation was the proximate or legal cause of the injury, the case can withstand summary judgment and move to trial. As noted above, failing to correct the dangerous condition triggers a duty to act. So the best thing is to get a slip and fall lawyer to examine the evidence to see if the property owner should have corrected the condition.

As discussed, sidewalks remain a real challenge. But Los Angeles is responsible for fixing, blocking, warning and diverting foot traffic when it knows of dangerous pathways. So they are in a real pickle. In fact, ABC News recently reported that:

The Los Angeles City Council approved Wednesday a $1.4-billion plan to repair a backlog of damaged sidewalks.The program calls for the city to repair 11,000 miles of sidewalks over the next 30 years, at the cost of about $30 million each year. The amount was agreed to as part of a legal settlement with disability advocates.

Incidentally, you can see that disability advocates helped make this possible, as seen in the above video.

Were You or a Loved One Struck and Hurt by a Moving or Falling Object?

Not all slip and fall cases place us at risk for death. But falling objects are the number two cause of injury in Los Angeles. And they are known to cause serious brain injuries and wrongful death. Examples of falling objects include falling overhead luggage on a bus, train or plane. But they can also include a rock slide on Malibu Canyon Road, or PCH near Santa Monica.

Since many of the defendants above remain common carriers with a special duty to travelers, they are particularly at risk for a lawsuit. So the best thing to do is contact a personal injury lawyer who helps with falling object cases as soon as people get medically stabilized.

Proving fault in a falling object case is done using the same formula. Was there a duty to make sure safety standards existed to obviate the reason for the object falling? If so, was a human injured and was that the cause of the injury? Because if it was, you could sue. But get hold of a falling object injury lawyer to learn how.

Firemen putting out fire Firemen putting out fire Firemen putting out fire

A Duty for Every Parent

There is no way around it. Fire safety is a key element for people of every age. However, there is a special vulnerability for children due to fire. Blazes kill hundreds of Americans each year, with higher proportions for children.

These fires can strike anywhere– including in the home, at school or work, or on the open road. Each is their own challenge that should come with the right warnings and discussions.

Ehline Law writes this column as a means to keep our children safe from the risks of fire. We use our dozens of years of legal and practical experience for parents everywhere.

Be Cool About Fire Safety

As Rich Evans said, “Be cool about fire safety.” There is little room for error when dealing with potential flame hazards. There are, however, several things that you can do to teach your children the basics of preventing fires and reacting to them.

  • Teach children the basics of the causes of fires. Keep them away from matches and lighters. They should understand the potential risk that each present. Furthermore, they should follow which materials are flammable and a potential hazard.
  • Stop, drop, and roll. This is a constant since your days in school. It’s the same as it was at the time.
  • What to do in a fire. Teach your children many of the basics, including to touch doors to see if they are hot, potential evacuation routes, and to stay close to the ground. Many fire deaths are not due to the fire itself, but rather suffocation.
  • Keep smoke alarms where they are needed. Don’t skimp on the number of smoke alarms around the house, especially around kids’ rooms.
  • Keep accessible fire extinguishers. Keep them in consistent places and teach kids how to use them if ever needed. Hopefully, that day will never come.
  • Are you really in good hands? Are you really in good hands? Are you really in good hands? Are you really in good hands?

    The Hidden Risk of Dry Drowning

    Dry drowning is not on most people’s lexicons. There is a firm image in your head when you consider drowning. Not so much for the risks after a person is pulled out of the water. There is still a substantial risk of severe injury or even death after being removed from a potential drowning situation. Consider the causes and effects of such issues and how you can prevent them.

    This article is brought to you by the Ehline Law Firm out of Los Angeles, CA. Ehline Law is a leading public safety advocate and a major force against drowning deaths.

    Dry Drowning and Traditional Water Risks

    Dry drowning is a bit of nebulous term. Perhaps the easiest way to explain it is the risk of death due to drowning after being removed from the water. Water left in the lungs or organ damage still poses a risk for the patient. Furthermore, this is especially the case for young people.

    Between one and two percent of all drowning deaths are caused by this condition. Dry drowning also affects the body after water enters it through the nose or mouth. This can cause the body to shut down to prevent further water from entering in. These effects and involuntary spasms can last for up to 24 hours.

    If your child shows the symptoms of dry drowning, get them to a doctor immediately. This can include coughing well beyond the initial incident or gasping for air. Some young people throw up or are dizzy. Each one is a potential danger that should be remedied as soon as possible. Don’t make unnecessary risks when such an event happens. Drowning in any form can be a major issue for people of all ages.

    For more info or to find out how to prevent other types of injuries, keep reading our column. We look forward to seeing you here!

    Los Angeles Sidewalk Dangers Among the Worst

    Poorly Updated Walkways and Getting Poorer?

    As a personal injury lawyer, I handle trip and fall cases all the time. I am here to tell you that I am getting more and more reports of people tripping on misleveled public sidewalks in LA County. You aren’t imagining things. Los Angeles’ sidewalks are often that bad. Outside observers consistently rate the City of Angels’ system among the worst in the country. And they keep getting worse. There’s not much that can be done, say the city leaders.

    The municipality’s taken bad grades for its management. The sidewalks are very handicapped unsafe. They are also dotted with thousands of slip, trip, and fall hazards. These include upended concrete and tree roots, and more. There’s just no way around it.

    How Did it Get This Way?

    The LA Times had a piece on the sidewalk situation. In it, the paper delved into the myriad problems facing the city’s system. The city pledged $1.4 billion over 30 years to fix the issues, but it seems too little too late. There’s 10,000 miles of sidewalks across the metro area, and there’s no firm register of all of them. For all the money the city collects and claims it puts into infrastructure, the results talk for themselves. In many areas, the city’s means are not enough.

    Even in all of its spending, high personnel cost and poor maintenance each play a role. The city also has a severe issue for handicapped and elderly residents. LA was designed as a car-oriented town. And it remains so. The LA Times estimates that there’s 2,500 miles of sidewalks needing repairs. The city also had to pay out $8.3 million for settlements and complaints.

    For years there was no funding for sidewalks at all!

    Negligence and Oversight

    NBC reported that the city refused to pay out for settlements involving sidewalk injuries. Furthermore, the city is at fault. However, it won’t pay for any of it. This includes some sidewalks the city knew were dangerous.

    Among the most common causes for such sidewalk injuries are:

    • Tree roots and branches
    • Lack of handicapped access
    • Ill-repaired or designed sidewalks
    • Cracks and outer edges

    Each of these is a unique issue that the city ignored over years. Here’s an opportunity for the city and residents to work together for the common good.

    Since it appears the city’s response is lacking, there’s something else we can do. We each have a role in it. The Ehline Law Firm Personal Injury Attorneys, APLC is a leading public and pedestrian law firm. We work for our clients and the general public. Furthermore, if you have any questions, please contact us.

    Keep reading this site for updates and more info on the LA sidewalk situation.

    Proving Negligence Of Business To Prove The Case

    Michael Ehline at the court
    United States Supreme Court

    People often think that the legal costs in a case are the biggest hurdle in their pursuit of justice. However, that’s not completely true. Most lawyers are now providing their services on contingency fee basis. What this means is that you pay lawyer’s fee only when the legal pro has successfully won the settlement for you.

    If you win nothing the legal counsel gets nothing. The most difficult part of any case is to prove it. When you sue someone for negligence and want a financial award. The business would mostly try to prove that there was no negligence and that the case is not valid.

    This happens quite often when people have to fight their cases against big companies and businesses. Because they have money and thus they can afford the best legal teams to defend them. They would try their best to prove that there was no negligence on their part. That the damages done to the victim were unavoidable in any circumstances.

    This is a common thing that happens when patrons get hurt within business premises by the assault of a third party. In this scenario the business is required to fulfill its responsibility of having ample security for the customers.

    The Negligent Security Cases.

    When businesses fail to provide the needed security to their customers its said that they showed negligence toward security measures. A business that has the public coming within its premises has to provide security to its customers. If it is within the knowledge of the business that crimes can occur it becomes a responsibility for business to protect its patrons.

    When this business does not provide the needed security and a criminal activity results. One that causes harm the patron or causing damage to his property the business will become held liable. The important thing to look into in cases of negligent security, such as when a gang banger shoots up a club or a disco. Then there is the foreseeability of the crime. In other words, was there a history, or knowledge that gang-bangers have caused trouble in the area.

    From foreseeability we mean that it was in the knowledge of the business (the runners of the business) that a crime can take place.

    What is the Stance of Defense Counsel?

    Attorneys for the defense will almost always argue they had no knowledge of any potential problem. They will come up with a litany of excuses to avoid paying for the injuries of victims at their bar, nightclub, or regular old corporate offices. (Learn more.) But courts will look for whether or not a duty’s owed. A duty was then breached if it was or was not foreseeable and someone is hurt  due to the crime of another. One taking place while you were hanging out at my business, for example. If those basic things are present in the case, then the jury instructions will provide the framework to the trier of fact. As to whether or not, based upon the totality of the circumstances defendant(s) are/is liable as follows:

    Series 1000 – Premises Liability

    What’s The Foreseeability Of Crime Test?

    Whether the victim will win in a case where a third party committed a crime against you, while you were visiting the premises of the defendant. This is majorly dependent on proving foreseeability of a crime in such cases.  This is the threshold you must meet, or the court could dismiss your case with, or without prejudice to you re-filing the case.

    So naturally, a true personal injury warrior will note that this is a very important element. One to become nailed down before you consider moving forward with your lawsuit. From foreseeability we mean that it was in the knowledge of the business (the runners of the business). That a crime can take place.

    Businesses and Crime.

    In some cases, it’s implied that the business should have been aware of the fact that a crime could take place within the premises. Constructive knowledge is the term that indicates such knowledge. It is to become assessed in these cases what had been happening around the business in the past.

    Any crime that took place in the past that gave an indication that a crime might take place is enough reason for a business to take security measures.

    How recently a crime had taken place in the vicinity of the business where the victim has suffered harm. This is also of importance in deciding the foreseeability of the crime. If the incident that has harmed the claiming victim in the case was similar to ones that had taken place in the past in the proximity of the business.

    It would be said that the business should have foreseen similar scenarios in future. Now, here is another important factor that comes into discussion when proving the foreseeability of a crime in a case. The similarity between the incidents that took place in the past and the one that injured the plaintiff.

    Knowledge of the Crime

    How recently a crime had taken place in the vicinity of the business where the victim has suffered harm. This is also of importance in deciding the foreseeability of the crime. If the incident that has harmed the claiming victim in the case was similar to ones that had taken place in the past in the proximity of the business. It would be said that the business should have foreseen similar scenarios in future.

    Now, here is another important factor that comes into discussion when proving the foreseeability of a crime in a case. The similarity between the incidents that took place in the past and the one that injured the plaintiff.

    Similarity Of Cases And Foreseeability

    This is quite a debate topic and has been a controversy in many court cases as well. Different state judges are of different opinions in this particular scenario. Some judges believe that only natural and similar crimes allow a business to foresee an upcoming danger.

    According to them a business will only become held responsible for security negligence if it did not succeed in taking security measures. Despite the fact that many similar cases had taken place in the proximity of the business in recent times.

    If in the past a robbery had taken place in the nearby store. It will not instantly prove security negligence from the business if a battery incident takes place on its premises. In order to prove the foreseeability of the crime. That event had to be similar in nature.

    This theory is not accepted by all courts. Some decisions of cases given that contradict this theory of similar of incidents. There are courts that have given decision in the favor of the victim even when the incidents were not similar.

    The Stance Of The Plaintiff In Security Negligence Case.

    From above information we can easily conclude that any victim who wants to prove that business’ security negligent. Then caused damages to him has to come up with ample evidence to prove that the business knew or should have known about the possibility of the crime.

    The plaintiff will have to collect information about past cases in which a crime had taken place in the vicinity of the business. It is always best that the plaintiff collect information about cases that are closely similar to the incident that has caused him/her injuries.

    Information about crimes that were not similar to the recent incident that has resulted in harm to the victim. This should also be collected it is because the courts will not always look at the similarity of the cases. But will also bear in mind the fact that any crime in the vicinity of the business should have urged the business to take security measures to protect its patrons.

    Security Negligence Cases In Los Angeles.

    Los Angeles is one of the most populous regions in the US. Crimes are taking place in this area every minute. If you have been part of an incident where you suffered harm or your property got damaged when you were in a business’ premises. You should contact an experienced law firm as soon as possible. Ehline Law Firm is one of the most reliable law firms for the citizens of L.A. They have some of the most seasoned and passionate lawyers on the roster. They focus on helping victims with their personal injury cases.

    Citations

    http://legal-dictionary.thefreedictionary.com/Foreseeability   The Free Dictionary Foreseeability legal definition of Foreseeability

    http://www.nolo.com/dictionary/foreseeability-term.html   Foreseeability | Nolo’s Free Dictionary of Law Terms and Legal Definitions

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    Personal Injury Attorneys, APLC

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    Los Angeles, CA 90071

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