Many have the erroneous belief that if you slip, trip, fall, or are otherwise injured on someone else's property they must pay for your damages. This is true only if you can also prove that the condition on the property that caused your injury was unreasonably dangerous and was either created by the property owner or has existed long enough that it should have been corrected or warned of.
Unreasonably Dangerous Condition
Liability may be difficult to prove because the unreasonably dangerous condition may be altered or repaired before it is photographed or viewed by others. Puddles of water, for example, get mopped up. Early involvement of the attorneys at Easton & Easton, LLP is helpful and often essential in preserving the evidence necessary to win the case. Some of the types of accidents that occur due to unreasonably dangerous conditions are slip and falls, trip and falls, animal bites, swimming pool accidents, construction accidents, fires, inadequate security or protection, explosions, falling tree limbs, collapsing chairs, landslides, and virtually any type of accident occurring on someone else's property that causes injury due to an unreasonably dangerous condition. At Easton & Easton, LLP, we have represented many clients in all types of premises liability actions arising out of unreasonably dangerous conditions from slip and falls to trip and falls to construction accidents to falls into open grease pits at a restaurant to falls into an open sewer at an amusement park to being struck by a falling tree branch at a city park.
At Easton & Easton, LLP, our combined 70 years of experience allow us to seamlessly assess and coordinate medical care to make certain the full extent of our clients' injuries are identified, treated, and provable.
We understand the tricks, stratagems, and defenses the insurance companies and their attorneys use to defeat or minimize a claim, and at Easton & Easton, LLP, we utilize our experience, skill, and dedication to make certain our clients do not fall victim to the insurance companies' tricks and stratagems.
Please call us at 800-461-8259 for a free initial consultation. If our lawyers do not take your case, there is no charge.
Fall From Ladder Placed On Scaffolding By Our Client
Easton & Easton recently acquired $2,000,000 for a client who fell from a 2 story scaffolding while assisting the HOA President in trying to remove eaves on the second story of a townhome façade. The HOA President had negligently erected the scaffolding, but the Defendants contended that our client had negligently brought a ladder to the top of the scaffold and was working on the ladder when he fell. The Defendants also argued that our client had actually climbed onto the roof of the building and become dizzy before he fell, such that they believed he was 100% liable for his own injuries, regardless of whether he fell from the roof or the ladder he negligently brought on top of the scaffold.
In the litigation process, we discovered that the HOA had no workers compensation insurance and that the HOA President did not have a contractor's license for this kind of work. Because work on a scaffold requires a contractor's license, we used regulations under the Labor Code to show that our client was technically an "employee" of the HOA at the time of his injury, such that this was actually an employment-related injury. However, because the HOA had no workers compensation insurance to pay for employee injuries, this employment-related injury was therefore presumed to result from employer negligence under the Labor Code. Additionally, we showed that these laws prevented the employer from claiming any comparative negligence, assumption of the risk, or co-employee negligence defenses that they would have used to shift the blame to our client, thereby essentially making the HOA strictly liable for our client's injuries, which included multiple skull fractures and a traumatic brain injury. Through this intricate strategy of legal of reasoning, we convinced the HOA's insurance carrier of their liability in this matter, even if our client had been on the roof or a ladder on the scaffolding when he fell, such that they paid their full $2,000,000 policy limits.