Easton & Easton recientemente adquirió $2,000,000 para un cliente que se cayó de un andamio de 2 pisos mientras ayudaba al Presidente de la HOA a intentar quitar los aleros del segundo piso de la fachada de una casa adosada. El Presidente de la Asociación de Propietarios había montado el andamio por negligencia, pero los demandados alegaron que nuestro cliente había llevado negligentemente una escalera a la parte superior del andamio y estaba trabajando en la escalera cuando se cayó. Los demandados también alegaron que nuestro cliente había subido al tejado del edificio y se había mareado antes de caer, por lo que consideraban que era 100% responsable de sus propias lesiones, independientemente de si había caído desde el tejado o desde la escalera que había subido negligentemente a la parte superior del andamio.
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 límites de la póliza de.
This is just one example of the success our firm has had in representing victims of property owner negligence in Orange County. If you are unsure whether you have grounds to file a premises liability claim, it is vital that you contact an Orange County premises liability lawyer as soon as possible after your accident so you have the greatest chance of success with the recovery efforts you attempt.
A premises liability claim is a form of personal injury claim, and the ultimate objective of any personal injury claim is for the plaintiff to be made whole again after suffering harm from a defendant’s actions. Your Orange County premises liability lawyer can help you recover compensation for all the pérdidas económicas you incurred from the incident, as well as compensation for projected future losses and your pain and suffering.
Easton & Easton can work closely with you to help determine the full scope of damages that you could potentially include in your claim. We can help calculate projected future losses like ongoing medical treatment costs for a severe injury and lost earning potential if you have been permanently disabled. We can also aim to maximize the pain and suffering compensation you secure from the defendant.
Q: How Do You Prove Fault in a Premises Liability Case?
A: Success with your impending premises liability claim will require proving that the property owner failed to address a foreseeable safety issue that directly caused your injury. You must also prove that you were legally present on the property and that it was not an open and obvious hazard that caused your damages. If you are found partially liable for your accident, it will diminish the compensation you secure from the defendant.
P: ¿Cuál es el plazo de prescripción de la responsabilidad civil derivada del uso de locales?
A: The statute of limitations is the time limit for filing a particular type of case. A premises liability claim is a type of personal injury claim, and California upholds a two-year statute of limitations for personal injury claims. This statute begins on the date your injury occurred, and if you do not file your claim within the statute of limitations, you will lose your chance to recover compensation for your damages from the defendant.
Q: How Does Comparative Fault Work in Premises Liability Claims?
A: The state enforces the pure comparative fault statute, which means each party found liable for the damages cited in a claim will lose a percentage of the total compensation won from the at-fault driver. For example, 10% fault means losing 10% of the case award, 30% fault would mean losing 30%, and it’s possible for the plaintiff to be found more at fault than the defendant and still recover compensation.
Q: Why Should I Hire an Orange County Premises Liability Lawyer?
A: An experienced attorney can make handling your claim much easier, and you will be more likely to maximize your total compensation with their assistance. When you have Easton & Easton representing you, you will have a dedicated legal advocate ready to provide answers to your questions and updates on your case’s progress so you can rest and recover with peace of mind. You’re more likely to win your case with their guidance and support.
Q: What Are Attorney Fees for an Orange County Premises Liability Lawyer?
A: The team at Easton & Easton uses a contingency fee policy to bill our clients, meaning you will not pay any upfront or ongoing attorney fees for our representation. Instead, we will take a percentage of your final case award as our fee, and only if and when we win your case. There is no fee at all if we are unable to obtain compensation for your damages, so there is no economic risk in choosing our team to represent your case.
You may have many more pressing legal questions in the aftermath of your premises liability accident in Orange County, and the sooner you connect to an attorney you can trust, the sooner you can get the answers you need in this difficult situation. Póngase en contacto con Easton & Easton hoy mismo to schedule a free consultation with an Orange County premises liability lawyer and learn more about the legal services we provide.