The Law Offices of H.K. Graham was established with one thing in mind: to aggressively resolve your personal injury claim by getting the best results possible for you. That means making sure you recover physically and emotionally and you receive the maximum monetary recovery at the end of your treatment. Our job is to help you recover fully on all of these levels. We work with each client to guarantee full medical and emotional recovery.
Slip & fall cases are particularly difficult. A person who slips or trips is usually embarrassed and in pain. The person often does not realize how serious the injuries are until later. Consulting with our office as soon as possible after the incident can make the difference between a successful outcome or not. The Law Office of H.K. Graham provides focused, quality legal advice to those who have suffered a personal injury. Review the following question to determine if you have a case.
Q: If someone falls on a defective sidewalk and is injured, do they have a clam against the city?
A: In California there are statutes giving local governmental entities limited immunity affecting recovery in many kinds of cases against cities or towns. All government entities have a duty to keep streets and sidewalks in repair. In addition most local governments have statutes that require the private property owner where the sidewalk runs to be responsible for any defects. An injured party might have a successful case against the city, the county and/or the private owner of the land if they can show that a defect existed and the responsible parties failed to maintain the sidewalk properly. There are very important deadlines and procedural requirements for bringing such claims, so you may want to speak with an attorney if you believe that a municipality is responsible for your injuries.
Q: Who is liable if a person is injured while walking on a public sidewalk next to a construction site, after tripping over a debris from the site?
A: In some circumstances, the injured person will be able to recover damages from the construction company, which has a duty to take reasonable precautions to keep public sidewalks near its construction site free from bricks and other debris. If the company fails to remove such obstructions and someone trips and falls, the company may be liable. Construction companies should also tell pedestrians they could get injured if they stray from the sidewalk. Posting a sign is usually not enough. If a company fails to place barriers and warning lamps by a building pit, for example, it may be responsible if anyone falls into it and gets injured.
Q: What if someone gets injured while at someone’s home as an invited guest, there for a party?
A: Social guests are sometimes able to recover from their hosts, depending on how their injuries happened. Homeowners must tell their guests about, or correct, any dangerous conditions that guests are unlikely to recognize. For example, if an injury was caused when a guest tripped on a throw rug, he or she may be able to recover if he/she could prove that the host knew other people had tripped over it and the guest was unlikely to realize its danger. The host probably should have warned guests about it, removed it during the party, or secured it to the floor with tape or tacks.
Q: If someone falls and hurts themselves on a business’ premises, does she have any recourse against the business?
A: A business might be liable if someone slips or trips and fall on the premises. For example, if someone slips on spilled food or drink in a hotel bar or restaurant, snow and ice that has not been cleared from a walkway, or on wet tile floors or other slick surfaces in a store, the business might be liable. The issue is, Did the business know about the hazardous condition or should have known about the danger? If the business knew did it fail to warn visitors and/or clean it up? A business could also be liable if someone is injured because of a design or building flaw (such as steps that are too steep), or due to the business’ failure to light an area properly.
Q: Can a hotel be held responsible if someone is the victim of a crime at or near the hotel?
A: A hotel usually cannot be held liable for crimes committed on or near the hotel unless it should have anticipated the crime (for example, if the hotel is in a very high crime area) and could have prevented it, either by providing sufficient warnings or taking better security measures. In such situations, the hotel’s general duty to warn you about dangerous conditions may extend to a duty to warn about crime in or around the hotel. Furthermore, the hotel’s actions, such as failure to install proper locks on windows and doors, provide adequate lighting in parking areas or take adequate measures to ensure that passkeys are not used by criminals,
may make the hotel at least partially liable.
The Law Offices of H.K. Graham was established with one thing in mind: to aggressively resolve your personal injury claim by getting the best results possible for you. That means making sure you recover physically and emotionally and you receive the maximum monetary recovery at the end of your treatment. Our job is to help you recover fully on all of these levels.