There are guidelines that determine what is considered a hazardous condition in Los Angeles slip and fall cases. Much of the determination is based on the property owner’s actions. For conditions to be considered hazardous, the property owner must know about it or should have known about it if they were taking proper care of the facility.
Even more, the property owner must have ignored the problem or failed to fix it promptly. This amounts to negligence since the property owner knew there was a problem and did not take the proper steps to prevent injuries.
Another condition that must be met for a location to be considered hazardous is that the dangerous conditions must not be obvious to people in the area. For example, going to a park where there is a forest fire is dangerous.
Although the property owner should have known about the fire and taking action to prevent damage, the danger is apparent to anyone in the area. That means those people are responsible for protecting themselves and cannot hold the property owner liable if they failed to do so.
Example of Hazardous Conditions
The Occupational Safety and Health Administration (OSHA) and other legislative groups concerned with workplace safety discuss the concept of hazardous conditions at length. However, anyone can experience hazardous conditions anywhere.
According to OSHA, a hazard is a situation or condition where it is likely that someone will be injured if conditions do not change. There are many hazards in occupations, which is why there are so many safety regulations.
An example of a hazardous condition is a disorganized construction zone. Leaving materials around that could fall on someone is a potential hazard. Likewise, walking into a building that has uneven and unfinished floors can be a hazard. Both are conditions that the owner should know about but has failed to correct it. If these hazards injure someone, the companies involved can be held liable.
The key to winning your case is determining liability for any of the injuries or damages. This can be challenging, depending on the situation. If you are injured due to hazardous condition work, your employer could be held liable. However, there are specific conditions where this can happen.
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Seeking Financial Restitution
Your lawsuit’s goal is to collect financial restitution from the party that is liable for your injuries. You collect that compensation by claiming specific expenses in your lawsuit. Each claim is used to justify the compensation you are seeking.
Depending on how your accident happened, you might not be able to file a lawsuit right away. Some states have a process for you to follow before taking legal action. Government agencies have a claims process that only requires that you fill out a form to get started. OSHA violations also have a claims process. If you are injured at work because of an OSHA violation, you could report it to OSHA for further review.
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Understanding Your Rights
If you are injured because of someone else’s actions, you can take legal action. The goal is to collect financial compensation that can help you with your expenses. That way, you do not have to struggle with the costs of your recovery. This can be a major problem for victims since they may not have the funds available to afford all of the treatments that they need.
If you are unsure whether you want to file a lawsuit, you can take some time to think about it. However, there is a limited amount of time to do so.
According to the California Code of Civil Procedure (CCP) §335.1, you have up to two years from the date of the incident to file a claim for compensation. You have even less time if the injury happened on government property, or there is a specialized process to follow.
This usually reduces your time to start legal action to six months. If there is a possibility of filing a lawsuit, reach out to a lawyer’s office for assistance in determining what your legal options are.
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Recovering from an injury in what could be considered a hazardous condition in Los Angeles slip and fall cases can be difficult, especially if you are working to repair your finances alongside your health. Fortunately, you can take legal action to help protect your finances from long-term damage.
Do not miss your opportunity to give your finances from falling apart under the stress of expenses that you did not cause. Contact Pintas & Mullins Law Firm at (800) 223-5115 for a free consultation.