Hogan Injury > Blog > Slip and Fall

Slip and Fall: Who is At Fault?

By | August 11th, 2013

QUESTION: I slipped while going down the stairs in my cousin’s apartment complex. The stairs were broken and the railing was hanging. I received a treatment from the ER for a sprained ankle, and had to go to therapy after. Who is at fault for the poorly maintained property? ANSWER: Landowners and possessors of land owe a nondelegable duty to put and maintain the premises (including its buildings and structures) in reasonably safe condition [CC § 1714(a)].  If it is proven that the said landowner or possessor is liable, the.

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Personal Injury in a Recreational Property

By | June 24th, 2013

QUESTION: My friend’s mother tripped over a curb in Disneyland’s California Adventure. She suffered injuries on her forehead and wrist. It happened at night and the curb was painted the same color as the walkway, making it hard to see especially at night. Do we have a case? ANSWER: A personal injury case may be borne out of the incident causing the injury provided that the same falls under the exception to the general rule of the so-called “recreational use immunity”. Generally, landowners and others with a possessory or non-possessory.

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The Lawyer’s Duty to Keep Their Clients Informed

By | March 8th, 2013

QUESTION: I retained an attorney to represent me after a slip and fall at a commercial property. However, I have not heard from my attorney if the lawsuit has been filed. Is my lawyer obliged to provide me with such information regarding the progress of my case? ANSWER: As clearly stated in the California Rules of Professional Conduct, attorneys have a duty to communicate with their clients and keep their clients “reasonably informed about significant developments relating to the employment or representation” (CRPC 3–500). Properly performing the job for which.

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Premises Liability Claim: The Case of Hazardous Parking Lot

By | March 7th, 2013

QUESTION: My wife stepped into a pothole in the parking lot after shopping in a local store. Several witnesses or regulars said they had warned the store about the pothole but they have not repaired it. Can we hold the “chain” responsible for not repairing the parking lot? ANSWER: Property owners and managers are required to keep their property and premises free of dangerous conditions to prevent possible harm to customers, tenants and other users. Owners and managers of such premises may be liable for negligence under a premises liability.

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Preserving the Integrity of the Claim

By | March 7th, 2013

QUESTION: I slipped off a broken uneven step outside the local post office and was immediately paralyzed with pain from a dislocated shoulder. After I slipped, an employee went out and salted the step, looked at me, and said I should get to the hospital. I was taken to the emergency where they took X-rays, and my arm was on a sling for 3 weeks. I have my wife and another person as witnesses to this incident. What are the steps I should take so that I could claim damages.

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