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It is important to know what to do after any type of accident. Not only could you have injuries that require immediate medical attention, but you may also have legal rights that need to be protected. It is important to know what to do to protect both your health and rights. Often, in the chaotic aftermath of an accident, it is difficult to know what to do.l
Learning about accidents can help you prepare to protect yourself in the event of an accident. The experienced injury attorneys at Arash Law have prepared this guide to help you know what to do if you are injured on someone else’s property. Learn more about what to do and what your rights are, as well as the most frequently asked questions our premises liability lawyers get about injuries caused by household accidents.
The first step is knowing what to do. What follows are the steps you can take after being injured on someone else’s property.
1.) Get Any Necessary Medical Attention.
Do not wait to be seen by a doctor. Many injuries do not show symptoms right away, and some of these “latent injuries” can be fatal. For example, internal bleeding is not usually obvious until you have an unsafe drop in blood pressure.
By the time you feel lightheaded, have numb extremities, or show other signs of internal bleeding, you’ve already lost a significant amount of blood. Your life could be at risk by the time you reach the hospital and undergo surgery to fix the damage. However, if you go to the ER immediately after the accident for an evaluation, the staff will notice your low blood pressure and investigate the possible causes.
You would receive the medical treatment you needed before your injuries put you in danger. Getting medical attention does not mean that you have to call an ambulance to the home where you were injured.
If you feel that you can safely make it to an urgent care facility or emergency department on your own, then feel free to do so. Even if the doctor only gives you a clean bill of health, the visit will not be wasted. Your attorney can use this visit as proof that you received medical help and didn’t worsen your injuries by delaying care.
2.) Consult An Attorney As Soon As Possible.
Once your immediate medical needs have been addressed, you can consult a personal injury lawyer. Anything you say at the scene of the accident could be used against you by the other party. Even blurting out something like “I’m so sorry!” or “I didn’t even see it!” can become a problem.
Insurance companies often use recorded statements to evaluate a claim. Engaging an attorney early in the process can help you navigate communications and protect your interests. The insurance company may no longer contact you about your accident once they are notified that you have an attorney.
All communications can go through your attorney’s office in order to protect you from accidentally saying something that could hurt your case. Your attorney can take other steps to protect your rights, as well. Sometimes an attorney must act quickly to preserve evidence after an accident.
Imagine that you slipped and fell in a store. You could have a premises liability claim against the store for your injuries, but in order to support it, you might need the store’s surveillance footage. Security footage is usually erased to free up space for new videos. If your attorney does not warn the store that this evidence must be preserved for litigation, the store might erase it, and it could be lost forever.
The injury attorneys at Arash Law know how to take action to prevent losing this evidence. We also know how to handle situations where the person who has the evidence does not want to turn it over.
3.) Follow Through On All Recommendations From Your Doctors.
Your doctor will likely make a series of recommendations for how to treat your injuries. It is important to follow your doctor’s advice. If they recommend that you go to physical therapy to reduce your pain, be sure to find a physical therapist as soon as you can, and continue attending sessions for as long as the physical therapist recommends it.
Doing so could increase your chances of recovering from your injuries to the best possible extent. There is also a significant legal reason for adhering to all your medical treatment. A negligent defendant is responsible for compensating the injured party for the injuries they cause.
However, if you delay getting medical treatment or do not complete all recommended treatments, you can make your own injuries worse. In this situation, the defendant is not responsible for exacerbating your injuries. This could weaken your claim and reduce the amount of compensation you’re eligible to pursue.
You may want to avoid being found responsible for worsening your own injuries. It is essential to document that you saw a doctor soon after the accident and followed all the advice they provided. If you are struggling to pay these medical bills, our attorneys can help you find ways to get the medical care you need.
If paying for medical care is challenging, our attorneys can assist you in exploring options for accessing treatment. In many premises liability cases, the at-fault property owner’s insurance may ultimately be responsible for the reasonable medical costs caused by the hazardous condition.
While waiting for the claim to resolve, your own health coverage may pay some expenses depending on your plan’s terms, but this varies widely. Some medical providers also offer payment plans, sliding-scale options, or deferred billing arrangements. The most important step is to get the medical care you need without delay.
4.) Document All Your Losses As Thoroughly As Possible.
In many injury cases, injured victims can pursue compensation for pain and suffering. Unfortunately, it can also be the most difficult thing to prove because you do not have receipts for the physical pain of your injuries or the emotional suffering you endured because of them. There are other ways to document your pain and suffering.
If you have bruises, cuts, swelling, or other visible injuries, be sure to get photographs of them. You can also keep a journal of your pain and discomfort to remind you of the specific ways that your pain affected your life. For example, perhaps your injuries cause chronic pain that keeps you from sleeping and impacts your overall quality of life.
These are very real effects of your injuries. Jurors understand that this suffering is real. When you can illustrate your losses with specific examples, it is easier for them to understand what it will really take to fairly compensate you for them.
The Law Of Premises Liability
One of the first questions our clients usually ask is, “Do I Have A Case?” To answer this question effectively, it is helpful to understand the law of premises liability. Here are answers to some common questions about premises liability to help you better understand your claim.
What Is Premises Liability?
Premises liability is a legal theory that holds property owners accountable for dangerous conditions on their properties. The law requires them to take basic precautions to avoid foreseeable injuries on their property. Those who fail to do so could be found legally responsible (“liable”) for the injuries that occur.
The precautions that an owner must take depend on the purpose for which the property is being used. Private homeowners need only warn their guests about hidden dangers they are aware of. On the other hand, business owners invite the public onto their premises for their own financial benefit.
In these circumstances, the law requires the business owner to actively inspect the property and ensure it is safe for the guests who are invited to spend money there. Retail stores, concert venues, sporting arenas, and water parks are just a few examples of businesses that must maintain a safe property.
What Is Considered “Negligent”?
So what, exactly, is considered to be negligent? What follows are just a few of the many examples of dangerous conditions on a property that could lead to premises liability:
- Inadequate security, such as a lack of guards or video cameras.
- Bad lighting is especially common in stairwells and other areas with uneven flooring.
- Loose railings on a staircase.
- Loose flooring, such as carpet, tile, wooden planks, or cement sidewalks.
- Pooling water from broken appliances, roof leaks, or old windows.
- Extension cords that are difficult to see but easy to trip over.
- Violations of the local building code.
- Failure to keep a dog properly restrained to prevent attacks.
- Falling merchandise from store shelves.
- Poor maintenance of an elevator or escalator.
- Squashed fruit and vegetables on the floor of the produce section.
These are just a few of the many examples of dangerous conditions that can exist on someone else’s property. If you are not sure whether your injury was the result of the property owner’s negligence, you can get legal guidance from your own attorney, not the defendant’s insurance company. The skilled premises liability lawyers at Arash Law know how to prove that a dangerous condition existed on a property and can help you establish the defendant’s negligence for allowing the condition to remain.
Who Can Be A Defendant In A Premises Liability Case?
There are many potential defendants in a premises liability case. If you are injured at a friend’s home, you might have an injury claim against them, which allows you to make a claim against the homeowners’ insurance policy. However, if the dangerous condition was caused by a negligent contractor, you could have a claim against that company as well.
If you were injured by a consumer product (for example, a defective hot water heater that causes severe burns), you might also have a products liability claim against the manufacturer of the faulty product. Additionally, if you are injured while on the clock for your employer, there is a possibility of filing a workers’ compensation claim. You do not have to be on the employer’s premises in order to file for workers’ compensation.
As you can see, there are many potential defendants in a personal injury case. Your case could have multiple defendants and multiple theories of liability, which is why it can be important to get an injury lawyer to review your particular case. If you do not have someone on your side, looking for all potential defendants and insurance policies that apply to your situation, you could miss out on the compensation you may be lawfully owed.
What If I Am Injured In My Own Apartment?
Some injury victims assume that they cannot file a claim for injuries that occur in their own homes. While most homeowners do not file claims against their own homeowners’ insurance policies, the process works a little differently when an injury occurs in a rental property. You are still liable for your own negligence.
For example, if you are injured when your closet rod crashes because you put too many clothes on it, the injury was not caused by the landlord’s negligence. However, if a dangerous condition on the property is known to the landlord and remains unaddressed, the landlord may be liable for any resulting injuries.
Landlords also have a legal obligation to keep the common areas safe for tenants. Many premises liability claims arise from injuries that occur on stairwells, in pools or hot tubs, in parking lots, and in other common areas of an apartment complex.
What If I Am Injured At An Airbnb?
In recent years, short-term rental properties have become hugely popular. This rise has also led to more Airbnb accidents and questions about who may be responsible when guests get injured. This new type of rental property has raised a new question of premises liability. In many cases, the Airbnb host is a homeowner renting out their own private property.
However, should they be treated as a homeowner for purposes of premises liability? After all, they are making money, so perhaps they should be treated more like a hotel. However, hotels have more staff and far more experience at making properties safe.
It does not seem fair to hold an individual homeowner to the same standard of care as a professional. This question is still being considered in courts across the country. While there is no definitive answer yet, the general rule is that an Airbnb host can be held liable for their negligence.
For example, if your host had a loose gas line that caused carbon monoxide poisoning, this would likely constitute negligence. Since these situations are still being considered on a case-by-case basis, consider consulting with an attorney about your specific situation. Airbnb accident lawyers can assess your case and guide you through the process of seeking compensation. These rules apply to all short-term rentals, whether they are made through Airbnb, VRBO, or a property management company.
If I Am Injured At A Friend’s House, Do I Have To Sue My Friend?
Many injuries occur in private homes. If you get hurt in the house of a family member or friend, it is possible that your premises liability claim will be against someone to whom you are close. This could be an awkward situation.
However, many cases can be settled directly with the homeowner’s insurance carrier without ever filing a lawsuit against your friend or family member. If negotiations break down and your attorney advises you to file a lawsuit, there will be time to prepare for this situation. Discussing it with the homeowner can be helpful, but be cautious not to say anything that could harm your case.
Be sure to check with your attorney about what to say before you say anything about the case to the homeowner. Some friendships might be able to survive this difficult situation, but unfortunately, some do not. In either event, it is essential to understand your rights before deciding whether to file a claim against the homeowner.
Experienced California Accident Lawyers For Injuries That Occur On Someone Else’s Property
If you’re searching for a “California personal injury attorney near me,” consider consulting our established California injury law firm. At Arash Law, our injury attorneys have decades of experience handling cases for clients all across the Golden State. We can assist with injury claims such as slip-and-fall, dog bites, and more.
Our California accident lawyers serve clients in Los Angeles, Bakersfield, San Francisco, Riverside, San Jose, San Diego, Fresno, Sacramento, Sherman Oaks, Redding, and throughout the state. Call (888) 488-1391 today to schedule your free initial consultation. Consider consulting an experienced injury lawyer to advocate for your rights.
