Category

Premises Liability

Can I File A Clam If I Was Injured While Attending A Professional Sporting Event?

By | Injured At Sporting Event, Premises Liability | No Comments

When you attend a sporting event, the last thing on your mind is the risk of injury. Unfortunately, injuries sustained at sporting events affect dozens of people every year, with injuries occurring as a result of everything from foul balls to rowdy fans to facility defects.

If you have been injured while attending a professional sporting event, you may be able to file a claim against the at-fault party. However, it’s important that you understand a few key elements first, which may affect your ability to recover damages. If you have questions or want answers specifically related to your case, don’t hesitate to contact the Ventura County personal injury law firm of the Quirk Law Firm, LLP.

Assumption of Risk & Waivers

When you attend a pro sporting event, you are assuming a certain level of risk. For example, if you attend a baseball game, a fly ball that is hit into the stand isn’t common, but it does happen. When you attend that game, you are knowingly choosing to go to the game despite the fact that the risk – which you should also know about – exists. As such, if you are harmed in an accident during an activity that you could have foreseen and yet choose to partake in regardless, the defense may argue that you assumed risk, and therefore the defendant cannot be held liable.

In fact, in some cases, a waiver of liability may even be printed on your ticket (you should always look at your tickets before attending a game). This waiver may state that you are waiving all rights to file a lawsuit for injuries that are incurred during the event.

Premises Liability – A Whole Different Ballgame

While you may be assuming the risk of being hit by a foul ball when attending a baseball game, you may not have any idea that the escalator at the game you’re attending is defective, and that it will result in your fall accident that leads to serious injuries. When a part of the premises that you’re on is not maintained to a reasonably safe standard and a hazard or defect exists that the property owner should have remedied, and when this hazard causes an injury, you may be able to file a negligence-based premises liability claim against the owner of the property.

What About Injuries from Rowdy Fans?

If a rowdy fan assaults you, you may be able to pursue a personal injury claim against that party depending upon the circumstances. If you participated in or encourage the assault, you may be found partially negligent for your injuries, and your damages will be reduced as such.

How We Can Help

At the Quirk Law Firm, LLC, Ventura personal injury attorney Trevor Quirk and team care about you. If you are injured at a professional sporting event, we will thoroughly review your claim to determine whether or not you have a case and how much your claim may be worth. Contact us today for a free case review.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

I Was Involved In A Slip & Fall Case At Work…What Should I Do Now?

By | Premises Liability, Slip & Fall, Work Injuries | No Comments

Accidents while working can happen in any occupation, and the injuries that result can be severe. At the Quirk Law Firm LLP, we know that slip and fall accident injuries are among the most common type of personal injury to occur in the workplace, and can result in lasting ramifications that require ongoing medical care while impacting your ability to work or engage in hobbies and activities you once enjoyed. Fortunately, workers’ compensation benefits may be available to help you through your recovery, and our Ventura slip and fall accident lawyers have some tips to follow to ensure you get the amount of compensation you deserve.

Common Places Slip and Fall Accidents Occur

The National Safety Council (NSC) reports that slip and fall accidents are one of the leading causes of accidents injury each year in the United States, sending roughly eight million people to hospital emergency rooms for injuries that range from mild to severe, potentially debilitating, and even life threatening. The NSC reports that some of the most common places for these accident to occur include the following:

  • At doorways, entrances, and exits, where crowds and uneven surfaces can present trip and fall hazards;
  • In cluttered hallways and aisles;
  • On wet and slippery floors, or places with uneven carpeting;
  • On unstable work surfaces, such as step stools and ladders;
  • On places which lack handrails or security barriers, such as on stairwells and upper floor levels;
  • On walkways or sidewalks with surfaces that are cracked or uneven.

Slip and Fall At Work Injuries

According to research from the National Floor Safety Institute, slip and fall accidents while working are one of the leading causes of workers’ compensation claims. Injuries that can impair your ability to work or perform on-the-job tasks include the following:

  • Muscle, tendon, and ligament strains, sprains, and tears;
  • Broken bones and dislocated joints;
  • Back injuries; such as slipped or herniated disks;
  • Head and neck injuries, including concussion and Traumatic Brain Injury (TBI).

If you are injured as the result of a slip and fall at work, you may be entitled to compensation, either through the California Division of Workers’ Compensation, or through a personal injury lawsuit.

Reach Out to Us Today for Help

If you or someone you care about is injured while working, contact our Ventura accident attorney right away. At the Quirk Law Firm, LLP, we provide the aggressive legal representation you need to get the compensation you are entitled to, including coverage of your medical expenses and lost wages. As your full service personal injury law firm, we can help protect your rights, while assisting you in getting the benefits you deserve. We serve Ventura, California and the surrounding areas; call or contact us online today for a free consultation.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

What You Need To Know About Your Premises Liability Injury

By | Premises Liability | No Comments

Accidents in which you are injured while on another’s property can leave you suffering serious and even debilitating injuries. These injuries can take months or even years to completely heal, and may leave you suffering permanent disabilities. When you have suffered this type of injury, you need aggressive legal representation to assist in getting the compensation you need to recover. At the Quirk Law Firm LLP, our injury accident lawyers are here to help. Our premises liability law firm can assist you, either in negotiations with insurance companies or by filing a personal injury lawsuit, ensuring your legal rights are protected.

Premises Liability Injuries

Under Section 1714 of the California Civil Code, property owners and managers can be held legally responsible for any injuries that occur on their property. These types of injuries may occur as the result of dangerous conditions that should have been corrected, such as uneven walkways, loose shelving fixtures, or poorly lit emergency exits, as well as injuries that occur due to failure to warn visitors about safety hazards, such as wet floors, areas under construction, or pools with no lifeguard in attendance. Injuries sustained due to these types of conditions may include the following:

  • Broken bones and fractures;
  • Muscle strains, sprains, and tears;
  • Severe lacerations and bruising;
  • Back and neck trauma;
  • Head injuries, including skull fractures and traumatic brain injury.

Compensation For Premises Liability Injuries

While people often consider the above types of injuries as being accidental, they are generally the result of another person’s negligence. Black’s Law Dictionary defines negligence either as acting in a way a reasonable person would not have acted in similar circumstances, or failing to take an action a reasonable person would have taken. This includes failing to make the proper repairs to property, as well as failing to warn visitors of potential hazards. When an accident does occur, you may be entitled to compensation, through either an insurance company claim or through a personal injury lawsuit. Types of compensation you may be entitled to include the following:

  • Medical expenses, including the costs associated with diagnosing and treating your condition;
  • Physical therapy and rehabilitation necessary to recovery;
  • Lost wages due to your injury;
  • Future losses in income as the result of lasting disabilities.

In addition to the above types of compensation, you may also be entitled to additional damages awarded through the court, such as pain and suffering, and punitive damages meant to punish those who exhibit particularly reckless or negligent conduct.

Providing Aggressive Legal Representation To Get You Results

If you or someone you care about suffers an injury as the result of dangerous conditions on another’s property, get the experienced legal representation you need and contact the Quirk Law Firm LLP today. As a full service premises liability law firm, our experienced accident injury lawyers can advise you on how to hold responsible parties accountable, and assist you in getting the compensation you are entitled to. We serve Ventura, California and the surrounding areas. Call 805-650-7778 or contact us online today for a free consultation.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778

What Are The Most Frequent Type Of Work Injuries People Suffer In Ventura?

By | Premises Liability, Work Injuries | No Comments

Sometimes, despite our best efforts, workplace injuries in Ventura do happen. While statistics point to specific trends in injuries, they do tend to occur without warning, in nearly every injury. If you are harmed by an unsafe condition, or by someone else’s negligence, you may be entitled to compensation for your workplace injury.

Injury Statistics

If one looks at the most recent data available from the Bureau of Labor Statistics, a number of conclusions can be drawn. The total number of recordable cases of illness or injury, where a worker either missed days of work or was transferred (to light duty or another job that would not be affected by an injury), decreased in 2014 to approximately 3.2 cases per 100 full-time workers (often written as 3.2/100). The rate has been steadily dropping overall for the last decade, hitting this low point from an all-time high of 4.8/100 in 2004. However, if one looks closer, we can see specific injury trends, both in terms of those affected, and the most common types of injuries sustained.

The Occupational Safety & Health Administration (OSHA) shows that certain standards are violated by employers (or employees) far more often than others, and repeated violation of certain OSHA standards leads to similar types of injury. By far the most common violated OSHA standards, according to recent data, were in the construction injury – lack of fall protection and improperly constructed scaffolds led to significant injury. However, in other industries, there were also notable patterns – namely, failures to warn of potential hazards on the job and lack of emergency preparation.

Patterns and Premises Liability

If one wants to examine specific types of injuries in further detail, the information necessarily becomes somewhat more anecdotal, simply because each person’s injury occurs in a slightly different manner. However, it is possible to notice patterns in injury reports and adjust accordingly, especially if you are a landlord or business owner.

Recent surveys identify musculoskeletal injuries as the type of harm most likely sustained in a workplace accident. More specifically, slip and fall injuries are the type most often seen in a non-vehicle setting, as they can occur in nearly any type of workplace, from a white-collar office to a blue-collar factory floor. While prevalence of such injuries is not probative – that is, it is not an immediate guarantee that compensation will be paid to you – it can help to illustrate a picture of a workplace where safety may not be the first priority. If many people are having accidents at your job, it is not out of the realm of possibility that part of the reason may be a culture of laxity.

While most of the time, employees who are injured on the job are entitled to workers’ compensation, they may also have a case in what is referred to as premises liability, especially if the alleged negligence on the employer’s part is egregious. Repeated incidents where employees sustain the same injury may help point out a breach in the standard of care.

Seek Ventura Law Help From The Quirk Law Firm

If you or a loved one has been in a slip and fall accident, the facts of the case will govern what type of compensation you may be entitled to. However, engaging an experienced premises liability lawyer in Ventura can help tip the balance in your favor. Trevor Quirk of the Quirk Law Firm has been handling these types of cases for many years, and can provide knowledgeable personal injury help for you and your family if you have been injured at your job. Contact our offices today to seek Ventura law help from the Quirk Law Firm.

This Blog Was Provided By:

Quirk Law Firm, LLP

4222 Market Street, Suite C
Ventura, California 93003

Phone: 805-650-7778