Premises Liability Attorneys
At the Law Office of Daniel J. O’Neill, we advise and represent people whose injuries were caused by a property owner’s negligent failure to maintain buildings or land in a reasonably safe condition. To learn about your legal rights and the best ways to pursue them, contact our office in San Luis Obispo for a free initial consultation with an AV-rated* attorney.
Get Advice About Premises Liability Litigation
The law of premises liability covers the claims and defenses that must be resolved in situations ranging from a slip-and-fall accident in a retail store to children’s injuries suffered on unsafe property. The central question will often come down to whether the property owner had the responsibility to warn or protect the victim from a known or foreseeable risk.
With over 35 years of personal injury litigation experience, Daniel O’Neill knows how to develop and present the evidence of liability and damages in premises liability cases. He works to achieve two goals: first, to make sure that every element of your case satisfies the legal standards of proof; and next, to show just how your accident affected you and your family in terms that anyone can understand.
We work closely with our clients to help you get the most out of your claims in such situations as:
- Slips, trips or falls on wet or oily surfaces
- Swimming pool accidents
- Dog bites or other animal attacks
- Accidents on public properties
- Recreational accidents, such as water-skiing injuries or boat rental mishaps
- Injuries caused by defective building components or falling overhead objects
- Injuries to a child at construction sites, fire pits, playgrounds or other facilities
- Workplace accidents caused by dangerous property conditions
- Injuries resulting from negligent security at hotels, resorts, bars or entertainment venues
What to Do If You Slip and Fall in a Restaurant
Though it may be too late to go back and make changes to the way you’ve reacted or steps you’ve taken at the time of the incident, it is helpful to know what you should do. Here are some guidelines to follow:
Notify the Person in Charge
Your goal here is to ensure that the management or the owner of the property knows that something occurred. Documentation is important here. Be sure they know what’s occurring but do not speak to the insurance company or make any claims about what you did at that time.
Seek Medical Attention
Even if you think you are okay, you should seek out medical help immediately. It is by far the most important step you can take to document your injuries. Though you do not have to go to the emergency room by ambulance, be sure you make a trip to an urgent care or emergency room.
Take Photos of the Incident
Take photos of the area after your slip and fall in order to help support your evidence and claims. Be sure to use a timestamp on them. Obviously, these will be taken after you’ve fallen, but they still help to document the events that occurred.
Gather and Maintain Evidence
If you fell and torn the leg of your pants, keep the pants. If you know someone saw you fall and witnessed the entire process, gather that person’s name and information. This information can later be helpful, and no small amount is insignificant. Your clothing may have a substance on them from the floor.
Obtain (and Maintain) Medical Care
If you suffered a slip and fall, you likely would not feel the full extent of your injuries until the day or so afterward. You may notice back, neck, or leg pain. You may develop concerns later on. Establishing the injury occurred that day is important. The second step is to continue with the medical care that is being suggested to you. You may be told to follow up with your doctor in the next 24 hours. Do so. You may also be told to seek out x-rays or even long-term care. It is important to take each one of these steps and document your need for doing so.
Don’t Talk About What’s Happened Any More Than Necessary
One of the biggest mistakes you can make it broadcasting what occurred on social media. You don’t want to talk about it with staff at the location either. The restaurant could use this information against you later. For example, you may make a claim during a social media post that is inaccurate. Additionally, it is best to simply avoid being on social media after the incident occurs until it is settled. If you post photos or a description about how you spent your day ice skating, and you are claiming back pain, that’s going to hurt you in the long run.
Our law firm handles premises liability injury claims ranging from fractures or soft-tissue trauma to severe brain or spinal cord damage. We can advise you about matters ranging from the approximate value of your claims to the best ways to overcome obstacles with health insurance or access to medical treatment.
To learn how you can benefit from the advice of an experienced personal injury lawyer, contact the Law Office of Daniel J. O’Neill in San Luis Obispo.
* AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories – legal ability and general ethical standards.