According to a recent study, around 40 million American citizens visit a doctor because of the injury. And most of these injuries occur due to someone else’s negligence. Most of these accidents happen because of the common causes of injury like slip and fall and other reasons like these.
But schools ought to be the safest place for everyone because there are children everywhere. So, schools usually take care of everything but still, sometimes negligence takes place in school premises. And if that happens, you should know the rules of Premises Liability at Los Angeles county schools. Let’s talk about it in detail below.
What is premises liability at Los Angeles County schools?
Los Angeles County schools have a certain duty of care toward their routine tasks. For example, if the school’s floor is being washed, there should be some caution indicator for wet floors. Similarly, their electrical and other liable causes of injury like structural defects should be mentioned beforehand. If the school fails to provide this specific duty of care to everyone, and someone gets hurt because of that, then the school is liable. And the school will have to pay the premises liability in Los Angeles under the act of county schools. Everyone should always be cautious of possible accidents but the property owner and manager will be held responsible if anything goes wrong.
California premises liability law
According to California premises liability law Under CA Civ Code § 1714, “Everyone is responsible for their property. If someone gets hurt in their property either by their negligence or by their willful acts, they will have to pay the monetary damages or go through the whole legal process as well. Unless proved, someone got hurt by their willful acts.”
What to do after a premises liability accident?
Evidence is the key to your premises liability in LA County Schools. If you get hurt in LA, you should try to gather as much evidence as possible. Even if you cannot, there’s someone with you, to ask for help. Ask them to take photographs and videotape everything for proof.
- Take photographs and videos of the accident scene. Ask for help from someone around you even if you are unable to do it yourself. There can be a quick repair to the cause of your accident, so taking photos immediately after the accident is crucial.
- Inform the property owner or the manager if it’s a commercial property and the school principal if it is a school. Most of the school and commercial property managers give you a form to fill out in such cases.
- Talk to the eyewitnesses and get their names and contact details for furtherance.
- Never delay the emergency medical care. Not going to the doctor after the accident can influence your case negatively. The insurance companies can say that you are not serious or your accident was not severe enough to be paid as much as you asked. But most importantly, your health should be good so don’t compromise on your health and seek medical attention immediately and do what the doctor says.
Los Angeles school premises liability case examples
California law dictates that the property owner, manager, and the lessor of the property must ensure that their premises are kept safe for everyone. It doesn’t matter if the visitor belongs to that property or not. However, some decisive factors can change the whole scenario of the case. For example, if someone is trespassing or unlawfully on their premises, the case won’t be strong for the plaintiff. But other than that, it changes if a visitor is allowed on their property. Such as a friend, colleague, or family, the premises owner has to maintain their property for their safety.
Here are a few examples of the most common injuries overall and in schools.
- Dog bites
Animal attacks will hold the animal owner liable for their pet’s actions. For example, a dog bite is the most common type of injury that anyone can suffer from. Also, sometimes the dogs just bite their frequent visitors and that is also included in this law. It doesn’t matter if the dog owner knew about the dog’s aggressive behavior or not but they have to pay the extra duty of care towards their visitors.
- Negligent security
Negligent security also puts the owners of the premises in the liability category. They have to have proper lighting and camera monitoring such as in the parking lots. If negligent in this matter, it can cause sexual or physical assault, or carjacking in their parking lot. And that is not acceptable in the California law.
- Elevator accidents
Elevator accidents include a wide range of injuries. For example, if the elevator doors close too quickly and cause crushed hands or legs. Similarly, head and neck trauma; is caused by the abrupt starting and stopping of the elevator. This also includes escalator injuries that can lead people to hospital beds. Commercial elevators must be maintained and taken care of. The liable parties for elevators and escalators include owners, managers, repairers, and manufacturers.
- Swimming pool accidents
Swimming pool accidents are the biggest cause of accidents and deaths in the U.S. The swimming pool owners and the schools that have swimming pools in their playgrounds must keep their pools safe. Mostly children are the biggest victims of swimming pool accidents. Therefore, they need to have anti-entrapment devices installed in their pools as well. Even when the child doesn’t drown, the trauma can hold them forever like cognitive problems or permanent health issues.
- Slip and fall accidents
Slip and fall is the easiest way to the injury. It can occur because of anything. Such as uneven stairs, holes in the parking lot, ripped carpets, debris, or electrical cords in the walkways. Also, this includes broken or wet floors if someone doesn’t notice it or there’s no signage for that.
- Amusement park accidents
Amusement parks and school playgrounds can put a lot of people at risk at once. Hence, if failed to do so, faulty amusement equipment can cause serious injuries. Also, crowd control and wrong conduct in the overall experience can cause severe injuries.
FAQs – Frequently Asked Questions
What are the premises laws in California?
Premises liability in California dictates that the premises owner, manager, and the lessor should keep their premises safe. It doesn’t imply for the intruders but yes for every visitor they need to keep it safe to visit.
Are schools responsible for students after school in California?
Yes, the school is responsible for the students if their parents enroll them in after-school activities. Also, the school should be responsible for after-school commutes to home.
What are the premises of a school?
School premises are the land on which the school, its buildings, structure, and its superstructure are constructed. Therefore, every corner of the school should also be monitored and taken care of by the school management.
Conclusion
Overall the premises liability law is almost the same at every place. But the premises liability at Los Angeles County schools is a little different. Therefore, we have detailed everything in this article that is relatable to these injury cases. But since there might be some complications in your case, you must contact a premises liability lawyer right after the accident. If you have any questions, please reach out to us and we’ll guide you through the whole process.
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