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Premises Liability & The Process of Filing A LawsuitAll property owners are expected to uphold the reasonable safety and security of their patrons, visitors, and customers while on their property. Under Premises Liability law, if someone injures themselves on someone else’s property as a result of the property owner’s failure to properly fix hazards or warn their patrons of said hazard, the property owner is to be held liable for the damages the injured patron have endured. Regarding being injured by an automatic sliding door, it is the property owner’s responsibility to ensure the sliding door is properly maintained. They are also expected to warn patrons of the potential hazard within a reasonable amount of time.
When filing an automatic door accident lawsuit against a property owner, it is incredibly important that you collect all the evidence you can immediately after the incident takes place. This evidence can include photographs, video footage, eyewitness accounts, medical bills or records, and police reports. It is also important that you report the incident to a property owner or staff right after the incident takes place. The longer you wait to collect proper evidence, the more likely a property owner will dispute your case in court.Proving negligence of the property owner’s expectation to maintain the premises is also required of having a satisfactory outcome to your lawsuit. To successfully establish negligence you must be able to show that the following is evident in your case:
- Duty: The plaintiff (injured or damaged party) must be able to show that the defendant (mobile home park owner) owed a legal duty to the plaintiff under the particular circumstances of the case.
- Breach: The plaintiff must be able to show that the defendant breached said legal duty through specific actions or failure to act appropriately
- Causation: The plaintiff must be able to show that the defendant’s actions or lack thereof caused the plaintiff’s injuries
- Damages: The plaintiff must be able to show that they endured some specific damages. This can usually be shown through the presentation of medical records, a loss of wages, or a loss of potential income.
Automatic Sliding Door Defects & Product LiabilityIn some cases, liability for automatic sliding door accidents doesn’t always fall on the property or store owner. Like all products, automatic sliding doors can be manufactured with defects that result in causing injury to the patrons or customers of the store. In this case, the manufacturer of the automatic sliding door would be found liable for the resulting damages. Under product liability laws, companies are expected to provide consumers with products that are safe, however, when a product causes injury said the consumer has every right to retain an experienced lawyer to help them sue the company for damages. However, when filing a product liability lawsuit, it is necessary that you can identify what company was responsible for the product defect. In most cases, some companies help move a product from the design floor to the retail store, and any one of these companies can be held completely liable for the damages. Listed below are the three common areas where a product defect typically occurs:
- Design Defects: These are the defects that can occur before the product is sent to the assembly line. The defects that occur in this stage of production are faults that make the product inherently dangerous. In most cases, these defects can lead to full-scale product recalls, and the company which organized the design of the product could be held liable for the damages.
- Manufacturing Defects: These defects typically occur on the assembly line of the product. They can range from minor mistakes along the manufacturing chain to reoccurring errors that can result in large recalls. In these instances, the manufacturing company could be deemed responsible for the damages.
- Marketing Defects: These defects occur during the marketing of a specific product. These defects include things like improper labeling, insufficient instructions, or inadequate safety warnings.
How Downtown L.A Law Firm Can HelpAt Downtown L.A Law Firm, our Los Angeles attorneys can help you sue for the injuries caused by an automatic sliding door. Clients who file a claim with our attorneys in Los Angeles can find some if not all of the following damages compensable to them:
- Past and Future Medical Expenses
- Loss of Income
- Loss of potential future income
- Emotional Damages (anxiety, depression, PTSD, etc…)
- Punitive Damages