The Law Offices of Brent W. Caldwell represents clients who suffer injuries due to the negligence of property and business owners. In a recent case, premises liability lawyer Brent Caldwell obtained a settlement of $500,000 for a client injured while visiting a trade show in Las Vegas.
The plaintiff in the case was a florist who traveled to Las Vegas for an industry trade show. While stopping by the booth of another vendor and browsing merchandise, a large 25-pound mounted sculpture fell from the wall. The sculpture landed on the plaintiff’s hand, causing serious injuries that required surgery.
When the firm sought compensation for the plaintiff’s injuries and losses from the defendant, they claimed that the sculpture only fell because the plaintiff touched and moved it. However, we demonstrated that the plaintiff did not touch the sculpture, and the real reason for the fall was the defendant’s use of the improper screws and mounting bracket. This caused the mounting to collapse and the sculpture to fall, causing the plaintiff’s injuries.
The defendant then agreed to a $500,000 settlement for the plaintiff’s injuries and losses.
Fighting Defenses in Premises Liability Claims
Premises liability claims arise when a property or business owner or manager acts negligently, resulting in hazards that cause injuries to visitors or customers. Many types of premises liability accidents can happen, including:
● Slip and falls
● Falls on stairs or from high places
● Getting struck by falling objects
● Pool and hot tub accidents
● Electrical injuries or burns
● Carbon monoxide poisoning
When you file a premises liability claim, you seek to hold the owner or manager who was negligent responsible for your losses. Not surprisingly, defendants will do anything they can to avoid liability, including presenting any and all possible defenses.
Challenging liability is a common defense tactic to avoid a settlement or jury award. If a defendant can show that a plaintiff was fully responsible for causing the accident, the plaintiff will recover nothing financially. Therefore, the defendant in the above case claimed that the plaintiff caused the sculpture to fall by touching and moving it. If that defense was successful, the plaintiff would have received nothing.
Defendants in premises liability cases can also admit partial liability, but state that the plaintiff contributed to the accident as well. This is called comparative negligence in California. If a jury finds the plaintiff was also negligent and shared responsibility, the plaintiff’s recovery would be reduced by their percentage of fault.
For example:
● A plaintiff was not paying attention and slipped and fell due to a hazard at a store
● It is determined that the plaintiff was 20 percent at fault for the accident
● The plaintiff then recovers 80 percent of their losses due to comparative negligence
In the above case, attorney Brent Caldwell defeated the defense, so the plaintiff received full compensation.
Speak with a Huntington Beach Premises Liability Lawyer
After any type of accident or injury, don’t wait to reach out to the Law Offices of Brent W. Caldwell. Contact us for a free case evaluation so we can begin protecting your rights as an injury victim.
