VERDICT SEARCH HAS SELECTED Fiumara & Milligan Law, PC $5.26 MILLION DOLLAR PREMISES LIABILITY CASE AS NUMBER 1 IN THIS CATEGORY OF CASES IN THE STATE OF CALIFORNIA FOR 2014.
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Have you ever been injured due to a negligent property owner?
The cases in which property owners are found to be liable for injuries commonly known as “premises liability cases” include, but are not limited to the workplace, visits to commercial or industrial sites, both indoor and outdoor swimming pools, or on the property of a private individual or that of a public entity such as a city or municipality. Liability will depend upon whether the dangerous property condition that caused your fall, slip, trip or other mishap was more than just a trivial occurrence and if the owner, (a person or entity responsible for maintaining the property), knew or should have known of the condition or the risk.
The most common premises liability cases which are handled by Fiumara & Milligan Law, PC include but are not limited to the following:
- Unsafe workplaces, on the job sites
- Dangerous public property
- Tourist injuries
- Dangerous roadways and sidewalks
- Third party liability
- Falling objects
- Slip, trip, and fall
- Animal attacks and bites
Premises liability law covers both public and private property owners, however, if your injury took place on state or city owned property like a roadway or sidewalk, you may have a much shorter period of time to bring a claim because the statute of limitations is shorter. It is imperative that you talk with us early on so that you understand your rights to compensation.
Types of property injury claims that are handled by Fiumara & Milligan Law, PC include but are not limited to:
When property owners fail to keep up regular maintenance or take care of their property, injuries will more likely result. Fiumara & Milligan Law, PC has handled many personal injury cases resulting from such negligence including:
- Falls from a balcony collapse or stairway collapse
- Being struck by falling objects in a store or warehouse
- Slip and fall accidents on slippery sidewalks, sloping driveways, from the accumulation of water on slippery tile or marble floors, especially supermarket floors, greasy garage and ramp floor slip and falls
- Tripping over tree roots or uneven sidewalks, or frayed or loose carpet
- Falling down unsafe stairwells that lack adequate handrails, lighting or both
- Falls in potholes, uneven or rotten wooden stairs or broken metal guardrails
Workplace and Construction Site Accidents
Construction workers have one of the most dangerous jobs in the United States. The Occupational Safety and Health Administration (OSHA) has been set up to help reduce and prevent workplace types of accidents through the U.S. Department of Labor. OSHA has set up many different regulations that must be followed by employers and employees in the construction industry. Unfortunately, when these regulations are not followed, serious and fatal accidents can result. All injuries and fatalities in the construction industry should be reported to OSHA immediately. A majority of the reported accidents are caused by falls, slips, and trips. If you or someone you care about was involved in this type of accident, contact Fiumara & Milligan Law, PC personal injury attorneys to discuss representation. Fiumara & Milligan Law, PC brings law suits on behalf of injured workers and grieving family members who have suffered pain and loss due to on-the-job injuries related to a liable third party.
The biggest onsite accident threats to construction workers are:
Scaffolding and Working from Heights
This is the leading cause of injury and death in the construction field. Scaffolding and improper use of scaffolding are the primary reasons for construction falls and deaths. There are over 300 fall fatalities that have been reported in the construction industry annually.
Nail Guns and Related Tools
According to statistics from OSHA, there are “tens of thousands of serious injuries each year” relating to nail guns and related tools. Out of all the tools commonly used in the construction industry, nail gun accidents cause the highest number of hospitalizations.
Crane and Derrick Mishaps
These kinds of accidents usually result in fatalities or permanently debilitating, catastrophic types of injuries because of the size and weight of these massive construction devices. OSHA has implemented requirements for the assembly, disassembly and the operation of these cranes and derricks to prevent avoidable accidents, but it has only slowed the number of deaths.
The Difference Between Workers’ Compensation and Third Party Insurance Claims
There is a clear distinction between being compensated through Workers’ Compensation insurance which is provided through your employer versus insurance that is provided by a third party entity who may be responsible for your injury. However, most construction workers are entitled to work injury benefits through Workers’ Compensation insurance. In the event that you are injured at a construction site accident, you must immediately notify your employer or supervisor so that they can notify their Workers’ Compensation insurance company so that you can receive the coverage you need to pay for all necessary medical expenses and work leave. If you accept Workers’ Compensation insurance, that releases the employer from being named as a defendant in a work injury lawsuit, but some injured construction workers, depending on the facts, have the ability to file a third party insurance claim against the party at fault other than the employer.
Third Party Compensation
Third party insurance claims are distinct from Workers’ Compensation. A third party insurance claim is NOT between a worker and his/her employer. A third party claim may be filed by the injured worker against an outside or “third” party. An example would be that the worker has a claim against the manufacturer of a defective jackhammer that malfunctioned thus injuring the construction worker. Although it is true, the worker can claim Workers’ Compensation insurance benefits, he/she may also be able to hire a personal injury attorney to file a lawsuit against the manufacturer of this piece of construction equipment, i.e. the jackhammer. You are advised to speak to any member of Fiumara & Milligan Law, PC to find out if you have the ability to file this type of lawsuit for additional compensation.
Contact Attorney Michael A. Fiumara and His Firm Today
If you or a loved one has experienced or suffered any of these kinds of injuries please feel free to speak to one of our experienced personal injury attorneys at Fiumara & Milligan Law, PC.
Please contact us today for a free and confidential consultation at either the Santa Rosa (Sonoma County) office at 707-571-8600 or the San Rafael (Marin County) office at 415-492-4507.
Fiumara & Milligan Law, PC has obtained some of the Largest Settlements & Verdicts in All Of California. Why trust anyone else?