Negligent Maintenance
It is the responsibility of the owner of the facility to properly and adequately maintain their property, so everyone is safe when they enter, work, or pass by their premises. Therefore, he or she should follow standard practices to keep that facility safe. Accidents can often be attributed to poor maintenance or lack of maintenance. If you were injured on someone else’s premises, you should consult with an attorney for negligent maintenance.
Attorney for Negligent Maintenance in Burbank, CA
When you enter a facility – business, your workplace, neighbor’s home – the last thing you expect is to end up injured. However, injuries happen every day, and they are often due to someone else failing to maintain a safe environment for its occupants or patrons. You have the right to file a suit against the owner or overseer of a facility if you believe they are in part at fault for your injury or a loved one’s death.
Yarian Accident & Injury Lawyers, APC is dedicated to help you recover from an accident that was a consequence of someone else’s reckless or negligent actions. Even if you were partly at-fault for the accident, you need to hold the main individual responsible for creating the unsafe environment in the first place.
Call (818) 459-4999 to schedule a confidential consultation with one of our negligent maintenance attorneys or fill out a free case review form.
Overview of Negligent Maintenance
- What is Defined as Negligent Maintenance?
- Types of Routine Maintenance
- Common Facility Inspections
- California Liability Laws for Negligent Maintenance
- Additional Resources
What is Negligent Maintenance?
As the owner or overseer of a business or property, an individual or entity must properly maintain their premises under law in order to reduce any hazards or conditions that may interfere with the safety of any people passing through or being in direct contact with their premises. Negligent Maintenance is one scope of premises liability in which the individual or entity owes a reasonable “duty of care” to the general public, their “invitees,” and “licensees” through maintenance. Employees, occupants, and the general public is in danger when a place has failed to meet safety standards and breach their duty to maintain their premises in reasonably safe conditions.
Types of Routine Maintenance
- Mopping floors regularly, and in case of spills
- Following up with repairs in a timely manner (i.e. stuck door, dead light bulb, broken shelf, blocked drains)
- Clearing halls, aisles, pathways (i.e., clutter, hazardous objects, moving carts)
- Having a fire escape plan (i.e., visible fire exits, employee fire safety training, visible fire escape routes map)
- Keeping up with routine inspections (i.e. rodents, pests, hazardous materials, fire extinguishers)
- Signaling certain hazards or cautions (i.e., visible wet/slippery floor sign, use other door sign, or high voltage warning sign)
Common Facility Inspections
Most premise injury or wrongful death accidents actually have the potential of being prevented. It only takes the owner or proprietor in charge of maintain the property or premise to keep up with following the appropriate maintenance requirements. Neglected premise inspections are often the subject of some of the biggest personal injury lawsuits.
Commercial Property/Facility Inspections:
• Foundation/Structural Component
• Roof condition
• Pest Control
• Fire Protection Systems
• Skylights condition
• Floors/Ladder/Stairs condition
• Windows condition
• ADA Accessibility
• Electrical panels and wiring
• Pavement/ Sidewalk Systems
• Lighting Fixtures
• Water Damage
• Major wall cracks
• Plumbing Fixtures and piping
• Heating, ventilation, and air conditioning (HVAC systems)
• Elevator and conveyance systems
• Landscape, irrigation, site grading and drainage
• Parking lot, including lamps and poles
• Environmental Hazards (National Academy of Sciences)
• OSHA standards
Depending on the type of business that is conducted in a commercial facility, there are routine government-required inspections a commercial facility must meet at all times. Businesses considered at high risk for environmental safety hazards, such as those in the food, manufacturing, or healthcare industry are more likely to be subject to government required inspections.
Housing or Residential Inspections:
• Foundation/Structural Component
• Heating, ventilation, and air condition (HVAC systems)
• Electrical panels and wiring
• Visible Insulation
• Walls
• Ceilings
• Plumbing
• Roof Condition
• Windows and Doors Condition
• Water Damage
• Pest Control
• Drainage
• Basement/Attic
• Pool/Deck/Garage
• Fireplaces and Fuel Appliances
• Landscape, irrigation, site grading and drainage
Though residential home inspections are not necessarily required unless they can double up as being labeled commercial, or are of certain occupancy size, a neighbor complaint can have the city department show up at any residential door for the particular area of complaint.
California Laws for Negligent Maintenance
When determining liability, it is necessary to identify what type of visitor is the plaintiff in the case. For example, if the visitor was a trespasser, recovering damages can be more difficult, since he or she had no right to be on the premise in the first place.
Comparative Negligence
California follows comparative negligence laws in personal injury cases. The comparative negligence doctrine allows for compensation based on a percentage range of fault assessed between parties in a suit. For instance, if the accident was assessed to be 50% your fault, you could still file to recover the other 50% in damages that were not your fault.
Statute of Limitations
California Code of Civil Procedure § 335.1 states you have two years from the date of being injured to file a personal injury claim in California. However, if you were injured in a government owned facility or office, you must file a special claim known as an “administrative claim” within 6 months of the injury. In addition, if the injury took longer than two years from the date of the accident or negligent action to reveal itself, you have only one year from the date of discovering the injury to file a claim.
In order to file a premises liability claim, the following must be established:
• The defendant owned/leased/occupied/controlled the property;
• The defendant was negligent in the use or maintenance of the property;
• The plaintiff was harmed; and
• The defendant’s negligence was a substantial factor in causing the plaintiff’s harm.
Additional Resources
OSHA | Laws and Regulations – The Occupational Safety and Health Administration (OSHA) is a governmental entity in charge of inspecting the conditions and operations of commercial facilities to make sure they are safe for employees and those coming in contact with the place. All facilities under OSHA jurisdiction, either by being considered an at high-risk facility or following an employee complaint should be complying with OSHA guidelines at any given moment.
Los Angeles County | Environmental Health Inspection Facility List – The public health department in Los Angeles County provides public records involving environmental health inspections all over Los Angeles County. You can click to search for a specific address or facility name and see all the latest environmental health inspections for that facility.
Negligent Maintenance Lawyer in Los Angeles County, CA
If you or a loved one suffered a personal injury accident or a death due to the negligence of an owner, occupant, or overseer of the facility, you should take action. Filing for a personal injury suit or wrongful death under negligent maintenance can help you recover for the financial strain the accident has taken on your life.
At Yarian Accident & Injury Lawyers, APC, we understand filing a suit will not take away an injury or bring a loved one back, however, the compensation you receive can alleviate at least some part of the financial struggle following the accident and return your focus on the recovery process. Our attorneys will fight by your side, so that you may be able to recover damages. Speak to our negligent maintenance lawyer by calling (818) 459-4999.
Yarian Accident & Injury Lawyers, APC works with clients in the counties of Los Angeles County and Tulare County, and the cities of Burbank, Long Beach, Los Angeles, Santa Clarita, Fresno, San Bernardino, and more. Schedule a consultation now or fill out a free initial contact form.
