Fall is here, but that should not be taken literally! Unfortunately, like all seasons, autumn carries its own hazards. Being mindful of these risks can help reduce personal injury and wrongful death accidents.
If you or a loved one is a victim of these incidents, you may be able to sue for financial compensation. Our Los Angeles personal injury attorneys will gladly walk you through a free consultation. We can help determine your rights and any next steps in filing a personal injury or wrongful death claim.
Slip and Fall
Fallen leaves and branches, mud, rain, and other conditions can lead to a slip-and-fall or trip-and-fall accident. Roads, sidewalks, parking lots, and other paths may become strewn with leaves and branches. Pedestrians can easily lose their balance on these obstacles. Broken/sprained limbs, bruises, lacerations, and traumatic brain injury, are common in these personal injury cases.
Property owners, the city, and other personnel are responsible for respective private and public property. If they are aware of a hazard such as a fallen branch, it is their duty to take proactive measures. Failure to do so can result in a premise liability claim.
Similarly, when these objects are trudged inside, floors can become slippery. When it is noticeably rainy or muddy, it is advisable to continuously clean the floor and place wet floor signs. It is the responsibility of the building owner to take these precautions.
For example, a store owner should place a wet floor sign near their entrance on a stormy day. This will warn patrons of the hazard and reduce the store’s liability for any injury sustained. If a property owner was responsible for your injury, consult a Los Angeles injury attorney immediately.
Sports
Football, soccer, field hockey, cross country, and other sports are beginning their seasons. This is an exciting time but can quickly become life-altering.
Participants in sports and other recreational activities agree to inherent risks when deciding to participate. This means they understand that they may be subject to injuries associated with the activity. For example, Gwyneth Paltrow was not liable in the infamous skiing accident, in part because of this concept. Generally, participants understand there is some risk for injury in sports.
However, this does not mean an athlete can’t sue for personal injuries endured, especially if there is negligence involved. Some considerations that may constitute a filing a wrongful death or personal injury lawsuit include:
- Negligent coaching and training
- Defective or unsafe sports equipment and facilities
- Intentional misconduct of another athlete
Negligent Coaching
Coaches are responsible for ensuring the well-being of their athletes. This means they should be implementing water and rest breaks throughout their training sessions. Depriving them of these needs can lead to:
- dehydration
- fainting
- slow reaction times
- and other conditions that can result in more serious injuries
They are also responsible for properly training their athletes. While they cannot prevent all accidents, they should educate their participants on outlined rules and regulations, especially illegal plays. For example, in football, helmet-to-helmet collision is typically a penalty in order to mitigate head injuries. Encouraging these plays would be negligent coaching.
In some cases, coaches can also be liable for their failure to properly react to a medical emergency. During their training and certification, most coaches are taught how to identify, access, and react to a player’s injury. Keeping a player on the field despite the signs of a concussion or heart attack is negligent coaching. In these situations, an athlete or their surviving loved ones can sue for respective personal injuries and wrongful deaths.
Defective or Unsafe Sports Equipment and Facilities
Helmets and other protective equipment should mitigate injuries in contact sports. If improperly manufactured, an athlete can sustain serious injuries and even death. In those cases, a sports product manufacturer may be liable.
Facilities are also responsible for protecting athletes. It is typically the responsibility of the premise owner to ensure their grounds are properly kept. This includes removing debris, filling holes, and addressing any other known maintenance needs. Failure to do so can result in a personal injury claim.
Intentional Misconduct of Another Athlete
Typically athletes abide by the rules of the game, however competitive nature can spark aggression. Athletes must follow the rules of the game. Intentional reckless plays or attacking other players can be causes for a personal injury lawsuit. Players who knowingly employ reckless play will be liable for resulting injuries.
These cases are relatively complex. It is advisable to discuss the specifics with a Los Angeles personal injury lawyer.
Hazardous Roadways
As mentioned before, autumn weather conditions can increase the risk of automobile accidents. Not to mention the sun sets earlier resulting in dimmer natural lighting. Drivers, bicyclists, and pedestrians should be mindful of these conditions and act accordingly when out on the road.
For drivers, this means being mindful of speed limits and maintaining full focus on the road. Speeding can make it difficult to swerve and stop. This is even more dangerous when fallen branches, mudslides, or other hazards are present. Similarly, spotting pedestrians and cyclists may be more difficult in the dark.
Keeping your eyes on the road can better allow you to spot these individuals before it is too late. Also, use your headlights when appropriate to allow for better visibility. This can help prevent car accidents and truck accidents from occurring.
Cyclists and pedestrians should be mindful of the darkness and wear appropriate clothing such as fluorescent colors and/or reflective lights.
Motorcycle accidents are also a concern. Motorcyclists should wear bright visible attire, helmets, and other protective gear.
On a similar note, many schools resume session in the fall. This means there will be buses and younger children to be mindful of.
It is important to abide by school zone speed limits during outlined hours and to focus on the road. California law prohibits speeds above 25 mph when within 500 feet of a school while children are outside. In some areas, the speed limit can be as low as 15 mph.
Children are not as well-informed on road safety and may unknowingly pose a threat to themselves when crossing the road. Drivers should also maintain a safe distance from a stopping school bus, and may not pass the vehicle.
What to Do If an Accident Occurs
If you are a victim of one of the accidents above, you should contact personal injury lawyers in Los Angeles immediately. Victims of personal injury accidents must file within the two-year statute of limitations. Wrongful death lawsuits also fall within this timeline.
In personal injury cases, a lawyer can work with you to negotiate a settlement with the insurance company. They will seek compensation for your medical bills, pain and suffering, lost wages, and other related expenses.
A wrongful death case will operate similarly. Los Angeles wrongful death lawyers will work directly with surviving loved ones to secure financial compensation, and, ultimately, justice.
Schedule a Free Consultation with Los Angeles Personal Injury Lawyers
While being mindful and proactive of these hazards can help mitigate injuries this autumn, accidents will still happen. And when they do, you’ll want the best Los Angeles personal injury law firm by your side.
John J. Perlstein is a leading personal injury attorney in Los Angeles, regularly representing individuals in multi-million dollar settlements. Unlike other lawyers in the Southern California area, John is not afraid to pursue claims in a trial. He is also recognized as a leading Los Angeles wrongful death attorney, helping surviving loved ones receive the closure and justice they deserve.
When it comes to a personal injury attorney, you shouldn’t settle for anyone but the best. Fill out our contact form today to schedule a free consultation with our Los Angeles personal injury lawyers.