Premises Liability

Types of premises liability cases and the experience of the San Diego premises liability lawyers with Casey Gerry

Casey Gerry's San Diego premises liability lawyers have extensive experience in representing both individuals who have been injured and the families of persons who have died as a result of unsafe premises. We have represented individuals in San Diego, Riverside, Calexico, and throughout Southern California for 60 years.

One large group of premises liability cases that our premises liability attorneys see are referred to as “trip and fall” or “slip and fall” cases. A person falls in a store or other commercial establishment because of objects left in their pathways, or substances left on the floor cause them to trip, and incur a serious injury.

This kind of premises liability case can be extremely challenging to try in front of a jury. The defendant’s insurance company will often argue that an injured individual was not looking where he or she was going. In fact, most stores and commercial establishments arrange their premises so that a customer’s attention is diverted from the floor to merchandise.

Our premises liability lawyers as well as the highly qualified experts with whom we work know that stores design merchandise displays to draw the attention of customers. Customers walking around a store focus not on the floor, but on the merchandise they are being encouraged to purchase. If floors are over-waxed or if spills are allowed to remain on floors causing slippery conditions, very serious injuries can result. As stores have grown larger, merchandise is often piled in high stacks, allowing for an increase in injuries when items improperly stored fall on customers’ heads. As a result of such negligence, many of our clients have incurred severe head trauma and other injuries.

Our lawyers have prosecuted many premises liability cases involving injuries at work sites. A contractor or subcontractor may create a dangerous condition at a work site which results in injuries to an employee of one of the other contractors. Risks would include a hole left without adequate warning, or failure to install the safety devices necessary to prevent falls or injuries. Worksite cases familiar to our premises liability lawyers include unsafe building conditions such as a malfunctioning elevator that stops incorrectly, causing a person to fall as they exit or enter the elevator; or failing to adequately light premises resulting in a darkened area where people may not see a stepping hazard.

We believe strongly that a fence at the top of a cliff is better than an ambulance waiting below.

Years ago in a case tried by Casey Gerry, a gentleman attempted to board a boat at a dock, using the stairs supplied by the dock owner. The stairs were defective. He lost his balance, fell in the water, struck his head and died. Our premises liability attorneys took the case to trial and resulted in a verdict of over $500,000 due to the dangerous condition of the dock.

In the case of Mirna Citrano v. K-Mart our client was shopping when she stepped on a hanger used by K-Mart that she could not see because it was clear plastic. She fell and was seriously injured. K-Mart was fully aware that their hangers would find their way to the floor in the course of customers’ use. Hard to see hangers left on the floors present a particular hazard, because a customer stepping on a hanger will have no opportunity to respond, because of the hanger’s low coefficient of friction once their weight is on it. Many customers, particularly those who are older, can suffer very severe injuries if they step on an object which they cannot see.

Casey Gerry’s premises liability lawyers argued that store management must take reasonable care that its aisles and walking areas are safe for the customers whose attention they are directing and diverting.

In this case, tried by Casey Gerry premises liability attorney Thomas Luneau, the jury rendered a verdict against K-Mart, finding that they clearly knew the hangers created a dangerous condition, and should have taken reasonable steps to correct this problem. We were successful in obtaining a significant recovery for our client. Our case put K-Mart and other stores on notice that they were obliged to keep their stores safe for their customers.

Our premises liability lawyers have also brought premises liability cases involving criminal attacks or assaults where those events were foreseeable to the property owner and the owner failed to provide adequate security measures.

Casey Gerry has represented individuals who were injured by unmarked plate glass and shattering glass curtains before proper safety standards were adopted.