California Beach Pier Trip and Fall Attorney | Can I Sue for Injuries?
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California Beach Pier Trip and Fall Attorney | Can I Sue for Injuries?
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Yes, you can, especially when a protruding nail or nail head is catching your toes or shoe. Although California offers many attractions, its pristine beaches draw tourists nationwide and worldwide. Even residents like to dip their toes in the sandy beaches, splash in crystal clear waters, or enjoy a picnic with their loved ones as their pastime.
A day filled with entertaining activities at the beach can be fun but also dangerous, and not just from motor vehicle accidents. Surrounded by the excitement, you might forget all the hazards at such locations. Most people like to walk on the pier during sunset with their partners, failing to realize that broken planks or protruding nails could lead to slip-and-fall accidents. When that happens, it could result in severe injuries or wrongful death.
Fortunately, Ehline Law and our personal injury attorneys are here to help. We understand how devastating such accidents can be for the victims and their families. Rising medical bills, pain and suffering, and other damages for personal injuries can completely turn the affected party’s life around. That is why our team is committed to helping you overcome the obstacles and protecting you financially.
Of course, if you want to know how much your personal injury case is worth, we can help injury victims with that, too. Contact Ehline Law and our reputable personal injury lawyers to discuss your California beach pier slip-and-fall case and learn more about your rights and legal options!
Young Boy Falls into Water After an Evening Game Goes Wrong
On July 15, 2024, it was an ordinary evening. The sun was about to set, and the weather settled in for the night. Children at a dock on the Kankakee River were playing with a ball, and everything seemed normal until the unexpected happened.
The ball slipped out of one of the children’s hands during the fun-filled activity and into the water. Among all the chaos, a six-year-old boy decided to get it, but in doing so, he slipped into the Kankakee River.
When the mother could not reach her child, she immediately alerted bystanders, who tried to help. One of the witnesses called the Kankakee Fire Department, which arrived quickly. However, the river’s water level had risen due to earlier rains, and the currents were too strong.
Two people jumped into the water to save the young boy. However, it was not long before the rushing river submerged the victim, causing them to go underwater. Eventually, after searching for two and a half hours for the child, authorities found the body, leaving the entire state in shock.
After the incident, residents grew concerned about the dock’s safety. Did the child jump into the river to fetch the ball, or did he slip? One of the children told a reporter that he saw the young boy trip and fall, but there was no CCTV footage to confirm such reports.
Blazing Fire on Seal Beach Causes Panic Among Residents
On May 20, 2016, due to electrical issues, a fire ripped through Ruby’s Diner, which used to be located at the end of the Seal Beach Pier. The establishment owners immediately called for help, and it was not long before the firefighters arrived.
Witnesses reported seeing smoke coming out of a closed bait shop next to the restaurant before a fire broke out at around 7:30 a.m. Sixty firemen and boats from the Los Angeles County and Long Beach fire departments battled the blazing flames until 10 a.m.
According to the officials, putting out the fire was challenging due to the wooden construction of the pier. Firefighters were hauling hoses from nearby street hydrants to extinguish the blazing flames. During this entire episode, one of the rescuers slipped and dislocated their shoulder.
The injured fireman was immediately taken to the hospital as the fire settled. Authorities closed down the pier and shared their plans to rebuild it.
While the above incident didn’t result in any death or serious injuries, the event was unfortunate. If Ruby’s diner had been operational at the time of the accident, the panic among the diners would’ve increased the risk of slip-and-fall accidents, resulting in more significant casualties.
The Rising Safety Concerns Related to Piers in the United States
One of the significant dangers of walking on a pier is the lack of maintenance. Over the years, harsh weather, boat crashes, and other unfortunate incidents have adversely impacted the structural integrity of these extended platforms. Let’s quickly take a look at one of these events.
Serious Injuries After a 26-foot Boat Crashes into the Pierhead
On August 14, 2024, the Park Township Fire Department and AMR Ambulance received distress calls at 10:15 p.m. of a boat crash and a drowning teenager.
As soon as the officials arrived at the accident scene, they reported seeing a 26-foot boat smashed into the Pierhead and an unconscious subject.
According to reports, a 69-year-old resident was riding the boat with 18, 19, and 22-year-old female passengers. The crash ejected the young girl into the water, and she suffered serious but non-life-threatening injuries.
Officials immediately transported the injured teenager to a nearby hospital for medical treatment. They closed the site for the investigations to begin.
While the abovementioned incident isn’t a pier slip-and-fall accident, it provides an excellent picture. Crashings, fire breakouts, and other events at these sites often impact the structural integrity of the platform, increasing the risk of tripping accidents.
List of California Beach Piers
With 840 miles of coastline, California has more than 420 public beaches, each with its unique characteristics. Dipping your toes in the warm sand as you absorb the sun’s rays can feel quite relaxing, but it’s essential to stay vigilant. You never know when a tragic incident might unfold before your eyes. This goes for maritime employers boarding and deboarding maritime workers. The best way to avoid paying workers’ compensation benefits and skyrocketing rates is risk mitigation.
Knowing about the state’s piers, docks, or extended platforms is essential before creating awareness of the risks of catastrophic injuries associated with California beach piers.
Here are the important ones:
- Santa Monica Pier: Famous for its fun rides and homeless people. You never know when you could be assaulted or be filmed as part of a local TV series.
- Newport Beach Pier: At 1,032 feet, it’s known for its picturesque views and dining experiences overlooking the harbor near the Balboa Island Fun Zone.
- Oceanside Pier: At 1,954 feet, this is the longest wooden pier on the West Coast. It features Ruby’s Diner, fishing, and surfing.
- Santa Cruz Wharf: At 2,745 feet, this is the longest pier in California. It is bustling with shops, restaurants, and a marine-themed atmosphere.
- Malibu Pier: Often featured in films, it offers serene views and is less commercialized than other piers.
- Hermosa Beach Pier: It’s known for its laid-back vibe, surf culture, and panoramic views of the coastline.
- Manhattan Beach Pier: It offers a vibrant community atmosphere, with events and stunning sunset views.
- Seal Beach Pier: Rebuilt in the 1990s, it’s known for its relaxed environment, fishing, and community events.
- Huntington Beach Pier: Reconstructed in 1992, it’s 1,856 feet long and known as “Surf City USA” due to its surfing heritage and events.
- Imperial Beach Pier: At 1,491 feet, it’s notable for its surfing culture and proximity to the U.S.-Mexico border. It was a favorite hangout for US Navy Seamen and Maritime workers.
- Crystal Pier (San Diego): Unique for its 1930s cottages, guests can sleep over the water on this pier.
- San Clemente Pier: Rebuilt in 1985, it offers a historic feel with its wooden structure, which is famous for fishing and surfing.
- Ventura Pier: Known for its length and as a focal point for the community, it often hosts events.
- Balboa Pier (Newport Beach): Located on the Balboa Peninsula, it’s close to the Fun Zone and offers fishing and scenic views.
- Pismo Beach Pier: Rebuilt in 1986, it’s 1,250 feet long and is known for fishing, surfing, and the nearby clam festival.
- Dana Point Harbor Pier: This local fishing spot has beautiful harbor views and is part of a larger marina area.
- Cabrillo Beach Fishing Pier (San Pedro, Los Angeles): Near the Cabrillo Marine Aquarium, it offers fishing opportunities and educational programs. It’s also a favorite hangout for Longshoremen and Shipyard workers.
- Venice Pier: While not as famous as the Venice boardwalk, it’s part of the vibrant Venice scene and is often seen in films.
Common Reasons for Slip-and-Fall Accidents at Piers
Slip-and-fall accidents typically occur due to the negligence of others. For example, a lack of maintenance could cause loose flooring on the pier, increasing the risk of such tragic incidents.
Here are a few reasons why slip-and-fall accidents might happen at Californian piers:
Water and Sand
While water and sand are the defining characteristics of a beach, they shouldn’t accumulate outside restaurants or on piers and docks. This can make the surface slippery, and if you’re not careful, it can lead to an unfortunate slip-and-fall incident.
Plant Matter
Weed, algae, and moss are common at beaches. They often grow in abundance and must be kept in check, as overgrowth can make surfaces slippery, especially around outside showers or on the pier.
Protruding Nails
While most people don’t think about protruding nails while walking on a pier, we should be on the lookout for them. Harsh weather and crashing boats can cause nails and other objects to protrude from the wood flooring over time, increasing the risk of slip-and-fall accidents.
In addition to the injuries caused by tripping on the pier, contact with protruding nails can also lead to infections and other medical complications. Some people ride bikes on piers as well, which could lead to bicycle accidents coupled with splinters from treated wood in their faces and even their eyes.
Broken Boards and Stairs
When was the last time you heard about the government renovating a pier? It rarely happens, as the officials believe they have other major issues to resolve than wasting money on such public properties.
Over the years, a lack of maintenance and degradation have led to the deterioration of piers and their structures in California. It’s common to see broken planks or rotten boards on boardwalks, stairs, and the platform. While residents should exercise caution around these, there is no telling when they could collapse.
Spilled Food and Drinks
Thousands of people visit the Californian beaches every day, and where there is a crowd, you can expect to see a lot of snacks and beverages. While there’s nothing wrong with enjoying a small picnic on public grounds, it’s essential to clean up after yourself. Unfortunately, that’s not always the case.
Many people eat and drink while participating in beach activities, and some may eat while walking on the pier. This increases the risk of spilled food and beverages, leading to slip-and-fall accidents.
Common California Beach Pier Trip and Fall Injuries
Slip-and-fall injuries are very tricky to deal with. While they often manifest after the accident, the adrenaline from slipping and falling can mask the symptoms of one’s injuries. In addition to that, internal organ damage or bleeding remains undiagnosed until a proper medical evaluation.
The most common California beach pier trip and fall injuries include the following:
- Broken bones
- Back injuries
- Sprains
- Traumatic brain injuries
- Torn tendons
- Spinal cord injuries
A slip-and-fall injury can have devastating consequences for the victim. As the affected party undergoes treatment, they may miss work, negatively impacting their financial situation. Rising medical expenses and lost wages can strain their finances, and if the recovery period is prolonged, the bills may continue to pile up.
Besides the economic damages, slip-and-fall accidents at piers can also lead to the degradation of mental health. The victim may never be able to return to the beach due to the constant fear and flashbacks. This emotional trauma or mental anguish, coupled with their physical injuries, can further reduce their quality of life.
Fortunately, the law in California allows affected parties to recover compensation for the damages caused due to another’s negligence. However, before an injured victim can pursue civil action, it’s important to determine liability, which is why you’ll need to work with a skilled Golden State Beach pier trip and fall attorney.
Can I Sue for Injuries? Who Is Liable in a California Beach Pier Slip-and-Fall Accident?
Personal injury cases include at least one plaintiff and defendant. The injured victim must identify the correct party they wish to pursue civil action against to avoid a claim denial or rejection. They may include the following:
Property Owner or Operator
While many believe that piers are public property, some are owned by private individuals or companies. These include Marin Rod and Gun Club Pier in San Rafael, Lawson’s Landing Pier in Dillon Beach, Lucas Wharf in Bodega Bay, and Fortman Marina Pier in Alameda.
When the owner of a privately owned pier acts negligently or fails to ensure the safety of their guests, premises liability law may hold them accountable for any damages resulting from accidents at the site.
The Local Government
Most of the piers in California are publicly owned entities, which means it is the local government’s responsibility to keep the facility in top shape.
Lack of maintenance or negligence on behalf of the workers or relevant authorities may lead to slip-and-fall accidents, for which the state may be held liable.
A Negligent Individual
California is a vibrant state with a melting pot of cultures. While this diversity is positive, it’s essential to recognize that every society has its bad apples. With the rising population, you may encounter individuals with harmful intentions at least once in your lifetime.
For example, a robber might interrupt your evening stroll on the pier, or a drunk person could try to start a fight at the beach. If you’re not vigilant, such incidents could put you in harm’s way. Theft or intentional actions may lead to slip-and-fall accidents, resulting in serious injuries to you or your loved ones.
Fortunately, California law provides a legal remedy for such situations. Injured victims may be able to pursue personal injury claims or lawsuits if their injuries occurred due to another’s negligence.
A Negligent Third-party
Regardless of whether a public or private entity owns the pier, management may outsource maintenance to a third-party company. If the company fails to maintain the structure and platform properly, it may be liable for the accidents caused.
Proving Negligence in Personal Injury Cases: Liability in a California Beach Pier Slip-and-Fall Accidents
The laws applicable to personal injury cases vary depending on the type of defendant. The two main ones are as follows:
Premises Liability Law and California Beach Pier Slip-and-Fall Accidents
Premises liability law protects injured victims from financial responsibility in the event of an accident on private property. Property owners must ensure that their premises are reasonably safe from preventable hazards. Failure to keep the guests or patrons safe may result in liability.
To increase the chances of winning a personal injury claim or lawsuit involving premises liability, the injured victim must prove the following elements:
- The defendant was the property owner at the time of the slip-and-fall accident.
- The defendant was negligent in properly maintaining and caring for their property.
- The plaintiff suffered injuries on the defendant’s property.
- The defendant’s negligence resulted in damages to the plaintiff.
Injured victims’ main challenge in a premises liability case is that after such personal injury accidents, they must prove that the property owner owed them a duty of care. This can often be tricky, as it depends on the visitor’s status, which can be as follows:
Invitees
This category includes all business visitors who receive a formal invitation from the property owner and customers who respond to a general invitation.
Property owners must show invitees a greater duty of care by protecting them from all known dangers and hazards discovered through a reasonable inspection of the premises.
Licensees
This type of visitor status includes those who enter the property with permission but for their own purposes. A friend dropping by unannounced or an electrician on scheduled duty are some examples that fall under this category.
Under the premises liability law, the property owners owe licensees a duty of care by protecting them from known dangers. They are not liable to shield them from hazards that may be discovered through a reasonable inspection.
Trespassers
The duty of care for these types of visitors varies, as there are different kinds of trespassers. Property owners owe this category the least duty of care, as they do not have to warn the uninvited individual about the dangers on the property. However, they must let know of any man-made hazards, such as booby traps.
Children can also be trespassing on private property, which is why the law carves out an exclusion for this category of visitors. The owners can bear liability in the case of an attractive nuisance, such as a swimming pool.
If a property owner is aware that a school is nearby or that children frequently visit this area, they must exert caution and take certain steps to protect their property in case of a trespassing event.
Negligence Law and California Beach Pier Accidents
Negligence refers to the failure to exercise care that a reasonable person would’ve shown in a similar situation. For example, running a red traffic light is a negligent act, as drivers must adhere to the laws of the road.
To increase your chances of winning a negligence personal injury claim or lawsuit, you must prove the following elements:
- The defendant owed the plaintiff a duty of care.
- Through action or omission, the defendant breached their duty of care.
- The breach of duty of care resulted in injuries to the plaintiff.
- The plaintiff suffered damages following the incident.
Whether the pier trip and fall accident occurred due to the negligence of an individual or a third-party private company, the law allows injured victims to pursue personal injury claims or bring civil lawsuits. However, this is not the case if a government agency or representative is liable for someone else’s injuries.
When the state is liable for a pier slip-and-fall accident, the injured victim must file a notice of claim first and wait for the response. The key idea behind this is to inform the relevant department that you suffered injuries and give the authorities time to respond to such statements.
Upon investigating the claim, the government will either accept it and process the payout or deny the complaint. In case of a rejection, the injured victim may then be able to pursue a personal injury lawsuit.
You must prove fault, whether it’s a government agency, a private entity, or a negligent person. This means gathering substantial evidence, such as pictures of the accident site, CCTV footage, maintenance records, and witness statements, among others, to build a strong case. It’s essential to reach out to an experienced personal injury lawyer to avoid all the pitfalls and let experts handle the legal matters.
The Statute of Limitations for California Beach Pier Trip and Fall Accidents
A slip-and-fall accident can happen instantly, and since it leads to confusion, the victim often fails to realize their situation. A hit on the head may lead to a concussion, further disorienting them as they try to get back up.
In such situations, seeking medical help is crucial, especially if the accident involves severe injuries. After getting the right treatment, the injured victim should start the legal process, as they may not have much time left.
The statute of limitations governs personal injury cases in the United States. It refers to the timeframe following an accident within which an injured victim can seek legal recourse. This timeframe may vary from one state to another. Failure to adhere to these guidelines may bar the affected party from making a financial recovery.
Under Section 335.1 of the California Code of Civil Procedure, injured victims have two years following the date of the accident, including a slip-and-fall incident at one of the piers, to file a personal injury claim or lawsuit. If they fail to do so within the timeframe, they lose the right to seek compensation.
While the statute of limitations for personal injury accidents in California is typically two years, it’s much lower than that in the case of government liability. Instead, when suing public entities, it’s important to remember the Rule of Six.
If a government agency is responsible for your California pier slip-and-fall accident, you have six months to file a notice of claim with the relevant department. The clock starts ticking from the time you are aware of the cause of action.
After submitting the notice of personal injury claim, the government has 45 days to respond. Upon a written letter of rejection or inaction, the victim has six months to pursue a lawsuit.
A key thing to remember is that if the government agency fails to respond within 45 days of receiving the notice of claim, the affected party then has two years (starting from the inciting incident) to bring a civil action.
California Beach Pier Slip-and-Fall Accidents Involving Workers
When a worker is involved in a slip-and-fall accident at a pier or dock, they must navigate a different set of laws, including the Longshore and Harbor Workers Compensation Act. While state insurance may cover medical bills arising from a traumatic brain injury or any other injury at work, dealing with the insurers can be a hassle.
Fortunately, an experienced personal injury attorney will be able to guide them on their rights following the incident and help with the legal paperwork.
How Can Experienced Personal Injury Lawyers Help with a California Pier Slip-and-Fall Accident Case?
While there is no law requiring injured victims to work with lawyers, a skilled personal injury attorney can bring a lot of experience and resources to a case. At Ehline Law, we have successfully helped over 3,000 clients with their legal troubles, resulting in over $150 million in financial recoveries.
Our skilled personal injury lawyers can help injured victims in many different ways, including the following:
Determine Liability
Determining liability in a California beach pier slip-and-fall accident can be challenging and complicated, especially if more than one party is responsible for the injuries. Lack of maintenance and third-party negligence could create grounds for a personal injury claim against the company, government entity, or private property owner.
Sometimes, an injured victim may contact the wrong defendant. This can waste time and resources, as the insurance company will likely reject the claim right away.
Our experienced personal injury attorneys have the expertise and resources to determine liability in a slip-and-fall accident. We can access nearby CCTV footage, reach out to witnesses, and hire accident construction specialists to identify the at-fault party.
Determining the right defendant earlier on can help save a lot of time, allowing our personal injury attorneys to devise an effective legal strategy.
Gather Evidence
Whether it’s a premises liability or a personal injury case, the affected party needs to provide substantial evidence to build a strong case. The injured victim must prove that the defendant owed them the duty of care, they breached their legal responsibility, the negligence resulted in injuries, and the plaintiff suffered damages.
Our lawyers have successfully won over 3,000 personal injury cases, which gives us enough experience to know what evidence to gather and submit. We will work with medical experts, law enforcement authorities, and other key professionals to build a strong claim and increase your chances of securing compensation.
Calculate Damages
When filing a claim or lawsuit, the injured victim must mention the amount they wish to recover. An overstated demand can lead to a rejection, while an understated offer can cause financial stress.
There are two different types of damages that the injured victim can claim following their accident, and these are as follows:
- Economic damages refer to out-of-pocket expenses resulting from the accident and include medical bills, lost wages, and property damage. They are often easy to calculate, as the plaintiff can add up the bills and payslips to determine the total economic damages incurred.
- Non-economic damages: These refer to the losses incurred following the accident, including physical and emotional pain and suffering, mental anguish, reduced quality of life, and loss of companionship. Non-economic damages are far more challenging to calculate, as they are often subjective.
Most injured victims fail to calculate their damages properly. They do not have the skills and resources to determine non-economic losses, which can undermine the value of their claim. This is why many affected parties without legal representation fail to negotiate a fair settlement.
At Ehline Law, our award-winning attorneys have access to resources that allow them to work with specialists and medical experts to determine the value of your claim. At the same time, we gather enough documentation and evidence to support the financial demand.
Ensure Compliance with the Laws and Rules
It’s incredibly important to adhere to the legal rules when filing a claim or lawsuit. You must know who to send notices to, how much time you have left, and where to file a complaint. In addition to that, the guidelines can become complicated to follow, especially if the case involves a government entity responsible for nailing down nail heads.
With our personal injury attorney on your side, you don’t have to worry about all of this. We do this daily, making us the right professionals to represent you. Our lawyers will adhere to the rules and follow all of the relevant guidelines to reduce the risk of a claim denial or rejection.
Negotiate with the Insurance Company
One of the major hurdles an injured victim must overcome is dealing with the insurance company. Once an insurer receives a claim, they assign an adjuster to it, who will do everything they can to deny or reduce payouts. This is because they get paid bonuses to save the business some money, so it’s in their best interests to use all sorts of dirty tactics, making it seem impossible for the affected party to make a fair financial recovery.
At Ehline Law, we understand all of this too well. Our reputation is enough to scare insurers. When we take on a case, the insurance company knows that they can’t use dirty tactics on our attorneys and instead decide to negotiate a settlement.
Knowing the extent of your injuries, will help you get a reasonable settlement offer. If you were severely injured, we will build a strong case and bring the insurance company to the negotiating table. By providing supporting documents and relevant evidence, our law offices will fight aggressively to ensure that you receive maximum compensatory damages on both Northern, Central and Southern California.
Work with Ehline Law to Hold Negligent Parties Accountable for Your Loss!
A slip-and-fall accident on a pier can lead to a traumatic brain injury or, even worse, wrongful death. While seeking legal help won’t undo the damage done, it’ll provide closure to the affected parties and their family members, avoid financial distress, and ensure swift justice.
If you’ve suffered injuries in a California pier slip-and-fall accident, know that you’re not alone. We are here to ease your burden by protecting your rights from greedy insurance companies. Let our personal injury lawyers work to get you the maximum compensation you deserve for your trip, slip, and fall case! And we will do it all on a contingency fee basis! Call us at (833) LETS-SUE to schedule a free consultation.
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