What are the most common types of injuries in Orange County premises liability cases?
A fall in a grocery store, an accident on a poorly maintained staircase, or an injury caused by inadequate security can happen in seconds. The physical consequences may last considerably longer.
Premises liability cases encompass a wide range of accidents because dangerous property conditions can cause many different types of harm. In Orange County, these claims may arise in retail stores, restaurants, apartment complexes, hotels, parking structures, office buildings, private residences, and other properties.
At Banner Attorneys, our Mission Viejo premises liability lawyer represents people injured because a property owner, occupier, or other responsible party failed to maintain reasonably safe conditions. Understanding the type and severity of an injury is an important part of evaluating a premises liability claim because medical treatment, long-term limitations, lost income, and future care can all affect the compensation an injured person may pursue.
Premises Liability Injuries Can Range From Minor to Life-Changing
There is no single injury that defines a premises liability case. The outcome often depends on how the accident happened, the height or force of a fall, the surface involved, the victim’s age and health, and whether the person struck another object on the way down.
California premises liability law is generally based on negligence. A claim may arise when a person or entity controlling property fails to use reasonable care and that failure contributes to an injury. California’s civil jury instructions address unsafe property conditions by considering whether a condition created an unreasonable risk of harm, whether the defendant knew or should have known about it, and whether reasonable steps were taken to repair, protect against, or warn about the danger.
Some of the injuries we commonly see in premises liability claims include the following.
1. Broken Bones and Fractures
Fractures are particularly common in slip-and-fall and trip-and-fall accidents. When someone unexpectedly loses footing, the natural reaction is often to reach out with a hand or arm to break the fall. That can transfer substantial force into the wrist, elbow, shoulder, or forearm.
Common fractures may involve the:
- Wrist;
- Hand or fingers;
- Arm;
- Elbow;
- Shoulder;
- Hip;
- Ankle;
- Foot; or
- Leg.
A fracture should not automatically be viewed as a short-term injury. Some breaks require surgery involving plates, screws, pins, or other hardware. Others can lead to decreased range of motion, chronic pain, weakness, or lengthy rehabilitation.
Hip fractures are especially concerning for older adults. A fall that might cause bruising in a younger person can produce a serious fracture requiring hospitalization, surgery, and extended rehabilitation in an elderly individual.
2. Head Injuries and Traumatic Brain Injuries
A person who falls on tile, concrete, pavement, or another hard surface may strike his or her head without having enough time to brace for impact.
Head injuries can include relatively minor cuts or bumps, but they may also involve concussions or more serious traumatic brain injuries. Symptoms do not always appear immediately after the accident.
Possible symptoms following a head injury can include:
- Headaches;
- Dizziness or balance problems;
- Nausea;
- Confusion;
- Memory difficulties;
- Difficulty concentrating;
- Sensitivity to light or sound;
- Changes in sleep; and
- Mood or personality changes.
A serious brain injury can affect far more than medical expenses. Depending on the severity, it may interfere with a person’s ability to work, drive, communicate, care for family members, or perform ordinary daily activities.
3. Back and Spinal Injuries
Falls can place sudden twisting, compression, or impact forces on the spine. Back injuries are therefore another common issue in premises liability claims.
These injuries may include muscle or ligament strains, herniated or bulging discs, vertebral fractures, nerve compression, and other damage affecting the cervical, thoracic, or lumbar spine.
Some people recover with physical therapy and conservative treatment. Others experience persistent pain, numbness, tingling, weakness, or reduced mobility that interferes with work and daily life.
In particularly serious accidents, spinal cord damage can result in permanent neurological impairment or paralysis. These cases may involve substantial future medical costs, assistive equipment, home modifications, ongoing therapy, and diminished earning capacity.
4. Knee and Ankle Injuries
Not every premises liability accident involves falling directly to the ground. Sometimes the most significant injury occurs when a person’s leg twists as a foot catches on uneven flooring, a broken sidewalk, torn carpeting, a pothole, or another defect.
Knee injuries can involve damage to ligaments, cartilage, or the meniscus. Ankle injuries may range from significant sprains to fractures and tendon damage.
These injuries can be particularly disruptive for people whose jobs require standing, walking, climbing, driving, lifting, or other physical activity. Even after treatment, some victims continue to experience instability, weakness, swelling, or pain.
5. Shoulder Injuries
The shoulder is vulnerable during a fall because people instinctively extend their arms to protect themselves. The force can travel through the arm and into the shoulder joint.
Possible injuries include:
- Rotator cuff tears;
- Shoulder dislocations;
- Labral tears;
- Fractures;
- Tendon injuries; and
- Soft-tissue damage.
Shoulder injuries may make ordinary activities—putting on clothing, reaching overhead, lifting a child, carrying groceries, or performing job duties—surprisingly difficult. Surgery and months of physical therapy may be necessary in more severe cases.
6. Cuts, Lacerations, and Scarring
Broken glass, exposed metal, damaged shelving, sharp fixtures, construction debris, or other unsafe property conditions can cause deep cuts and lacerations.
Some wounds require stitches or surgery and may damage nerves, tendons, or muscles beneath the skin. Significant injuries can also leave permanent scars or disfigurement.
When scarring is visible—particularly on the face, hands, arms, or other exposed areas—the consequences may include psychological and emotional effects in addition to the physical injury.
7. Soft-Tissue Injuries
Sprains, strains, muscle tears, and ligament injuries are sometimes dismissed as minor because they may not appear on an X-ray. That does not mean they cannot cause substantial pain or functional limitations.
A severe sprain can interfere with mobility for weeks or months. Torn muscles or ligaments may require physical therapy, injections, immobilization, or surgery. In some cases, pain continues long after the visible bruising and swelling have disappeared.
Medical documentation can be particularly important when an injury does not have an obvious external appearance.
8. Burns
Premises liability claims can also arise from burns caused by unsafe property conditions. Examples may include excessively hot water, exposed wiring, defective electrical systems, fires, improperly maintained equipment, or dangerous substances.
Severe burns may require hospitalization, skin grafts, wound care, reconstructive treatment, and extensive rehabilitation. They can also cause permanent scarring, loss of sensation, infections, and psychological trauma.
9. Injuries Caused by Falling Objects
Retail stores, warehouses, construction areas, and other commercial properties may create hazards when products or materials are stored improperly.
A heavy object falling from a shelf can cause head trauma, neck injuries, shoulder damage, fractures, or spinal injuries. Even an object that does not appear particularly large can cause serious harm when it falls from a substantial height.
Cases involving falling merchandise may require investigation into shelving practices, product stacking, employee procedures, inspections, and whether similar incidents had previously occurred.
10. Injuries Related to Negligent Security
Premises liability is not limited to slips and falls. Some claims involve allegations that inadequate security measures contributed to an assault or another foreseeable criminal act.
Depending on the circumstances, negligent security cases may involve apartment complexes, parking structures, hotels, bars, entertainment venues, shopping centers, or other locations.
Victims can suffer gunshot wounds, stab wounds, fractures, traumatic brain injuries, internal injuries, and significant psychological trauma.
These cases can be legally complex because the analysis may involve prior incidents, lighting, locks, gates, security personnel, surveillance systems, and other factors related to whether the danger was reasonably foreseeable.
Why the Severity of Your Injury Matters to a Premises Liability Claim
A premises liability claim is not valued simply by identifying the type of accident. Two people can fall in nearly identical circumstances and experience dramatically different consequences.
An investigation should consider the full effect of the injury, including:
- Emergency room and hospital bills;
- Diagnostic imaging;
- Specialist appointments;
- Surgery;
- Physical or occupational therapy;
- Medication;
- Future treatment;
- Time missed from work;
- Reduced earning capacity;
- Pain and physical limitations; and
- The effect the injury has had on everyday life.
Banner Attorneys’ website reports a prior $300,000 premises liability settlement, although prior results do not guarantee a similar outcome in any future case. Every claim depends on its own facts, injuries, available insurance coverage, evidence, and applicable law.
What Must Be Proven in an Orange County Premises Liability Case?
An injury occurring on someone else’s property does not automatically make the property owner liable.
California premises liability claims generally require establishing that the defendant owned, leased, occupied, or controlled the property; 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 that harm.
For an unsafe-condition claim, a critical issue is often whether the responsible party knew—or should have known through reasonable inspection and maintenance—that the hazard existed.
That can make evidence from the property itself just as important as medical evidence documenting the injury.
Evidence Can Disappear Quickly After a Premises Accident
A spilled liquid can be cleaned. Broken flooring can be repaired. Surveillance video may be overwritten. Employees can change jobs, and witnesses may become difficult to locate.
If you are physically able after an accident, useful evidence can include photographs or video showing:
- The exact condition that caused the injury;
- The surrounding area;
- Lighting conditions;
- Missing or inadequate warning signs;
- Your injuries;
- Your clothing and footwear; and
- Anything else that helps establish how the accident happened.
You should also report the incident to the property owner, manager, or appropriate employee and obtain medical attention when necessary. Medical records created shortly after the accident can help document both the injury and when symptoms began.
Who Can Be Responsible for an Unsafe Property?
The answer is not always simply “the property owner.”
Premises liability is tied closely to control over the property. Depending on the circumstances, a claim could potentially involve a:
- Property owner;
- Commercial tenant;
- Landlord;
- Property management company;
- Maintenance contractor;
- Retail business;
- Restaurant;
- Hotel operator; or
- Another person or company responsible for the area where the accident occurred.
Identifying who controlled the dangerous condition can become particularly important in shopping centers, apartment communities, office complexes, and other properties involving multiple businesses or management entities.
Talk to Banner Attorneys After a Serious Premises Liability Injury
A serious injury on someone else’s property can leave you facing medical treatment, lost income, and questions about who was responsible for allowing the hazardous condition to exist.
Banner Attorneys handles premises liability claims involving unsafe property conditions in Mission Viejo, Orange County, and surrounding Southern California communities. The firm represents people who have suffered injuries because of falls and other dangerous conditions and offers free consultations to prospective clients.
If you were injured at a store, apartment complex, restaurant, hotel, parking area, private residence, or another property, contact Banner Attorneys to discuss what happened and whether you may have grounds to pursue compensation.
Frequently Asked Questions About Premises Liability Injuries
What is the most common injury in a slip-and-fall accident?
There is no single injury that occurs in every fall, but fractures, sprains, back injuries, knee injuries, shoulder injuries, and head injuries are frequently associated with slip-and-fall and trip-and-fall accidents. The severity depends heavily on how the person falls and the surface involved.
Can I have a premises liability claim if I did not break a bone?
Yes. A valid claim does not require a fracture. Soft-tissue injuries, ligament tears, concussions, spinal injuries, burns, lacerations, and other conditions can cause substantial harm even without a broken bone. Liability and damages depend on the specific facts of the case.
What if my symptoms did not start until the day after my fall?
Some injuries may not produce obvious symptoms immediately. If pain, dizziness, limited movement, or other symptoms develop after an accident, seeking appropriate medical evaluation can help identify the injury and create documentation of your condition.
Can I recover compensation for a pre-existing condition that became worse after a fall?
A pre-existing medical condition does not automatically prevent someone from pursuing a premises liability claim. The important question may be whether the accident aggravated or worsened that condition. Medical records and physician testimony can be important in distinguishing pre-existing symptoms from accident-related changes.
What if I was injured at an Orange County business that leases its building?
The fact that a business leases rather than owns the property does not necessarily prevent a premises liability claim. Liability may depend on who controlled the area where the accident happened and who was responsible for inspection, maintenance, repairs, or warnings. In some cases, more than one party may share responsibility.
