DO YOU NEED HELP TO RECOVER COMPENSATION FOR INJURIES FROM NEGLIGENT DRIVING? The Sterling Firm can help! A texting and driving a vehicle is a negligent driving! A texting driver is at 23 percent higher risk of a crash than an attentive one. This risk is because while someone texts, they have to concentrate on the keypad rather than the steering wheel. This shift in attention may seem very small, but a split-second decision can make a big difference at high speed. Studies have found that driving while using a cellphone reduces the amount of brain activity needed for [...]
About Justin SterlingJustin Sterling, Esq. is the Founder and Principal Attorney of The Sterling Firm, A Professional Law Corporation. Mr. Sterling is licensed by the California State Bar and the United States District Court for the Central and Northern Districts of California. He is committed to representing clients and serving the legal community with the utmost professionalism and compassion.
WHAT INVESTIGATION AND EVIDENCE IS REQUIRED TO PROVE A PREMISES LIABILITY CASE? In a premises liability case, immediately at the time of the incident, photos should be taken of the condition of the premises. Anyone at the scene should take photographs, preferably with a measuring ruler, a quarter (.5 inch), or some other way to provide reference of displacement, degree of mis-levelment, or some way to document, safekeep, or preserve the dangerous substance. In most states, the standard for admitting the photos into evidence is do they accurately reflect the scene at the event. The [...]
WHAT IS THE DIFFERENCE BETWEEN A SLIP AND FALL VS. TRIP AND FALL CASE? When it comes to proving your slip and fall or trip and fall case and making a personal injury claim there actually is a HUGE difference between these two types of claims. Satisfying plaintiff’s burden of proof in a “slip” case is much more difficult than a “trip” case. When discussing the difference between a “trip and fall” vs. a “slip and fall” injury claim, the main issue is whether the defendant had knowledge of the dangerous condition. Here is a [...]
WHAT IS THE PLAINTIFF’S BURDEN OF PROOF IN A PREMISES LIABILITY CASE? In a premises liability civil trial, the plaintiff bears the burden of proof, which means that the plaintiff must prove the facts in the case by a preponderance of the evidence (i.e., the greater weight of the evidence, that it is more likely than not that the fact is true). The defendant does not have to prove that he or she is not liable, rather the burden is on the plaintiff. The degree of proof required in a civil case is far less [...]
DEFENDANTS IN A SLIP AND FALL CASE When a premises liability case (i.e. slip and fall or trip and fall incident) occurs, determining who the proper defendant to be named in the lawsuit is complicated. Multiple parties may bear responsibility for the safety of the premises. The possible defendants in a slip and fall case may include: the property owner, business operator, employer, property management company, contractors performing services on the premises, and even a manufacturer or supplier of any floor care products, flooring or footwear involved in the incident. The business owner or a [...]
Premises Liability “Premises liability” is a legal term used to refer to certain types of personal injury cases in which the plaintiff’s injury was caused by some type of unsafe or defective condition on someone's property. These type of cases may include: slip and fall cases, trip and fall cases, snow and ice accidents, inadequate maintenance of the premises, defective conditions on the premises, defective staircases, inadequate building security leading to injury or assault, elevator and escalator accidents, dog bites, swimming pool accidents, amusement park accidents, fires, water leaks or flooding, wet or oily floors, [...]