Quirk Accident & Injury Attorneys represents victims injured in accidents involving truncated domes in Thousand Oaks. But these dome-shaped, accident-prone obstacles present a serious tripping hazard to the elderly, as well as those dealing with balance issues from dizziness, ear ailments, medications, or arthritis.
If you or a loved one has been injured due to a truncated dome accident, the Personal Injury Lawyers at Quirk Accident & Injury Attorneys can help recover compensation. Contact us today for a free consultation and case evaluation.
How Quirk Accident & Injury Attorneys Help Victims Injured By Truncated Domes in Thousand Oaks
Many of us have encountered these truncated domes while pushing grocery carts to our cars, as they’re about as subtle as a minefield. They’ll often capsize a pickle jar inside your grocery cart, or you may get tripped up by them stepping on or off the sidewalk. But who is responsible if a truncated dome causes you to fall and injure yourself? What if the truncated dome was damaged, or improperly installed, and caused you to seriously hurt yourself?
If you’re injured due to a truncated dome in Thousand Oaks, then you’ll most likely have a case against the municipality, city, or county that installed it. Truncated Domes are typically installed on sidewalks, which are controlled and regulated by the government. In some cases, depending on the situation, a construction company or property owner may be responsible.
Quirk Accident & Injury Attorneys will help you manage your truncated dome injury claim and ensure you are compensated for the following damages:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity, you’ve suffered from your accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
Why Do We Have Truncated Domes in Thousand Oaks?
Truncated domes are detectable warning pads with a series of bumps used at the end of sidewalks that lead onto the roadway. These truncated dome installations have become a national requirement as of 2010, through the Americans with Disabilities Act (ADA). Curbs were first made safer with the innovation of adding “curb cuts” or slow-sloping ramps leading up the curb to reduce tripping accidents, specifically for those with limited mobility.
Later, truncated domes were added to serve as a warning to the visually impaired as they were entering a zone with vehicular traffic. To keep people from tripping over truncated domes, detectable signs and warning tiles were implemented alongside the curb.
Truncated Dome Injuries and Premises Liability in Thousand Oaks
If a truncated dome causes you to suffer injuries, then you are legally entitled to recover damages. A truncated dome could be damaged, creating an uneven surface that needs to be repaired, or there’s a sharp edge where a person’s foot could easily get caught. Or maybe there are no warning signs about truncated domes on the sidewalk, and they’re not easily visible. All of these can be considered a premises liability.
If an individual, company, or government entity fails to exercise reasonable care over their property and someone gets injured, they can be held liable for damages according to California’s Civil Code 1714(a), which states:
“Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary car, brought the injury upon himself or herself.”
The most common liable parties for truncated dome premise liability injuries include:
- A property owner
- A business owner
- The government
- A contractor or subcontractor
Does it Matter if a Truncated Dome in Thousand Oaks is on Private or Public Property?
A fall from a truncated dome usually results in serious injury. This is because a person’s body will typically strike the pavement after a slip-and-fall on a truncated dome, resulting in a broken arm, fractured hip, or traumatic brain injury. These are life-altering injuries, which is why it is recommended to consult with an experienced Personal Injury Lawyer.
So, whether the accident occurred on public or private property matters because it determines who you will sue to recover damages after suffering a life-changing injury. Let’s say you suffered a broken elbow after tripping on a cracked truncated dome when you were walking from your car to a Ralphs grocery store in Thousand Oaks.
In this scenario, Ralphs, the property owner, could be held responsible if they knew the truncated dome was damaged and they failed to correct it or warn anyone about the hazardous dome. Or, the local government could be liable if they were warned about the damage and failed to make the repair.
If you’re unsure who is responsible for your truncated dome injury, Quirk Accident & Injury Attorneys can help. We offer a no-cost, no-obligation case evaluation, so you can understand your right to compensation and what legal options are available to your unique situation.
How Do You File a Claim Against the Government for a Truncated Dome Injury in Thousand Oaks?
Before you can sue a public entity in California for a skateboarding injury, you must first file a claim with the government entity you intend to sue that meets the requirements of the California Tort Claims Act. This is covered in California Government Code 810-996.6. These laws apply specifically to public entities such as:
- State government
- County agencies and departments
- Local government agencies
- Government employees
If you are filing a personal injury claim against a local government entity, you can file a claim directly with the governing board or clerk. Many local departments have their own claim form for you to fill out, accessible at their offices or online.
To file a claim against California state agencies or employees, you will need to go to the California Department of General Services, Office of Risk Management. This site allows for any person to file a government claim to receive compensation for damages caused by the state of California.
If the agency you are suing does not have a claim form, you still have options. Under these circumstances, you can draft your own personal injury claim. Your claim must include the following:
- Your name and address
- Address where you’d like to receive notice
- Date, location, and circumstances surrounding the skateboard accident
- A general description of damages caused by the accident
- The name of the employee (if applicable) or agency that caused the injury
- The dollar amount you are claiming
- If you are claiming more than $10,000 you must state if your lawsuit will be considered a limited case (less than $35,000) or an unlimited case (a demand for more than $35,000).
Proving Premises Liability for Truncated Domes in Thousand Oaks
If you file a premises liability lawsuit against a property owner, government, or corporation for a truncated dome accident, you will be considered the plaintiff, and the liable party will be considered the defendant. To recover damages from the defendant, you must establish the following:
- The defendant owned, leased, or controlled the property
- The defendant was careless and did not maintain the property in a safe manner
- You were harmed by slipping or falling on the property
- The defendant’s careless action or hazardous conditions caused you harm
In a premises liability case, a property owner is considered careless when they:
- Allow a hazardous condition to exist on their property
- Knew, through the exercise of reasonable care, that this condition existed
- Fail to repair the hazard, or warn others about the condition
What Should I Do After a Truncated Dome Injury?
If you are injured due to a hazardous truncated dome, seek medical attention immediately. Nothing is more important than your health. After you get medical care, it is recommended to:
- Report the injury to management (if applicable). Premises liabilities require a prompt investigation, especially if they occur on property owned by a corporation. Reporting the injury to a property manager or government entity will also help your case if you decide to file a premises liability claim.
- Take your own photos of the scene and get witness statements. Hazardous conditions can be removed or remedied very quickly to prevent more accidents, so it is important for you to capture the dangerous environment while it is still there.
- Follow up on your injuries with a doctor. Any injuries you’ve sustained from your accident will become a part of your case, and you will need a doctor to corroborate your injuries.
- Contact Quirk to protect your rights to compensation. Most accident victims find themselves overwhelmed by the incident and fail to realize the enormous impact a serious injury can have on their lives. Our experienced attorneys can help you understand your legal options and get you the compensation you need to make a full recovery.
FAQs
Q: How long does a truncated dome premise liability case take to settle in Thousand Oaks?
A: The length of the case depends on the complexity. The more complicated it is, the longer it will take to resolve.
Q: How long do I have to file a truncated dome injury lawsuit in Thousand Oaks?
A: 2 years. The statute of limitations for filing a personal injury lawsuit in California is two years from the date of the accident.
Q: What if I can’t afford a lawyer?
A: There is no upfront money required at Quirk Accident & Injury Attorneys. Our Premises Liability Lawyers work on a contingency fee, meaning we only get paid if we win your case for you.
Contact a Thousand Oaks Truncated Dome Injury Lawyer
If you or a loved one has sustained injuries due to a truncated dome in Thousand Oaks, the Quirk Accident & Injury Attorneys will help you receive immediate medical attention and recover the maximum amount of compensation for your damages. We have years of premises liability experience and will aggressively pursue all liable parties to recover everything you are owed.
Whether you’re looking for a more experienced law firm to handle your case or you’re pursuing a personal injury claim for the first time, our firm is here to help. Don’t wait until it’s too late. Contact us today for a free, no-obligation consultation and get the legal help you need.