The number of warehouses in California has exploded over the last ten years. Today, warehouses throughout the state employ over 160,000 people. However, warehouses can also be dangerous places, with potential hazards such as heavy machinery, forklift trucks, and hazardous materials.
Whether it’s an Amazon warehouse or one operated by a small company, warehouse owners are expected to take reasonable care to protect anyone who enters their premises. If they don’t, they may be held liable for any injuries or damages that occur. This means that the warehouse owner must take reasonable steps to make the premises safe and warn of any known hazards.
If you or a loved one were seriously injured in a warehouse accident, call the personal injury lawyers at The Dominguez Firm now. We offer free consultations at (800) 818-1818.
What is Considered Adequate Warehouse Security?
The level of security required to be considered adequate will vary depending on the specific circumstances, such as the type of warehouse, the goods stored, and the location of the warehouse.
Security measures warehouse owners need to take include:
- Installing security cameras and alarms
- Fencing the perimeter of the property
- Gating the entrance and exit
- Hiring security guards
- Performing background checks on employees
How To Determine Who Is Liable for Your Warehouse Injury
In some cases, multiple parties may be liable for your warehouse injury. For example, if you’re injured in a forklift accident, the forklift driver, the warehouse owner, and the forklift manufacturer may all be held liable.
To determine who is liable for your injury, the facts of your case will need to be investigated to identify all the parties who may have been negligent. Consult with an experienced personal injury attorney to help you determine those responsible and file a claim for your injuries.
What Are My Rights If I’m Injured While Working at a Warehouse Due to Unsafe Conditions?
If you are injured while working at a warehouse due to unsafe conditions, you have the right to file a workers’ compensation claim since you suffered a work injury. Workers’ compensation is a no-fault system that provides benefits to injured workers, regardless of who was at fault for the injury.
To be eligible for workers’ compensation benefits, the injury must have occurred while you were performing your job duties.
Workers’ compensation benefits can include medical expenses, lost wages, and disability benefits. If someone is killed due to a work accident, their dependents may be eligible for death benefits and have the right to file a wrongful death lawsuit.
Warehouse workers can face a variety of dangerous conditions, including:
- Slippery floors
- Uneven surfaces
- Tripping hazards
- Falling objects
- Heavy machinery
- Forklift accidents
- Hazardous materials
- Poor lighting
- Inadequate ventilation
- Exposure to extreme temperatures
- Overwork
- Repetitive stress injuries
If your injuries were caused by defective machinery or an accident with someone outside your employer, you may have what’s known legally as a third-party lawsuit. When that happens, you could potentially have two lawsuits.
Either way, you should report the injury to your employer immediately. You should also seek medical attention, even if you think your injuries are minor. Then, call the work injury attorneys at The Dominguez Firm right away.
I Was Injured While Making a Delivery to a Warehouse, But I Don’t Work There. Can I Take Legal Action Against the Owner?
Yes, you can take legal action against the warehouse owner if you were injured while making a delivery to their warehouse, even if you don’t work there. This is because the warehouse owner owes a duty of care to all visitors to their property, including delivery drivers and other outside workers.
The duty of care means that the warehouse owner must take reasonable steps to make the property safe for visitors and to warn them of any known hazards. If the warehouse owner fails to do so, and someone is injured, the warehouse owner may be held liable for negligence.
Here are some examples of negligence that could lead to a premises liability claim by an outside worker:
- Wet, uneven or slippery floors
- Tripping hazards
- Falling objects
- Poor lighting
- Unsafe loading and unloading docks
- Aggressive guard dogs
If you are injured while making a delivery or any outside work in a warehouse, you should take the following steps:
- Report the injury to the warehouse owner or manager immediately
- Get medical attention, even if you think your injuries are minor
- Take photos and videos of the scene of the accident, if possible
- Collect the names and contact information of any witnesses
- Contact an experienced personal injury attorney to discuss your legal rights
An experienced personal injury attorney can help you investigate the accident, determine who was at fault, and file a lawsuit on your behalf. They can also help you by negotiating a settlement with the warehouse owner’s insurance company or fight for your rights in court.
Note that you have a limited amount of time to file a premises liability lawsuit in California. The statute of limitations for premises liability claims is generally two years from the date of the injury. But don’t wait to file a claim. Waiting can greatly reduce the value of your claim.
If you have any questions about whether you have a premises liability and/or work accident claim against a warehouse owner, contact The Dominguez Firm today.
What Damages Can You Recover For Your Warehouse Injury?
If you are injured due to the negligence of a warehouse owner, you may be entitled to recover damages for your medical expenses, lost wages, pain and suffering, and other losses. The amount of damages you can recover will depend on the severity of your injury and the specific circumstances of your case.
There are two types of damages, economic and non-economic. Economic damages are meant to compensate you for your financial losses due to your warehouse accident. Non-economic damages will compensate you for your emotional losses. California places no limit on what can be awarded in non-economic damages, which means it usually makes up the largest part of a warehouse accident victim’s final compensation.
What Dangerous Conditions Does the Property Owner Have to Warn About or Fix?
Property owners must warn visitors and employees about any known dangerous conditions on the premises. They also have a duty to fix any dangerous conditions that they are aware of.
Some common examples of dangerous conditions in warehouse settings include:
- Slippery floors
- Broken stairs
- Exposed wires
- Poor lighting
- Poor ventilation
- Hazardous materials
I Was Injured While Visiting a Warehouse. Can I Sue the Owner?
If your injury was caused by unsafe conditions, you can file a lawsuit against the warehouse owner. Premises liability is an area of personal injury law. It is a legal term that refers to the responsibility of a property owner to keep people safe from injuries that occur on their property. This includes both visitors and employees.
Warehouse property owners also need to take reasonable care to make their property safe. This means that they must inspect their warehouse and surrounding property such as parking lots for hazards and fix any that they find. They must also warn visitors of any known hazards.
If a warehouse property owner fails to take reasonable care and a worker or visitor is injured as a result, they may be held liable for the victim’s injuries. This is known as premises liability.
Some common examples of negligence in warehouse settings include:
- Failing to properly maintain the premises, such as by repairing broken floors or stairs
- Failing to provide adequate lighting or security
- Failing to properly train or supervise employees
- Failing to warn visitors about known hazards
What Happens if I’m Injured in a Warehouse on Government Property?
If you’re injured on government property, you may be able to file a lawsuit against the government agency that owns or controls the property. However, some special rules and procedure apply to lawsuits against the government. Generally, there is a lot more paperwork involved. Also, you have only six months from the date of your accident to file your lawsuit in most cases. This applies to warehouse properties on municipal, state and federal lands.
Given the reduced time frame, consult with an experienced personal injury attorney immediately.
Call The Warehouse Injury Lawyers at The Dominguez Firm Today
If you were injured in a warehouse accident due to the owner’s negligence, you may be entitled to compensation from the warehouse owner. Whether you’re a worker, an outside worker or a visitor, you should consult with an experienced personal injury lawyer right away.
An experienced personal injury attorney can help you investigate the facts of your case, identify all the parties who may be liable, and file a lawsuit on your behalf. They can also help you negotiate a settlement or go to trial if needed. The Dominguez Firm has been helping employees and others injured in warehouse accidents for over 30 years. Put our knowledge to work for you! Call us for a free consultation at (800)818-1818 today.
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