Living in California, there are many different features and styles of buildings and houses than in other parts of the country. The mild climate in Los Angeles and Southern California is ideal for using terra cotta roof tiles, for example. These roof tiles are not an option in colder climates where the winter freeze would damage or destroy the surface. However, they are the perfect solution for a warmer environment that is very hard on typical asphalt shingle roofs.
As you travel around the area, you will see many shapes and colors of these roof tiles that add a bit of southwestern or Mediterranean flair to the homes as well as added longevity for the roofs. But it is vital to understand that no building material is perfect. And these individual roof tiles can be damaged, especially during a harsh storm with high wind and blowing debris. Therefore, as a homeowner or building owner, it is crucial to have a tile roof inspected after a severe storm to ensure the roof tiles are secure and will continue to prevent water damage, but also to ensure the safety of everyone who is walking near the building.
If you have been struck and injured by a falling roof tile, it is essential to understand your legal rights as an injury victim and how to pursue any compensation owed to you. The falling broken roof tile injury attorneys at Normandie Law Firm are here 24/7 to provide answers to your questions and the legal expertise you need after such an incident. Contact the office immediately to better understand how to protect your rights and schedule a free consultation to explore your options with a California injury attorney.
Why Falling Objects Are So Hazardous
In most cases, a falling broken tile injury victim is completely blindsided. They have no idea that an object such as a terra cotta roof tile is falling toward them. So they are making no effort to protect their head and face from the impact of this stone-like object. In addition, in most instances, the damaged roof tile has sharp edges and could even have corners that will cause severe damage to skin and bone on impact.
In addition, the sudden impact of the roof tile will cause the victim to trip and fall, causing added injuries. And in the worst cases, the victim could fall down nearby steps, into the roadway and busy traffic, onto other objects that inflicted equally as much damage to the rest of their body.
Common Falling Broken Roof Tile Injuries
Of course, head injuries are very typical from a falling broken roof tile. However, a strong wind can cause the tile to sail more than falling in a direct downward motion. So the victim’s entire body is at risk of suffering severe injuries, including:
- Concussion
- Traumatic brain injury
- Skull fracture
- Head or facial laceration
- Injuries to the eyes, nose, mouth, teeth, or face
- Compression injuries to the neck or spine
- Collarbone injuries
- Fractured or broken bones
- Joint dislocations
- Sprains
- Torn muscles or ligaments
- Nerve damage
- Internal organ damage
- Internal bleeding puncture wounds or severe lacerations
These are just some painful injuries that can result from a broken or damaged roof tile that falls from a building. It is also vital to understand that even a single roof tile that falls from a high roof can cause life-altering or life-threatening injuries to the victim. Immediate medical care is critical in reducing the potential for permanent disabilities for any victim struck by a falling roof tile.
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The Impact Of Premises Liability
The part of our legal system that dictates how property owners must maintain their properties. The concept is in place to ensure that guests to any property can remain safe from hazardous conditions. The standard of care is to the level that any average person would consider safe. When a property owner meets this reasonably expected level of safety, they are said to have provided adequate duty of care. However, when they fail to meet this minimum level of safety, the property owner is said to be in breach of duty or breach of duty of care.
Delivering The Proof You Need To Establish Breach Of Duty
Being hit and injured by a falling broken roof tile is typically not enough to ensure that the property owner will be liable for your injuries. Other elements need to be established to ensure that the property owner is held accountable for the incident, your injuries, and the cost of your expenses and losses due to the injuries. The elements that must be proven are as follows:
- The property owner knew about or should have known about the hazardous condition on their property but failed to repair it or place warnings or barriers to prevent an injury
- You were injured by the dangerous condition at the property
- The property owner was in control of the property at the time of your injury
For example, it would be challenging to win a case against a property owner if a falling roof tile hit you during a heavy storm damaging the roof because the damage was occurring at that very moment. The property owner had no way of knowing the damage was happening, nor did they have the opportunity to fix the damage to prevent injuries.
However, if you were at the property a week after the storm had damaged the roof and there were broken roof tiles littering the property, the owner had ample time to discover the hazard and have it repaired or restrict access to the property. Instead, the property owner failed to take the actions of the average prudent person in inspecting the property for damage after the storm and could be found to be in breach of duty of care.
Helping Your Falling Broken Roof Tile Injury Attorney Make Your Case
Conditions on any property can change quickly. And in many cases, when you report an injury accident, the property owner is quick to have the issue repaired. So it is vital to gather as much information and documentation as possible immediately after the incident. If your injuries prevent you from gathering this information, ask a family member to help or contact Normandie Law Firm immediately to discuss your case and allow our expert staff to assist by gathering the beneficial information to support your claim. The critical documentation from the site includes:
- Contact information for any witnesses to the incident
- Photos of your injuries
- Pictures of the hazard, such as the broken roof tile that struck you
- Pictures of the general area, including other hazards such as broken roof tiles on the ground, roof tiles hanging over the edge of the roof, or photographs of parts of the roof where roof tiles are missing
It can also be helpful to note any security cameras in the area that might have captured the incident as it occurred. You or the staff at Normandie Law Firm can request a copy of the footage to document the event.
How Long Do I Have To File A Claim?
The Statute of Limitations for most premises liability and personal injury cases in California is two years from the date of the injury. However, that time frame can decrease to six months if a government entity owns the property. For example, if the roof tiles fell from a city library or the county courthouse, your time allotted to file the case is only six months from the date of your injury. So it is vital to contact Normandie Law Firm as soon as possible after the incident to discuss your case and its legal merit.
What Is The Value Of My Falling Broken Roof Tile Lawsuit?
The final value of any lawsuit or legal matter is typically based on the actual losses and expenses paid by the victim. In the case of a falling roof tile incident, the common costs you could include in your claim are:
- All your medical bills related to the injuries
- Your lost wages if you could not work while recovering and for time missed to attend to your medical needs
- The value of any personal property damaged in the incident
- Your legal fees
- Pain and suffering
The Normandie Law Firm team will help you gather the supporting documentation needed to ensure that you include all the eligible expenses in your claim.
Why Choose Normandie Law Firm?
At Normandie Law Firm, our focus is always on meeting the needs of our clients. We understand the hardships an injury can create and will work tirelessly to ensure you get the most robust compensation possible for the losses and pain you have endured. In addition, we want you to focus on your recovery rather than worrying about your legal fees. So we never charge any upfront expenses when we take your case.
Instead, we only get paid after you have the settlement or verdict you need to pay your bills. And if we fail to win your case, you owe us nothing. This simple process is the best way for our staff to demonstrate our dedication to you and winning your case. So please contact the Normandie Law Firm today to discuss your case at a free consultation with a falling broken roof tile attorney.
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