Vehicles in California that are over 8 years old must be checked every other year for smog emissions, These tests, known as smog checks, are performed by a licensed technician at various smog check locations throughout the state. During the smog check, a technician will use a measuring device to check the level of emissions coming out of your car’s tailpipe. If you fail the smog check, you will not be able to drive your car until the problem is resolved.
In most cases, smog check locations are simply auto body shops that offer emissions testing along with other car repair services. These businesses are prone to hazards that can injure workers and customers, and owners have an extra duty of care to ensure the safety of those that are on their premises. When the auto body shop fails to repair or resolve a dangerous condition, it’s only a matter of time before someone has an accident.
Have you been injured on the premises of a smog check location? If so, you may be eligible for monetary compensation, but there are strict procedures and timelines for the filing of a lawsuit in California. To ensure that you are properly compensated for your injuries, contact our law firm right away to learn about your legal rights.
Accidents at a Smog Check Location
Visitors at a smog check location are likely to be injured from one of the following accidents:
- Slip and fall
A slip and fall over oil or water are the two most common causes of injuries at a smog check location. But there are many other automotive fluids that can be spilled at these places. Even a spilled drink or food by one of the workers or another customer can cause someone to slip and fall. Owners and staff must keep an eye out for these hazards and take care of them right away.
Weather conditions are another source of slip and fall accidents. Rain water, snow, and ice must be cleared from sidewalks, pathways, and anywhere else an individual may walk through.
- Trip and fall
Visitors can trip over tools, hoses, and other items that are left out by workers at a smog check location. People can also trip due to broken or uneven pavement, exposed wiring, and poor lighting. Frankly, there is no limit to the number of things you can trip over at an auto body shop. Routine cleaning and maintenance can prevent most of these accidents, but many owners neglect these basic duties.
If you’ve been injured from a fall at a smog check location, you may have grounds to sue the business for the harm you’ve suffered. However, swift and aggressive action is necessary to win a case for monetary compensation. To initiate an injury claim for monetary damages, contact our office and speak to a Los Angeles personal injury attorney.
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Injuries from a Smog Check Location Accident
Falling down is not an unusual occurrence, yet they produce some of the worst injuries that we have seen at our law firm. Here are just some of the bodily injuries that you can sustain from a slip and fall or trip and fall accident:
- Wrist / ankle sprain
- Hip fracture
- Traumatic brain injury
- Broken bones
- Dislocated shoulder
- Internal bleeding
- Whiplash
- Spinal cord damage
- Scarring / disfigurement
- Torn ACL / MCL
- Dislocated kneecap
- Nerve damage
- Broken nose
- Tailbone fracture
Monetary compensation is necessary to cover the losses associated with these injuries. These losses include medical bills, lost time from work, and other economic damages. However, most victims also suffer from the emotional trauma of being in an accident. It’s very common for these victims to develop mental health disorders such as depression and PTSD. Non-economic damages are available for your emotional injuries, which our lawyers can explain to you during a free consultation.
What to do after a Fall-Related Accident
Taking the right steps after a slip and fall or trip and fall accident are essential to recovering from your injuries with the least amount of damage. These steps will also protect your rights and ensure that you have a strong case for monetary compensation. If you’ve been injured at a smog check location, make sure to take the following actions:
- Get treatment for your injuries.
Medical attention should be your first priority, as there are many serious injuries that you can sustain from a fall-related accident. You will also need proof of your injuries in order to file a lawsuit, so make sure to see a doctor right away.
- Report the accident.
You can do this right before or after you go to the hospital, depending on the severity of your injuries. Make sure to ask for someone in charge, like a manger or the owner, who will need to report the details of your accident to their insurance company. Before you leave, you should be given a copy of the report that will be sent to the insurance company.
- Collect evidence.
Take pictures or video of your injuries to show the extent of the harm you’ve suffered. This is essential, as some injuries will improve over time and not look as bad as when you first had your accident. Additionally, gather any physical evidence that can support your claim, like the clothes and shoes you were wearing at the time. If there were witnesses to your accident, try to get a written statement from them, or ask for their contact information so that you can obtain a statement later.
- Contact an attorney.
Try to do this as soon as you can, since you will need to know about your legal rights to monetary compensation. A skilled premises liability lawyer can help you file a claim and fight for the full range of damages you are entitled to.
The lawyers of Normandie have many years of experience recovering settlement awards for slip and fall and trip and fall injury victims. To get started on a claim for monetary damages, give us a call and speak with a smog check location accident injury attorney.
Can I Sue the Auto Shop for my Accident?
Yes, you can sue the auto shop where you went for a smog check if your case meets the following conditions:
- The business had a duty of care to you as a legitimate visitor on their premises (customer, delivery person, etc.).
- The business owner breached their duty of care by failing to resolve a hazardous condition.
- Due to the owner’s negligence, you had a slip and fall or trip and fall accident.
- Your accident caused bodily injuries and/or property damage, which merit compensation from the owner.
These are the elements that must be met under California’s premises liability laws. Owners, by the way, are also responsible for hazards they should have known about. For example, an owner might argue that he was unaware of a patch of oil in the back of his shop, since he rarely goes back there. However, that area is still a part of his property, which he is responsible for inspecting and maintaining on a regular basis. So if a person is injured from slipping on that patch of oil, the owner may be liable in a slip and fall accident lawsuit.
What if the Accident was caused by an Employee?
It’s more than likely that the hazard resulting in your accident was caused by an employee. In that case, are you only allowed to sue the employee? It depends on the circumstances under which the individual committed their act of negligence. California’s vicarious liability laws hold employers responsible for their employee’s actions if they occurred within the scope of their employment.
For example, let’s say an auto worker employed by a smog check location finishes working on a car. There is a puddle of motor oil on the ground, but he’s eager to get to the next car and doesn’t clean up the oil spill. A customer that’s walking by slips on the oil and suffers numerous injuries. The owner insists that the employee acted on his own accord and that the shop is not responsible for the accident. However, the worker committed an act of negligence while he was doing something related to his employment. That means the smog check location is vicariously liable for the customer’s injuries.
This is an obvious example, but your own case may involve a more complex situation of vicarious liability. Frankly, liability is a challenging concept to understand, so it’s best to consult a knowledgeable attorney regarding your rights and legal options.
What can I Recover from a Smog Check Location Accident?
What you can recover from a smog check location accident depends on the severity of your injuries and your level of suffering as a result of those injuries. To give you an idea of the available damages, here is a list of what we typically ask for in a slip and fall or trip and fall accident lawsuit:
- Cost of current and future medical treatments
- Wages lost from missed time at work
- Future lost wages if you’re unable to work
- Emotional trauma (pain and suffering)
- Property damage for your belongings
- Legal fees
If you can prove a case of gross negligence, you may be awarded additional compensation on top of your settlement, which is known as punitive damages. Gross negligence refers to conduct that is reckless or especially harmful, and therefore, the defendant deserves to be punished. There is no limit to the amount of punitive damages you can be awarded in California, and as a result, it’s very difficult to win this form of compensation. Because of our many years of experience, we can recover punitive damages and any other payments you are eligible to receive
To learn more about the compensation you are entitled to after a smog check location accident, call our office and speak with one of our lawyers.
Contact Normandie Law Firm
Fall-related accidents cannot be underestimated in terms of the damage they inflict on a person’s life. Slip and fall and trip and fall accidents cause extremely serious injuries that can take years to recover from. Other injuries will stay with you for life and take away your ability to do basic tasks and have a normal relationship with your loved ones. These are the facts that motivate us when a client comes to us after sustaining a fall at a smog check location. We have fought zealously on behalf of injury victims for over two decades, and we will do the same for you.
No matter how much work is needed on your case, you will never be charged upfront under our Zero fee guarantee. At Normandie, we believe that injury victims should not have to pay for legal representation. That’s why we ask for our legal fees as a part of your settlement, meaning we only recover our costs by winning your case. In the event we don’t win your case, there in absolutely no cost to you since we only get paid if you get paid.
To learn more about your legal options if you’ve been injured at a smog check location, call Normandie Law Firm and schedule a free case evaluation.
