Understanding California Premises Liability Cases

Injured Guest Falling Down the StairsInjured on someone else's property? You may have grounds for a premises liability lawsuit. California law requires property owners, managers, and occupants to take reasonable precautions to ensure the safety of tenants, patrons, and visitors—including warning them of dangers that may not be immediately obvious—or risk liability for injuries and other losses that occur.

Premises liability claims are claims brought against property owners, businesses, management companies, private homeowners, and even government entities. Here's what you need to know about California premises liability cases and how our experienced Inland Empire personal injury attorneys can help you recover compensation if injured by the negligence of a property owner or lessor of property.

Common Types of Premises Liability Cases

Slips and falls are the most well-known type of premises liability case. However, premises liability law covers a broad range of injuries and accidents that can occur on another person's property. Here's an overview of common types of premises liability claims.

  • Slips and falls – often caused by slippery floors or substances on floors.
  • Trips and falls – which may be due to construction defects, uneven or broken flooring, loose carpeting, or objects or cords in walkways
  • Dog bites and animal attacks
  • Dangerous roads or sidewalks – potentially caused by design defects or poor maintenance
  • Falling objects – examples include precariously stacked items on store shelves or unsecured equipment or materials in construction zones
  • Collapsing structures – such as catastrophic deck collapses caused by design defects or building rot
  • Swimming pool accidents – due to a lack of fencing or warning signage
  • Assaults or attacks – as a result of inadequate security

What You Have to Prove

Injured on someone else's property? You're not automatically entitled to damages. In order to recover compensation, you have to show negligence on the part of the property owner or occupier. Specifically, you'll have to prove that:

  • The defendant owed you a duty of care
    • The duty of care is the responsibility of the property occupier to reasonably conduct inspections of the property for dangerous conditions, then repair the conditions or place a warning of the condition until such time as the dangerous condition could be corrected
  • The dangerous was not so obvious that the injured person engaged in such reckless conduct as to cause his/her own injuries
  • That this breach of duty was a substantial factor in causing the injury
  • The nature and scope of the injuries suffered
  • If your lawyer can prove these items, then the jury decides the amount to be provided for the injuries

Our accomplished personal injury team can help you gather and preserve the essential evidence needed to prove these elements in your case.

What You Could Recover

After a serious premises liability accident, we can help you recover compensation for a wide range of damages, including:

  • Accident-related medical expenses
  • Lost wages
  • Lost earning capacity
  • Physical pain and suffering
  • Emotional distress
  • Scarring or disfigurement
  • Permanent physical impairments
  • Reduced quality of life
  • Lost enjoyment of life
  • Wrongful death of a family member
  • Other losses

Why You Should Act Fast After an Injury on a Dangerous Property

Protect your right to recovery after a California premises liability accident. Following these steps can help:

  • Seek medical attention for your injuries as soon as possible and follow through with the treatment the doctor prescribes, including attending follow-up appointments
  • Gather relevant evidence, such as photos of your injuries, the scene of the accident, and the cause of your fall
  • Write down contact information for witnesses
  • Notify the property or business owner of the incident, and complete an accident report form, if requested
  • Contact a knowledgeable personal injury attorney to explore your legal rights and options

Don't put off taking legal action, as you have a limited time to file your claim. Important notices need to be sent to the property owner or business for them to preserve evidence such as video footage of the injury, preservation of the substance or condition, etc.  California gives you just two years to file a premises liability personal injury lawsuit—and the deadline for filing a claim involving an injury on public or government property is much shorter, no more than six months in some cases.

Discuss Your Premises Liability Case With a Skilled California Personal Injury Attorney

Want to find out how the exceptional injury recovery specialists with the Inland Empire Law Group can help you obtain the compensation you deserve? Contact us today at (888) 694-3529 or (909) 481-0100 to schedule an appointment for a free initial consultation with a member of our legal team.

 

David Ricks
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Rancho Cucamonga Car Accident Attorney and Victorville CA Personal Injury Lawyer Serving Inland Empire