Our California premises liability attorneys can help if you suffered an injury on another party’s or person’s property.
California premises liability law imposes on property owners and occupants a duty of reasonable care to maintain their property in a reasonably safe condition, and to warn guests and visitors of lurking dangers that may not already be open and obvious.
This “duty of care” obligates people and businesses to:
- maintain their property,
- inspect their property,
- repair any potentially dangerous conditions, and/or
- give adequate warning of any dangerous property conditions.1
A property owner or occupier who is negligent in failing to keep the property in a reasonably safe condition may be liable for any injuries that their negligence caused you to sustain on the property. You may then be able to file a personal injury lawsuit against the property owner for compensatory damages.
A few examples of premises liability accidents are slip and falls, animal attacks (for example, dog bites), and swimming pool accidents. Common injuries in these cases include neck and back injuries, broken bones, and concussions.
In premises liability cases, you can generally sue the individual or company who owns, leases, occupies, or controls the property upon which you were injured.
A skilled premises liability lawyer can help you in a host of different ways in these cases. For example, an attorney can:
- help you receive immediate medical care,
- manage your ongoing medical treatment,
- gather evidence to prove a party was liable for an accident,
- file premises liability claims with a party’s insurance company, and
- initiate a lawsuit and manage any litigation.
The Shouse Law Group is a California-based personal injury law firm that represents accident victims in premises liability cases. Our experienced premises liability lawyers work tirelessly and seek to get you the biggest settlement possible. Call today to get the legal representation you deserve.
What are common causes of premises liability accidents?
Common types of premises liability cases involve:
- slip and fall accidents,
- animal attacks/dog bites,
- pool accidents (typically involving children),
- instances of negligent security (for example, negligent hotel security),
- amusement park accidents,
- falls in apartment complexes,
- elevator and escalator accidents,
- workplace accidents,
- toxic substance exposure,
- structural collapse,
- burns and electrocutions,
- construction site accidents,
- accidents on walkways, and
- homeowner negligence.
A property owner’s lack of ordinary care can undoubtedly lead to a serious injury. Common injuries in these cases include:
- traumatic brain injuries,
- spinal cord injuries,
- broken bones,
- neck and back injuries, and
- electric shocks.
Note that if you were trespassing at the time of the accident, you may have a difficult time recovering damages. Landowners have a lower duty of care towards trespassers than to other people such as “invitees” or “licensees” (social guests).
Who are common defendants in premises liability cases?
In a premises liability cause of action in California, the potential defendant(s) may include a:
- business owner,
- tenant or renter,
- a property management company,
- parent company,
- retail center,
- big box store,
- amusement park,
- store, or
- an employee of one of the above.
Note that the party responsible for an injury does not necessarily need to be the party who owns or possesses the property. Control of the property alone is sufficient for liability.2
Negligent parties in these cases normally have to compensate you for:
- medical bills and medical expenses (including rehab, medications, therapy, and future treatments),
- lost wages,
- lost earning capacity,
- property damage,
- other out-of-pocket costs, such as travel,
- pain and suffering, such as mental anguish and emotional distress,
- scarring or disfigurement, and
- loss of consortium
Since pain and suffering can be difficult to calculate, it is referred to as “non-economic damages.” Damages that are easy to calculate – such as medical expenses – are called economic damages. You are entitled to both types of damages.
Many factors go into determining damages, including
- the severity of your injury,
- how long it will take to recover,
- whether there is an insurance policy,
- each party’s income, and
- your age.
Sometimes a person unfortunately dies in a premises liability case. In these instances, the deceased party’s family members can likely file a wrongful death lawsuit against the party responsible for causing the accident. Damages can include (but are not limited to):
- burial and funeral expenses,
- amounts the deceased would have earned as income, and
- compensation for the loss of the deceased’s companionship and support.
In some cases, you may even be entitled to punitive damages to punish the defendant for their gross negligence or other egregious behavior. Punitive damages can be far greater than economic- and non-economic damages.
What is the role of a personal injury attorney in these cases?
A personal injury lawyer assists you in several critical ways in premises liability cases.
A skilled attorney interviews accident victims to assess your medical needs and learn the facts of a case. An attorney can then help you receive immediate medical attention and manage your ongoing medical care.
Lawyers can also assist by gathering evidence to help identify liable parties, such as:
- CCTV and surveillance video
- eyewitness testimony
- medical records
- police reports/accident reports
Lawyers can also appoint experts to assist in interpreting this evidence or explaining it to a judge or jury.
When an at-fault party is insured, an injury attorney can file a personal injury claim with the insurance company and negotiate the claim with the applicable insurance adjuster.
Finally, premises liability attorneys can file lawsuits in personal injury cases and work to receive favorable verdicts on your behalf.
In the rare event that your case goes to trial, the court has to find by a preponderance of the evidence that the defendant is liable for your injuries. In short, that it is more likely than not that the defendant is liable. We can often meet this burden through intensive investigations, evidence-gathering, and direct examinations and cross-examinations.
What are the benefits of a premises liability lawyer?
A premises liability lawyer helps you receive the maximum compensation possible for your injuries.
They know and understand the true value in these cases. This means a lawyer will not back down from an insurance adjuster or accept a lowball settlement offer from a property owner.
Personal injury attorneys can also find hidden value in a case (for example, by gathering overlooked evidence). As a result, they can help maximize your payout.
Further, a premises liability lawyer manages an accident case from the minute they accept the case. You are then free to concentrate on your health and healing.
Note that almost all personal injury lawyers provide free initial consultations. This means you can get all of your legal questions answered without spending a dime.
Note, too, that the communications between a lawyer and yourself are protected by the attorney-client relationship. A result is that a lawyer cannot disclose these communications without first getting your consent.
How long do I have to sue?
In most cases, you have two years after your injury to bring a negligence lawsuit against the at-fault parties. If you wait to sue until after the statute of limitations has run, your case will be dismissed.3
For additional help…
If you or a loved one was injured in a premises liability accident, we invite you to contact our law firm at the Shouse Law Group. Our California personal injury attorneys and legal team provide both free consultations and legal advice you can trust.
We work tirelessly to get you the maximum compensation available for your case. Our lawyers represent clients throughout California, including those in Los Angeles, San Diego, and across southern California.