Our California premises liability attorneys help people who have suffered an injury on another party’s or person’s property. Under California law, a property owner or occupier of land who is negligent in failing to keep the property in a reasonably safe condition may be liable for any injuries a person sustains on the property. The injured party may be able to file a personal injury lawsuit against the property owner for damages. Our attorneys help victims file these suits and get financial compensation for their losses.
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, injury victims can generally sue the individual or company who owns, leases, occupies, or controls the property upon which the victim was injured.
A skilled premises liability lawyer can help accident victims in a host of different ways in these cases. For example, an attorney can:
- help a victim receive immediate medical care,
- manage a victim’s 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 for all our clients and seek to get you the biggest settlement possible. Call today to get the legal representation you deserve.
A California property owner or occupier of land who is negligent in keeping the property in a reasonably safe condition may be liable for any injuries a person sustains on the property.
What are common causes of premises liability accidents?
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 sustained on the property. The injured party may then be able to file a personal injury lawsuit against the property owner for damages.
Common types of premises liability cases involve:
- slip and fall accidents,
- animal attacks,
- pool accidents,
- instances of negligent security (for example, negligent hotel security),
- amusement park accidents,
- falls in apartment complexes,
- escalator accidents,
- construction site accidents,
- accidents on walkways, and
- homeowner negligence.
A property owner’s negligence can undoubtedly lead to a serious injury. Common injuries in these cases include:
- traumatic brain injuries,
- spinal cord injuries,
- burns,
- broken bones,
- lacerations,
- neck and back injuries, and
- electric shocks.
Who are common defendants in premises liability cases?
In a premises liability cause of action in California, the potential defendant(s) may include a:
- homeowner,
- business owner,
- tenant or renter,
- a property management company,
- parent company,
- retail center,
- restaurant,
- 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 injury victims for:
- medical bills and medical expenses,
- lost wages,
- lost earning capacity,
- property damage, and
- pain and suffering.
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.
What is the role of a personal injury attorney in these cases?
A personal injury lawyer assists clients in several critical ways in premises liability cases.
A skilled attorney interviews accident victims to assess their medical needs and learn the facts of a case. An attorney can then help injury victims receive immediate medical attention and manage their ongoing medical care.
Lawyers can also assist by gathering evidence to help identify liable parties. They 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 behalf of their clients.
What are the benefits of a premises liability lawyer?
A premises liability lawyer helps clients receive the maximum compensation possible for their 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 a victim’s payout.
Further, a premises liability lawyer manages an accident case from the minute he/she accepts the case. Injury victims are then free to concentrate on their health and healing.
Note that almost all personal injury lawyers provide free initial consultations. This means a victim can get all of his/her legal questions answered without spending a dime.
Note, too, that the communications between a lawyer and his/her client are protected by the attorney-client relationship. A result is that a lawyer cannot disclose these communications without first getting a client’s consent.
For additional help…
Contact our law firm for a free consultation
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.
Legal References:
- California Civil Code Section 1714a. See also California Civil Jury Instructions (CACI) 1001 – Premises Liability.
- Alcaraz v. Vece (1997) 14 Cal.4th 1149.