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When you visit someone else's property, whether it's a store, restaurant, or someone's home, you have the right to expect a safe environment. Unfortunately, property owners don't always uphold their duty to maintain safe premises, leading to serious accidents and injuries.
Our experienced premises liability attorneys have a proven track record of holding negligent property owners accountable and securing fair compensation for our clients. We understand the nuances of premises liability law in California and are dedicated to advocating for your rights every step of the way. Contact us today for a free consultation.
Our premises liability lawyers work tirelessly to fight for fair compensation for your injuries resulting from a premises liability accident. We understand the toll these accidents can take on victims and their families. Here are some of the damages we may pursue on your behalf:
Our Roseville premises liability attorneys have years of experience handling cases where property owners have failed to keep the property safe for visitors. We have a proven record of holding the negligent parties accountable and getting our clients fair compensation. Here are some of the types of premises liability cases we handle:
Slips and falls can happen due to wet floors, uneven sidewalks, or poorly maintained staircases. These can result in serious injuries such as back injuries, head trauma, or spinal cord injuries.
Property owners have to maintain reasonable security measures to prevent foreseeable criminal acts. If you've been a victim of a crime due to negligent security in a parking lot, apartment complex, or business establishment, you may have a claim.
Dangerous property conditions such as loose handrails, crumbling steps, or poorly lit walkways can cause serious accidents.
Pool owners, whether private or public, have a responsibility to keep their pools safe. This includes proper fencing, signs, and supervision.
In California, a dog owner can be held strictly liable when their dog bites someone who is in a public place or lawfully on private property, even if the dog had never shown aggression before. If a dog has bitten you, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering.
Malfunctioning elevators and escalators can cause serious injuries. Property owners and maintenance companies must inspect and maintain these machines regularly.
Negligence is key in a personal injury claim involving premises liability. It requires the duty of care, breach of the duty of care, and causation.
An owner or operator of a property is any individual or business entity that could be held liable in a premises liability case. This includes anyone who may own or retain control over a property.
For instance, if a store owner leases their store from a landlord, the store owner has control over the store's premises. If an injury occurs on the premises due to a dangerous situation that the owner knew about, a valid premises liability claim could be brought against the store owner because they have control over the property, even if they do not own it.
A potentially harmful or dangerous situation that results in injury to a visitor to their property is considered negligence, provided that it could have been reasonably avoided.
It's often unclear what “reasonable care” means when deciding who is responsible for safety. How much effort does an owner or operator need to put into inspecting their property to avoid being blamed for not warning visitors about dangers? Should they fix every possible hazard, or do visitors also need to take reasonable steps to avoid harm?
California law doesn't provide a clear standard for judging whether an owner/operator's actions are reasonable. These issues are mostly subjective, so working with an experienced Roseville premises liability lawyer is important to understand the specific factors in your case.
Once the owner/operator has been identified and the duty of care has been established, the injured party must show that the owner/operator breached that duty. In essence, the question is proving whether the owner/operator dealt with a dangerous condition negligently.
While an owner/operator may intend to repair a potentially dangerous situation on their property, if they do so negligently, under premises liability law, they may still be held responsible for the visitor's injuries.
To prove causation, the owner/operator's negligence must have been the primary cause of the injuries the visitor sustained. For instance, if a danger would have been obvious to a reasonable person, that can weaken a claim, since an owner may not need to warn about hazards that are plain to see. Even then, an owner may still be responsible if it was foreseeable that someone could be hurt despite the obvious risk.
California law supports comparative fault, which means that even if the owner/operator is at fault, the victim may also be partially at fault. So, the fault of each party is determined by the court and is represented as a percentage of the total fault. If the victim was partially at fault for their injuries, their damages would be reduced by the percentage of their fault, as determined by the court.
The owner/operator cannot be held responsible for a third party's role in an injury on the owner/operator's premises. In California, though, the owner/operator is responsible for failing to reasonably control any negative third-party behavior that can be expected, given their knowledge of the history of the location and nature of the premises.
For instance, if the owner/operator's premises are within a known high-crime area, they can take certain measures to secure the safety of their visitors. Failure to do so may constitute negligence under premises liability laws.
If you've been injured due to a property owner's negligence in Roseville or the surrounding areas, don't wait to seek legal help. We offer free, no-obligation consultations to discuss your case.
Remember, time is vital in premises liability cases. The sooner you reach out to us, the better we can defend your rights and build a strong case on your behalf.
We work on a contingency fee basis, which means you pay nothing upfront. We only get paid if we win your case. This helps you to get the legal representation you need without worrying about additional financial strain during this difficult time.
No, an injury on someone else's property does not by itself guarantee compensation. To recover, you generally have to show the property owner was negligent, meaning they knew or should have known about a hazard and failed to fix it or warn you about it. If the danger was open and obvious, or the owner took reasonable steps to keep the property safe, a claim may not succeed. This is why the specific facts of how and where you were hurt matter so much.
A property owner may still be held liable even if they claim they were unaware of the danger. California law looks at whether the owner reasonably should have known about it, sometimes called constructive knowledge. If a dangerous condition existed long enough that a reasonably careful owner would have found and corrected it, the owner may be responsible for the injuries that resulted.
Seek medical attention first, both for your health and to create a record connecting your injuries to the accident. If you're able, report the incident to the property owner or manager and ask for a written report, then document the scene with photos of the hazard and the names of any witnesses. Preserving this evidence early matters, because a property owner may repair or remove the hazard soon after your accident.
You may have two separate claims. If you were injured on the job, you can typically file a workers' compensation claim through your employer, and if the property belonged to someone other than your employer, you may also bring a premises liability claim against that property owner. A third-party claim like this can pursue losses that workers' compensation does not fully cover, such as pain and suffering. An attorney can help you sort out which claims apply to your situation.
It's usually best to be careful before giving the property owner's insurance company a statement. Adjusters are often trained to ask questions in ways that can reduce or deny your claim, and an early recorded statement may be used against you later. You also are not required to accept the first settlement offer, which may not reflect the full extent of your losses. Speaking with an attorney first can help you understand what your claim may be worth before you respond.
In most California premises liability cases, you have two years from the date of your injury to file a lawsuit under the state's statute of limitations. Because these deadlines are strict and evidence fades, it's wise to speak with a premises liability attorney soon after your injury.