Free Consultations / No Fees Until We Win  (213) 927-3700

Ranked #1

Personal Injury Firm in Los Angeles

Ranked #1

Personal Injury Firm in Los Angeles

Basic Bakersfield Premises Liability


More than one million emergency room visits are caused by slip and fall accidents every year. California law mandates that all property owners (private or government) must keep their premises safe from foreseeable hazards. If property owners do not maintain safe conditions on their property and someone is injured as a result of their negligence, they may be held liable for a victim’s damages.

A property owner’s failure to fix a foreseeable hazard which causes a preventable injury is an act of negligence. All property owners in the city of Bakersfield have a legal responsibility to ensure that their premises are kept safe. Thousands of people are injured every year after slipping and falling as a result of hazardous conditions. Slip and falls are not the only kind of accidents covered under premises liability, but they are one of the most common. Many slip and fall accidents only cause minor injuries, but some incidents can cause serious complications.

In 2018, a Kern County jury awarded $16.2 million to William Kidd after he suffered a slip and fall accident at an El Pollo Loco restaurant in Bakersfield. Kidd’s injury was caused by negligence on behalf of restaurant management. Instead of devoting more time to properly clean the grills, workers began cleaning almost two hours before closing. This is dangerous because slippery grease can easily be tracked into the dining area and create hazardous conditions for customers.  

A cook who was still wearing the wet work boots he had used to clean the grills unintentionally tracked grease into the dining area. Kidd then came out of the bathroom and slipped on a large patch of grease left behind by the cook, slamming his head on the ground, and seriously injuring his knee. Kidd suffered a brain bleed as a result of his slip and fall accident and underwent brain surgery. He must now deal with permanent brain damage and an increased likelihood of developing dementia later in life.

Common Causes For Premises Liability Cases

Premises liability goes far beyond slip and fall accidents like the one suffered by William Kidd in Bakersfield. Victims of a property owner’s negligence may also receive compensation for injuries caused by:

  • Swimming Pools.
  • Falling Objects.
  • Accidents at carnivals and theme parks.
  • Assaults caused by an owner’s failure to provide adequate security.

Premises liability cases can often be caused by:

  • Poor Construction.
  • Defective electrical wiring.
  • Snow or water on walkways.
  • Shoddy materials.
  • Building code violations.
  • Missing or defective floor mats.
  • Defective escalators and elevators.

Liability In A Premises Liability Case

All property owners, regardless of whether they own a restaurant or a theme park, are required to protect their guests from injury while lawfully on their property. Basic safety requirements include providing adequate security, proper lighting, and regular maintenance. But safety requirements will depend on the specific needs of a given property.

A duty of care does not mean that a property owner is responsible for every injury risk imaginable. A property owner’s duty of care applies to dangers that are reasonably foreseeable. For example, if a maintenance worker leaves a bucket of paint in the middle of a grocery store aisle and someone falls because of it, that’s a foreseeable hazard.

Premises liability cases are all unique, but in order to successfully pursue a premises liability claim, an experienced Bakersfield premises liability lawyer must:

  1. Prove a property owner owed the victim a duty of care. All public and private entities owe all invitees on their property a duty of care.
  2. Prove a hazardous condition existed on the property. There must be a risk factor the property owner knew or should have known about.
  3. Prove a hazardous condition caused the victim’s injuries. It needs to be proven that a dangerous condition directly caused an injury.

When assessing your specific case, your Bakersfield premises liability lawyer will want to know:

  • Was the incident videotaped? Most commercial and public entities have video surveillance, which is the most effective method of proving liability.   
  • How long did the hazardous condition exist before the accident took place?
  • What kind of maintenance and inspection does the property owner carry out? What evidence can the property owner produce to backup these claims?
  • If you tripped over an object, was there a reason for that object to be there? Was it in plain sight? Was there a warning given to warn you about the hazard?

Negligent Security Cases

According to a legal principle called negligent security, violent crime victims can be covered by premises liability law. Because owners have a duty to maintain safety on their premises, this also includes taking reasonable measures against the foreseeable hazard of violent crime.

In these cases, all property owners must provide security, adequate lighting, locks, and other necessary safety measures if their property is located in a high crime area. If a property owner fails to fulfill these duties, a crime victim may hold a property owner responsible for any damages sustained as a result of property owner’s negligence.

Contact us to find out how we can help

If you have sustained injuries in the Bakersfield area as a result of a premises liability accident, an attorney at our firm can help you recover financial compensation for the losses you have suffered, including medical bills, property damage, lost wages, and pain and suffering. Call us today at (661) 347-3610 or email info@westcoasttriallawyers.com to schedule a free consultation with our experienced, caring, and compassionate legal team.



Return to Top
Call| Text | Chat
Text Us Call Us