Fresno Premises Liability Lawyer

Property owners have a legal duty to ensure their premises are kept safe from reasonably foreseeable hazards. Injuries that are caused by negligent property management can subject a property owner to responsibility for any losses caused. Whether you were injured due to inadequate maintenance or inadequate building security, California law allows the injured party to file a claim and recover compensation for their injuries.

At West Coast Trial Lawyers, our Fresno premises liability attorneys have over 20 years of legal experience and they are committed to provide expert legal representation tailored to your specific needs. As a result of our hard work and dedication, our legal team has recovered over $1.7 billion in financial compensation to our clients and they will continue to do their duty to fight for their clients rights.

To schedule a free, no-obligation consultation at our Fresno personal injury law firm, please contact our 24/7 legal team by calling (213) 927-3700 or by completing our quick online contact form.

What Is Premises Liability

A premises liability claim is when a person was injured on another person’s property due to their negligence/recklessness and is filing a claim to recover compensation for their damages/injuries. According to the state’s premises liability law, or more specifically California Civil Code 1714(a), the injured party must have proof that the injury was caused by the defendant’s negligence or recklessness and that the owner had a duty of care to reasonably maintain their premises in order to file a premises liability claim.

Due to the nature of premises liability claims, any injuries on a property where a person was owed a duty of care can potentially file a claim if these requirements were met. However, according to premises liability law, the suffered injuries must have been derived from foreseeable conditions that could have been prevented if the owner did their due diligence.

Common Premises Liability Cases

When it comes to the most common premises liability claims, there are a variety of situations that can occur, however, from what is commonly seen in Fresno, slip and fall, negligent security, dog bites, and swimming pool accidents are the most apparent. With that in mind, it is important to familiarize oneself with each situation to have a better understanding of the situation should it ever happen to you.

Slip and Fall Accidents

Slip and fall accidents are one of the most common types of premises liability claims due to the fact that they can occur in various locations, including your home, a grocery store, nursing homes, and even the workplace. Some of the most common hazards that have contributed to premises liability cases include wet surfaces, damaged steps, and visible cords. Additionally, slip and fall accidents may prove to be difficult to prove and should it happen it is recommended to consult with an experienced Fresno premises liability lawyer.

Negligent Security

A negligent security claim is when a person suffers an injury due to inadequate security measures. If the location of the injury was in an area with a high rate of crime, the property owners generally owe a duty of care to ensure that those who visit their property are safe from crime. However, if someone suffers an injury and the property owner knew about the high crime rate, then according to premises liability law they can be held liable to damages.

Swimming Pool Accidents

It is heavily encouraged for owners of a swimming pool to barricade the area with fences and warning signs to prevent trespassers, particularly children, from entering the premises. There have been cases of a child entering a neighbor’s property, without their knowledge, and drowning in their swimming pool. If there are no visible warning signs to notify people about a potential hazard then the property owner of the pool can be held liable for allowing a dangerous condition and according to premises liability law, they can be held accountable for medical bills and other calculable costs.

Dog Bite

Although California Civil Code section 3342 enforces strict liability on dog owners over bite-related cases, this can also fall under premises liability should the attack happen on a person’s property. In fact, the victim can be permitted to file a personal injury claim if the dog bite took place while they were lawfully on private property or on public property. An exemption can be made if:

• The injured individual was a trespassing on private property
• The dog was protecting its owner in accordance with California’s self-defense laws
• The dog was working with police or the military
• The dog was provoked

Common Fresno Premises Liability Injuries 

Under the worst conditions, premises liability accidents can produce an endless amount of injuries. However, it is important to keep in mind that the type of injury you are diagnosed with will not necessarily determine whether you have the right to compensation for your injuries. 

Rather, an experienced Fresno premises liability attorney will be able to explain to opposing counsel and insurance companies that your injuries have had a significant impact on your life. So if you have sustained any of the following injuries after being involved in a premises liability case, it is important to consult with a lawyer to have a better understanding of your situation.

• Spinal cord injuries
• Traumatic brain injuries
• Broken bones
• Burns Injuries
• Conclusions and abrasions
• Internal injuries
• Paralysis
• Loss of limbs

How to Determine Negligence in a Premises Liability Case

According to California Civil Code 1714(a), any person who owns or controls the property may be found negligent if they do not implement reasonable care or maintenance to the property. In order to file a premises liability claim, the premises liability victims are required to show proof that they were hurt due to the property owner’s negligence. They are required to show the following elements.

1. Defendant leased, owned, occupied, or was in control of the property where the incident took place
2. Defendant acted negligently regarding the use or maintenance of that property
3. Plaintiff suffered injuries
4. Defendant’s negligence was the primary reason for a plaintiff’s injuries

Property owners are required to provide a duty of care to guests by maintaining their premises in reasonably safe conditions. A duty of care for a property owner means that they are expected to take the same action that another reasonable property owner should take or should have taken under similar circumstances.

Who Can Be Found At-Fault for a Premises Liability Accident?

If you were hurt while on someone else’s property, you may be entitled to file a premises liability claim against them. It is a common misconception that property owners or managers make themselves immune to liability by delegating the task of property maintenance to a third party. No matter what kind of injury occurs on someone else’s property, if the property owner fails to provide a safe environment they can be found at-fault, even if they hire someone else who is later found guilty of negligence.

If a hazard contributed to the cause of your injuries, the property owner can be held accountable for any injuries or damages you sustained. According to respondeat superior laws, the principal will always be held liable for the negligence of one of their agents.

The defendant(s) in a premises liability lawsuit may include:

• Homeowners
• Business owners
• Tenants or renters
• The property management company
• Restaurants
• Retail centers
• Stores

Should you ever wonder if you have a claim and need help to establish liability, it is recommended to consult with a Fresno premises liability lawyer to get a better understanding of your rights and what you can potentially recover.

Available Damages in a Premises Liability Case

Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any monetary losses or injuries sustained as a result of someone’s negligence. While every case will vary based on the nature and severity of the incident, damages can be typically categorized as economic, non-economic, and punitive.

Economic Damages

Economic damages are intended to compensate a plaintiff for calculable losses that a dollar amount can readily be attached to. It is calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries. For example, loss of earning capacity, medical expenses, property damages, and lost wages are all calculable financial losses that can be recovered in a premises liability claim.

Non-Economic Damages

Non-economic damages are intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. Due to the subjective nature of non-economic losses, there is no set amount and the extent will vary depending on the severity and impact it has on the accident victim. For instance, emotional distress, pain and suffering, and loss of enjoyment of life are all common non-economic damages.

Punitive Damages

The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as a form of punishment to the responsible party and are only awarded when a defendant’s behavior is especially harmful and reckless. It is relatively rare and, in fact, was only incorporated in 5 percent of all verdicts. Furthermore, there is no real set standard for calculating and awarding punitive damages and are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.

West Coast Trial Lawyers Is Here to Help

If you were a victim of a premises liability incident, you may be eligible to file a claim against the property owner at-fault for their negligence. As premises liability claims can be a confusing and complex process, it is important to have sound legal representation by your side to ensure you recover fair compensation and justice. A Fresno premises liability attorney at West Coast Trial Lawyers can help strengthen your claim and get you the compensation you deserve for your losses.

We are a personal injury law firm with over 20 years of experience and as a result of our hard work and dedication, our firm has recovered over $1.7 billion in financial compensation for our deserving clients. Whether you were injured due to a negligent property owner or due to inadequate security measures, our team of attorneys will do their duty and watch out for your best interests.

We run on a contingency-fee basis, meaning that you pay no fees until you win. To schedule a FREE consultation today, we welcome you to reach out to our 24/7 legal team by calling us at (213) 927-3700 or by completing our easy online contact form.