
Fullerton Premises Liability Lawyer
Property owners are given a legal duty to ensure their premises are in safe condition before allowing visitors to enter. Failing to provide reasonable care can lead to injuries and damages. The extent of liability often relies on the injured party’s legal status on the property, whether they were classified as an invitee, licensee, or trespasser.
To succeed in a premises liability claim, affected victims will need to prove that the property owner knew or should have known about the hazards in the area, and that they failed to take safety measures to prevent harm.
Pursuing legal action in such a case will involve challenging obstacles. But, with the help of a personal injury law firm, like West Coast Trial Lawyers, you can undergo this process with ease. Our Fullerton premises liability lawyers have won over $1.7 billion in settlements on behalf of our clients, and have a proven track record of delivering satisfactory results. With our ongoing achievements, we are confident that we will meet or exceed your expectations.
We run on a contingency-fee basis, meaning that you owe us nothing unless we settle your case. To schedule a FREE consultation, you can reach out to our 24/7 legal team by calling (213) 927-3700 or filling out our convenient online contact form.
What Is Premises Liability?
Premises liability is a legal concept that holds property owners responsible for allowing hazardous conditions to harm a visitor who is lawfully on their territory. If the affected party was injured due to an unsafe environment or lack of warning, they may have the right to secure financial compensation.
Common Injuries in a Premises Liability Accident
In a premises liability accident, bodily harm may occur. This can range between minor to serious injuries depending on how intense the impact is. Some common issues that may appear after such an incident include:
- Broken bones
- Head injuries
- Spinal cord injuries
- Internal injuries
Who Can Be Held Liable in a Premises Liability Case?
In a premises liability case, many parties can be held accountable depending on the circumstances surrounding the injury and who was in control of the property during the time of the event. To identify the at fault party, you will need to prove the elements of negligence, which include the following:
- The defendant owed you a duty of care
- The defendant breached their duty of care
- The defendant’s recklessness was the primary cause of your injury
- You sustained losses, like medical bills or emotional distress, as a result
Under California’s pure comparative negligence law, all parties will be evaluated to determine percentage of fault. Even if you are found partially liable, you can still recover compensation. However, it will be adjusted based on the level of negligence you contributed.
So, if you are 10 percent accountable and the defendant is 90 percent accountable, your pay will be reduced by 10 percent. For instance, if total damages accumulated to $100,000, you will be awarded an estimate of $90,000.
To identify the liable party, you can get in touch with West Coast Trial Lawyers and have one of our Fullerton premises liability lawyers take a look at your case. From there, we will guide you through each stage of the legal process to ensure you are granted maximum compensation to cover the losses you incurred.
Potential defendants in a premises liability case may include the following:
- Property owners
- Tenants or renters
- Landlords
- Business owners
- Property managers
- Government entities
What Types of Cases Fall Under Premises Liability?
Premises liability cases cover various types of incidents where a person sustains bodily harm due to unsafe conditions presented on someone else’s territory. Let’s take a look at some common scenarios where property-related accidents may arise.
Slip and Fall Accident
Slip and fall cases happens when a person loses their balance after making contact with hazardous conditions, like:
- Slippery surfaces
- Uneven flooring
- Loose rugs
A property owner has a legal duty to ensure that everything is properly maintained to prevent this type of accident from occurring.
Negligent Security
Property owners should have a security system set in place to protect visitors from harm. This especially applies to the following areas:
- Parking lots
- Hotels
- Malls
- Apartment complexes
If negligent security, like poor lighting or damaged locks, results in an attack or robbery, the victim may be given the right to file a premises liability claim.
Dog Bites
Dog owners are given the legal responsibility to make sure that their canine companions do not attack others. If someone who is lawfully on public or private property is bitten, the owner will be held liable for the injuries caused by their pet.
Under strict liability law, a dog bite victim is not required to show that the animal has a history of biting people, or that the owner acted negligently. The only evidence that needs to be presented is:
- The dog bite injury
- The individual owned or was responsible for the dog
Time Limit to File a Premises Liability Claim
According to California law, you will be given two years from the date of when the injury occurred to submit a premises liability claim. You should get started with the filing process as soon as possible. Be sure to get as much convincing evidence as you can and hire the right Fullerton premises liability attorney to assist you.
If you do not complete these duties within a reasonable time period, you may face delays. This can put you at risk of exceeding the time limit, and if that does happen, you will lose your opportunity to secure compensation.
Available Damages in a Premises Liability Case
Available damages in a premises liability case will differ for each victim. The following factors are typically considered when determining what your settlement value will be:
- The extent of your injury
- Percentage of fault
- Current and future medical bills
- Lost wages and earning capacity
To learn what you could be entitled to, you can use our personal injury settlement calculator by inputting the losses you sustained as a result of the accident. Given the circumstances, you may be awarded economic damages and non-economic damages.
Economic Damages
Economic damages are financial costs that are easily measurable, like:
- Medical expenses
- Lost income
- Property damage
Non-Economic Damages
Non-economic damages are subjective, non-monetary losses, such as:
- Emotional distress
- Loss of enjoyment of life
- Pain and suffering
Schedule a FREE Consultation with West Coast Trial Lawyers Today
If you were injured while on someone else’s property due to their negligence, you may be given the right to sue to recover damages. At West Coast Trial Lawyers, our skilled Fullerton premises liability lawyers can offer the guidance and support you need to make sure you are granted full and fair compensation.
With over 20 years of experience, our dedicated team of attorneys have fought for people’s rights and, as a result of their hard work, they have recovered over $1.7 billion in financial compensation. No matter what kind of injury you have sustained, our 24/7 legal team will be there every step of the way.
To schedule a FREE initial consultation, you can connect with our 24/7 legal team by calling (213) 927-3700 or completing our easy online contact form.
