Sacramento Premises Liability Lawyer

Property owners are required to provide safe conditions for visitors to enter. Whether it is a slippery surface or poor lighting, these hazards should be detected and resolved to reduce the likelihood of an injury. Failing to fulfill such legal obligations can hold the property owner accountable for injuries and damages.

Affected victims are welcomed to reach out to West Coast Trial Lawyers for legal assistance. We are a law firm that specializes in personal injury law and with over 20 years of legal experience our team of attorneys are confident that they can get you the financial compensation you deserve. Our Sacramento premises liability lawyers will evaluate the situation and determine what reasonable steps should be implemented to ensure you receive the best outcome possible.

We have won over $1.6 billion in financial compensation for our clients and we will continue to do our due diligence to make sure they are properly represented in the California court system. In fact, if you have any questions or concerns regarding your case, feel free to contact our 24/7 legal team as they will be there every step of the way.

We run on a contingency-fee basis, meaning that you owe us nothing until we settle your lawsuit. To schedule a free consultation, you can reach out to us by calling (213) 927-3700 or filling out our convenient online contact form.

What Is Premises Liability?

Premises liability refers to a legal concept where a property owner is found responsible for injuries that take place on their territory. If a visitor sustains bodily damage due to hazardous property conditions, like uneven flooring or exposed electrical wiring, the property owner may be held accountable for failing to prevent foreseeable harm from occurring. Premises liability can happen in several locations, like a store, gas station, and even private homes.

Common Types of Premises Liability Claims

Premises liability claims cover various instances where dangerous property conditions contribute to serious or fatal injuries. Common causes often revolve around the factors listed below. 

Slip and Fall Accidents

A slip and fall accident is likely to occur when a property owner’s negligence contributes to a hazardous condition that can trigger someone to slip, trip, or fall. For instance, if a grocery store does not clean up a spilled liquid or does not place warning signs around the area, customers passing by can slip and get injured. In this case, victims can file a premises liability claim and sue for the store’s negligence.

Negligent Security

Negligent security cases happen when a property owner is liable for injuries and damages due to inadequate security measures. These cases often involve assault or robbery, and have taken place in:

• Apartment complexes
• Hotels
• Parking lots
• Public businesses

Dog Bites

Dog bite cases occur when the property owner’s negligence in maintaining or restraining their dog causes one or more injuries. In most states, like California, owners will be strictly liable for a dog bite regardless of whether they knew about the animal’s aggressive behavior. But, in some cases, exceptions may apply that could revoke the owner’s liability. This includes the following:

• The dog was acting in self-defense against a trespasser
• The dog was provoked to attack
• The dog was working under military or police forces

Swimming Pool Accidents

Swimming pool accidents can lead to premises liability cases when a property owner fails to maintain safe pool conditions and it results in injuries or drowning. Pool owners are required to keep the area safe, especially for children. Accidents may arise from problems like:

• Wet floors
• Inadequate fencing
• Defective pool equipment

Construction Site Negligence

Construction site negligence happens when site managers, contractors, or property owners do not commit to safety standards. Locations like this are known to have heavy machinery and falling objects. Anyone, including workers and pedestrians, can be at risk of injuries. Evidence in this type of case should include:

• Safety inspection reports
• Photos of the accident scene
• Witness statements

Elevator and Escalator Accidents

Elevator and escalator accidents stem from poor upkeep or repair. These issues can result in:

• Sudden stops
• Unexpected movements
• Entrapment

Either of these factors can contribute to falls or crushing injuries. It could even cost a person their life.

Who Is Responsible if Someone Gets Hurt on Your Property?

If someone gets hurt on your property, liability will vary depending on multiple factors. This includes the property condition and the relationship between all parties involved. Additionally, liability often revolves around whether you were reckless and if the injury was foreseeable.

Under California law, each side of a premises liability case will be evaluated to determine the amount of negligence contributed. If you are partially liable for the incident, you may still be entitled to compensation. But, it will be adjusted based on your percentage of fault.

Possible defendants in a premises liability claim include the following:

• Homeowners
• Business owners
• Tenants or renters
• Property management companies
• Contractors
• Manufacturers

How to Prove Negligence in a Premises Liability Case

To prove negligence in a premises liability case, you will need to incorporate four key elements:

• The defendant owed you a duty of care
• The defendant breached their duty of care
• The defendant’s actions directly caused your injury
• You incurred financial and emotional losses as a result of their reckless behavior

In addition to these, you should gather evidence, like witness statements and photos of the incident to strengthen your lawsuit. It would also be beneficial to consult with a Sacramento premises liability lawyer for further assistance. They will help guide you through the filing process and negotiate on your behalf to ensure you are given a reasonable settlement.

What Role Does the Insurance Company Play in Premises Liability Claims?

An insurance company plays an important role in premises liability cases. They will evaluate the claim and determine whether it falls within the policy’s coverage. This will require them to initiate an investigation by obtaining evidence and reviewing accident reports or medical records. If the claim has been deemed valid, the insurance company will negotiate a settlement offer to the affected party.

But, if the claim turns into a lawsuit, the insurance company usually provides a premises liability attorney for the property owner. Should a settlement be made, the insurance company will cover the damages up to the policy’s limit.

What Is the Statute of Limitations for Premises Liability?

Premises liability cases must be filed within two years from the date of when the incident occurred. As such, it is important to collect substantial evidence and find the right attorney for the job as soon as possible. Failing to fulfill such tasks prior to the deadline will cause setbacks, putting you at risk of losing your opportunity to seek compensation.

What Damages Can I Recover in a Premises Liability Claim?

Recoverable damages in a premises liability claim will depend on what factors are involved. The court will consider the following circumstances when determining the value of the settlement:

• The severity of your injury
• Current and future medical expenses
• Lost wages and earning capacity
• Degree of fault

To know what you could be entitled to, you can use our personal injury settlement calculator to estimate potential compensation by entering what expenses you sustained from the premises liability accident.

Generally, economic damages and non-economic damages are awarded in such a case. However, under rare occasions, punitive damages could also be given.

Economic damages are financial costs you incurred as a result of the injury, including hospital fees and lost income. Non-economic damages, on the other hand, are intangible losses, such as:

• Emotional distress
• Loss of enjoyment of life
• Pain and suffering

Punitive damages are made to punish the wrongdoer for exhibiting egregious behavior and to prevent similar conduct from happening again in the future. It is given in about 5 percent of verdicts. To prove punitive damages, you will need to gather evidence that shows how the defendant was malicious, fraudulent, or recklessly indifferent to your safety.

Our Sacramento Premises Liability Lawyers Are Here to Help

If you were injured while on someone else’s property, you may be given the right to sue to secure compensation. At West Coast Trial Lawyers, we will handle any challenging tasks that may be presented while you focus on your recovery. We are a personal injury law firm with over 20 years of legal experience and our team of premises liability lawyers handle every case with the utmost care and respect that it deserves. 

With over $1.6 billion in financial compensation won for our clients, we aim to do our due diligence to give you the best legal representation possible. As a result of our dedication, our attorneys are confident that they can get you the maximum compensation for your case. Should you have any questions regarding your case, our team is available 24/7 and will be there every step of the way.

To schedule a free consultation with one of our expert Sacramento premises liability attorneys, you can connect with our 24/7 legal team by calling (213) 927-3700 or completing our quick online contact form.