If you have been injured on property owned by another person or entity, you may have the right to seek compensation. Premises liability laws have been established to hold property owners accountable for hazardous conditions that lead to injuries, whether it is a slip and fall accident at the Inland Center Mall or tripping over uneven sidewalks while strolling around in downtown San Bernardino.
At West Coast Trial Lawyers, our premises liability attorneys are dedicated to seeking justice for personal injury victims. We provide no obligation consultations to review your situation, go over your legal options, and discuss what approach to take to get you the best possible outcome. With our professional legal assistance, you can focus on recovering with a peace of mind while we work to defend your rights and pursue the compensation you deserve.
To get started on your premises liability case, you can get in touch with us by calling (213) 927-3700 or filling out our convenient online contact form.
What Is Premises Liability?
Premises liability refers to a legal principle that holds property owners accountable when someone gets injured due to an unsafe premises. In California, this will apply to residential, commercial, and public properties. Such cases are usually reported when a person is lawfully on the territory and suffers physical harm as a result of the owner’s negligence. This includes failing to make repairs in a prompt manner or provide warnings about dangerous conditions.
What Is an Example of a Premises Liability Case?
Premises liability cases happen when injuries occur because of poorly maintained conditions on someone else’s property. Let’s take a look at some examples of factors that can lead to such legal claims.
Slip and Fall Accidents
Slip and fall accidents happen when someone slips, trips, or falls as a result of unsafe property conditions, including:
- Wet floors
- Spilled liquids
- Loose rugs
Property owners must ensure hazards are removed or are warned about to others to avoid injuries. Failing to fulfill this legal obligation may influence premises liability claims to be filed by affected victims. Common injuries that may occur in such cases include sprains, bone fractures, brain injuries, and spinal cord injuries.
Poor Lighting
Inadequate lighting can create dangerous situations, especially if a person is in a hallway or using the stairs. Not only will this issue raise the probability of slips, trips, or falls, but it can even contribute to criminal assaults. Property owners have a duty under California law to provide enough lighting for safe access and navigation. Such claims often rely on evidence that demonstrates how there was no attempt to maintain or replace lights, or that the hazard was previously reported and no immediate action was taken to resolve the problem.
Dog Bites
Under California Civil Code § 3342, dog owners are strictly liable for bites, regardless of the animal’s behavior prior to the incident, as long as the victim was on public property or lawfully occupying a private space. These cases can fall under premises liability if the attack happened due to negligent restraint, improper fencing, or failure to warn visitors about the aggressive or dangerous pet. Dog bite victims may be eligible to recover medical expenses, lost wages, emotional trauma, and pain and suffering.
Negligent Security
Negligent security happens when property owners do not take reasonable measures to protect visitors from foreseeable harm. Some examples include inadequate surveillance cameras in office buildings in downtown San Bernardino or dim lit parking lots at shopping centers, like the Inland Center Mall. California courts will consider whether the crime was foreseeable and if the property owner could have reasonably prevented it. Such claims often take place in apartment complexes, retail stores, and hotels. Physical assaults and robberies have also been noted.
What Should I Do After a Premises Liability Accident?
After a premises liability accident, you should consider taking the following steps to protect your health and legal rights:
- Seek immediate medical attention: You should get checked by a medical professional. Some injuries, including concussions and internal bleeding, may not be immediately apparent. After your condition has been diagnosed, you may be presented with a medical treatment plan to help with your recovery process. Your health records will serve as key evidence if you are planning on pursuing compensation for the losses you incurred.
- Report the incident to the property owner: Notify the property owner or manager about the accident. Make note of the date and time of when the incident first happened and keep that record for your claim’s evidence.
- Gather evidence: Photograph or video the hazard responsible for your injuries, showing the condition of the area and any present or missing warnings. Obtain the names and contact numbers of anyone who witnessed it.
- Speak to a San Bernardino premises liability lawyer: Speak to a San Bernardino premises liability lawyer: A premises liability attorney can navigate you through the legal process. They can acquire crucial evidence, negotiate with the insurance company, and help you pursue compensation for medical expenses, lost wages, pain and suffering, and other damages.
What Evidence Is Crucial in a Premises Liability Case?
To prove a property owner’s negligence, you will need to obtain evidence relating to the event. Photos or videos of the obstacles presented, like wet floors or poor lighting, can help demonstrate the types of obstacles within the premises. An incident report can also be used to show what happened and to confirm the property owner’s awareness of the situation.
Witness statements from people who saw the incident can further support your premises liability claim by establishing how the injury happened. Medical records and bills are another crucial factor that can prove the extent of bodily harm you incurred and how it is linked to the accident. You should also try to include the following:
- Maintenance logs
- Cleaning schedules
- Prior complaints
Detailed personal notes about the accident, along with pain and suffering and lost income following the event can help strengthen your case against the opposing side.
What Are the 4 Elements Required to Prove Negligence?
The four elements required to prove negligence include the following:
- The defendant owed you a duty of care
- The defendant breached that duty
- The breach directly caused your injury
- You sustained actual losses, such as medical bills, lost income, or pain and suffering
It is also important to note that California follows pure comparative negligence law. This means that if the injured victim is partially responsible for the incident, their compensation will be reduced based on their percentage of fault. For instance, if the property owner is 80% liable and you are 20% liable, damages awarded will be reduced by 20%.
Can You Be Sued if Someone Dies on Your Property?
A property owner can be sued if someone dies on their premises. Wrongful death lawsuits in California are governed by CCP § 377.60, which allows surviving family members or heirs to file a lawsuit if the incident was caused by someone else’s negligence. In a premises liability context, the plaintiff will also rely on CIV § 1714(a), which establishes a property owner’s duty of care to ensure a hazard-free space is presented to prevent foreseeable harm to those who lawfully occupy the area.
If a death occurs as a result of unsafe property conditions, the owner may be held liable. Compensation for such cases include the following:
- Funeral and burial expenses
- Loss of financial support
- Emotional trauma
How Long Do I Have to File a Premises Liability Claim?
You will be given two years from the date of the premises liability accident to file a claim. If the case involves government-owned property, the statute of limitations will be shorter. Under Gov. Code § 945.6, you will have six months from the date of the injury to submit an administrative claim with the respective government agency. If it gets ignored, you will be given two years to file a lawsuit in court. Missing these deadlines will cause you to lose your opportunity to obtain compensation.
How Much Can You Get for a Premises Liability Claim?
The worth of your premises liability claim will depend on the extent of bodily harm you suffered and the percentage of fault assigned to all parties involved. It will also consider current and future medical costs and lost wages and earning capacity. You can use our personal injury settlement calculator to learn what you could be entitled to based on the losses you suffered due to the incident.
Usually, compensation will include economic damages, like medical expenses or rehabilitation costs, and non-economic damages, such as emotional distress and pain and suffering.
Injured While on Someone Else’s Property? Contact WCTL for a FREE Consultation
If you were harmed, whether it be minor or severe injuries, due to unsafe conditions while lawfully on someone else’s property, you may be entitled to seek compensation. At West Coast Trial Lawyers, we handle a wide range of premises liability cases, including slip and fall accidents, dog bites, swimming pool-related injuries, negligent security claims, and poor lighting incidents. Our team of excellent lawyers can investigate the situation, gather evidence, and work directly with the insurance companies to get you a fair settlement.
To book a FREE consultation with one of our San Bernardino personal injury lawyers, you can reach out to us by calling (213) 927-3700 or completing our easy online contact form.
