San Francisco Premises Liability Lawyer

Getting injured on someone’s property is always a sudden and unfortunate experience, however, to many people’s surprise, it is also a legally complex issue of liability. Whether you are visiting a place of business or renting a place to call home, property and business owners have a duty to ensure your safety from any hazards that may occur. Should they fail in their duty to provide adequate safety measures, they could potentially be held legally responsible for any serious injuries that have occurred.

If you or a loved one were injured on someone’s property due to their negligence or recklessness, you may be eligible to recover compensation for your injuries. At West Coast Trial Lawyers, our team of personal injury lawyers are ready to serve as your personal legal representative and fight for you. We are a law firm with over 20 years of legal experience and as a result of our dedication, we have recovered over $1.6 billion in financial compensation to our deserving clients.

No matter what kind of accident you have been involved in, we will do our sworn duty to represent our clients best interests at heart. As premises liability laws can be confusing to understand throughout a case, should you have any questions or concerns about your case, our 24/7 legal team is available to answer them in great detail.

We run on a contingency-fee basis, meaning you pay no fees until you win. To schedule a FREE consultation, you can get in touch with us by calling us at (213) 927-3700 or by filling out our quick online contact form.

What Is Premises Liability?

Premises liability is a legal concept that holds property owners accountable for any injuries that could have been prevented if the owner was more attentive in making the property safer. According to 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 has a duty of care to reasonably maintain their premises in order to file a premises liability claim.

Who Is Eligible to File a Premises Liability Lawsuit?

Anyone can file a premise liability case to a property owner, however, according to the law, these visitors must be people who were allowed onto the property for mutual benefit. For example, people who go to a restaurant, people staying at a hotel or renting a room, and people attending concerts can all file a premises liability case if they have suffered an injury due to the negligence/recklessness of the property owner.

In fact, the only people who are not eligible to file a claim and pursue compensation are trespassers because they have entered someone else’s property without permission. As such, property owners do not have the obligation to provide a duty of care to them.

Common Causes of Premises Liability Injuries

Generally speaking, a premises liability claim can arise in a number of situations, however, from what is commonly seen in San Francisco tends to be inadequate security, negligent maintenance, and attractive nuisances. As each cause entails a unique set of challenges that provide some issues for the victim, it is recommended to familiarize yourself between each type in order to get a better grasp of what a liability case may entail.

Inadequate Maintenance

Inadequate maintenance claims are when a property owner fails to maintain the safety and general operational standards of a building and those visiting or living in the property have become injured as a result. For example, broken stairs, malfunctioning elevators and escalators, uneven floors, bad electrical wiring, and malfunctioning amenities are some of the most common negligent maintenance claims in San Francisco. Due to the nature of these accidents, victims are recommended to heavily document these issues and provide evidence that there have been multiple attempts to inform the property owner about these issues and they have been negligent and/or reckless in their duty to fix them.

Negligent Security

Negligent security claims is when a person becomes injured due to the implementation of inadequate security measures. This means if a property owner has hired negligent security personnel or designed their property in a way that incentives crime then they will become liable for any injuries that occur.

According to a research brief from the Department of Justice, it outlines a complex premises liability case where a convenience store owner was sued for creating a store layout that incentivizes criminals to commit robberies. While the case was settled out of court, it has created a legal precedent for anyone who is placed in a similar scenario.

Attractive Nuisances

An attractive nuisance is an object or landmark that is interesting enough to attract the attention of teens and children and can pose a threat to their safety. Man made structures and natural landmarks such as swimming pools, lakes, caves, and art structures are all common instances that can attract children’s attention and force them to wander onto a person’s property.

San Francisco and to a further extent California does not have an attractive nuisance doctrine that can hold land owners accountable for any injuries children have sustained for these attractive nuisances. However, the state does enforce a general duty to prevent those from entering their property by installing preventive measures such as signs and fences and any failure can result in property owners being held liable for any injury claim that arise.

Types of Compensation Available in California Premises Liability Cases

In many premises liability claims, accident victims have a right to pursue for economic and non-economic damages in order to recover any accumulated costs that may have arisen due to the accident in question. Understanding what each damage entails can give accident victims a realistic expectation of what kind of losses they can recover. If you would like to find out how much compensation you can earn for your case, you can input your information in our personal injury settlement calculator.

Economic

Economic damages are referred to calculable financial losses that have accrued due to the accident in question. For example, lost wages, medical expenses, property damage, physical therapy, and quality of life adjustments are all unexpected costs that can arise should a person become injured on someone else’s property.

Non-Economic

Non-economic damages are defined as incalculable losses that are subjective by nature and difficult to place a definitive dollar value on. For example, emotional distress, pain and suffering, and loss of consortium are subjective by nature and their impact will vary from person-to-person. Depending on the severity of the damages, the sum will also vary but it is recommended to meet with experienced attorneys and discuss it in full detail.

What Is the Time Limit for Filing a Premises Liability Claim?

According to section 335.1 of California’s legislation, all premises liability claims have a time limit of two years from the incident date. Should a victim wait to file a claim, they risk running into the statute of limitations and they would not be able to pursue any compensation for their injuries. The only exception to this rule is unless the plaintiff is a minor, living out of state, in the military, in jail, or is legally insane.

The Benefits of Hiring a San Francisco Premises Liability Lawyer

Hiring a San Francisco premises liability lawyer can produce a number of benefits for those who are looking to file a claim. As premises liability attorneys are well versed in personal injury law, they understand the legal process and can help speed up the process by filing all of the correct paperwork at a timely manner.

In addition, they can also give you legal advice, negotiate with opposing counsel and insurance adjusters on your behalf, and explain the best course of action for your case. While it is possible to file a claim on your own, however, if you do not have a strong understanding of the legal process, it is recommended to hire an attorney, because those who hire an attorney will definitely have a better chance of recovering compensation for their losses than those who file a claim without an attorney.

West Coast Trial Lawyers is Here to Help

If you or a loved one have sustained injuries in San Francisco as a result of a premises liability accident, you may be eligible for financial compensation for your losses. At West Coast Trial Lawyers, our team of premises liability lawyers are ready to take on your case and serve as your personal representative.

As a personal injury law firm with over 20 years of legal experience, our compassionate team of attorneys handle every case with care and professionalism and they are confident that they can get you the maximum compensation you deserve for your losses. Due to our commitment to helping people, we have recovered over $1.6 billion in financial compensation for our deserving clients.

While every premises liability case is different, we will continue to do our duty to represent our clients best interests at heart. Should you have any questions about your case, our legal team will be there every step of the way just to address any question or concern.

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.