San Francisco Premises Liability Attorney
Get the Compensation You DeserveA premises liability claim is a type of personal injury claim that involves a visitor getting injured on someone else’s property. Liability for a personal injury claim is based on negligence. If an individual, entity, or group was found guilty of committing negligence, which ultimately resulted in the victim’s injuries, then they will be held accountable for any damages. In order to win a premises liability case, the victim is required to provide convincing proof of the property owner’s negligence. This includes showing evidence of the following:
- The property owner owned, leased, or occupied the territory.
- The property owner did not follow California’s legal standard of care.
- The property owner knew or should have known about the unsafe conditions, but failed to take any reasonable actions to resolve the issue.
- The property owner did not warn any guests or visitors of potential hazards that were present on the premises.
- Your injuries.
- The property owner’s negligence was the main cause of your injuries.
Common Types of Premises Liability CasesA slip and fall accident is one of the most common types of premises liability cases occurring in California. Older people are often associated with slip and fall accidents. As they experience physical, sensory, and cognitive changes while growing older, it becomes more difficult for them to walk cautiously, which is why they are known for falling down quite often. They are also at a high risk of suffering serious injuries or death since their bones begin to weaken as they continue to age. According to the National Floor Safety Institute, falls contribute to 87 percent of bone fractures among those who are 65 years old and older. Children are also considered as a high risk group for a slip and fall accident. Due to a child’s curiosity, they will have the intention of exploring their surroundings without realizing that they are putting themselves in harm’s way. For example, a child is interested in walking up the stairs. There are no adults around to supervise the child. The child begins to rush upstairs, however, they trip on a step, fall down, and injure themself. Falls occurring in the workplace are also very common, especially in construction sites. In 2019, there were a total of 1,102 fatal construction accidents in the United States. About 37.9 percent of these deaths were caused by falls, slips, and trips. Lack of proper security protection is another factor that contributes to a premises liability case. Property owners are expected to have protection available on their premises, such as:
- Video Surveillance. Installing security cameras may help discourage robbers from breaking into the property. Furthermore, if an incident does occur where the property owner is accused of negligence, security cameras may be used as proof to determine whether the victim is telling the truth.
- Security Alarm Systems. This device is used to enforce building protection and safety. It can detect conditions, such as smoke, fire, poisoning, or water damage to alert those inside to evacuate.
- Electronic Access Control. Electronic access controls, such as key cards, are provided to employees and/or cleaning crews.The intention of having this is to reduce theft and prevent customers from entering areas that are only permitted to staff members.
- Security Guards. If the property owner has their premises located in a high crime area, they are expected to have security guards present. Security guards will watch, patrol, and monitor the property to ensure that no theft or violence takes place.
- The injured person was found trespassing on private property,
- The injured person provoked the dog, or
- The dog was performing work-related duties as a police dog.
What to Do After Being Injured on Someone Else’s PropertyBelow, we have created a list of tips a premises liability victim should follow in order to acquire recoverable compensation.
- Medical Treatment. If you were hurt on someone else’s property, or anywhere for that matter, your health must always be your first concern. You should visit a doctor to receive medical care. The doctor will examine your injury to determine a treatment plan that will help you with your recovery. Any visit that is related to your premises liability injury can be used as evidence that you did, in fact, get harmed while on someone else’s property.
- Gather Evidence. Make sure to take photos or video footage of your injuries, damages, what caused your injury, and where the incident took place. If any witnesses are nearby, you should ask for their consent to acquire their contact information. Witness testimonies will help strengthen your claim.
- Obtain an Incident Report. If your injury occurred in a public setting, such as a grocery store, then you should report it to the store manager. They will create an incident report and send it over to the corporate office. You may also request a copy of this report to use as evidence.
- Be Careful With What You Say. It’s perfectly normal to feel emotional after being hurt, however you should try not to speak at all about the accident with the property owner or landlord. Most importantly, do not blame anyone for the accident nor should you admit to liability.
- Reach Out to a San Francisco Premises Liability Attorney. Do not speak to your insurance company before you contact a premises liability attorney. The attorney will guide you through the do’s and don’ts of filing a claim.
West Coast Trial Lawyers Is Here to HelpIf you suffered an injury on someone else’s property due to their negligence, you may be eligible to file a premises liability lawsuit. At West Coast Trial Lawyers, our experienced San Francisco personal injury attorneys are available 24/7 to offer legal assistance. We will help you get the compensation you deserve for your losses. Please don’t hesitate to contact us today by calling (415) 326-8794 or emailing [email protected] to schedule a free consultation at our San Francisco personal injury law firm.
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