Santa Ana Premises Liability Lawyer

Property owners are given the responsibility to provide a safe environment for visitors to enter. This requires them to monitor the premises on a frequent basis to detect and remove any potential hazards. Failing to fulfill such obligations will increase the likelihood of an injury, or even death. Those who have been harmed as a result of a property owner’s negligence are given the right to sue to recover damages.

At West Coast Trial Lawyers, our Santa Ana team has over 20 years of experience in handling premises liability claims and a proven track record of delivering client satisfaction. Due to our ongoing achievements, we are confident that we will tackle any legal issues associated with your case and get you full compensation for the losses you endured.

We have recovered over $1.6 billion in financial compensation for our clients and we will continue to do our duty to ensure that they are properly represented in court. As premises liability claims can be complex and confusing to those who do not have experience, our 24/7 legal team is available to answer any questions and concerns you may have regarding your case.

We run on a contingency-fee basis, meaning that you owe us nothing until we settle your case in your favor. To schedule a free consultation with an experienced premises liability lawyer, you can reach out to us by calling (213) 927-3700 or filling out our easy contact form.

California Premises Liability Laws

Under California premises liability law, an individual or entity that owns, leases, occupies, or controls property may be found negligent if they do not fulfill the following:

• Implement reasonable care to keep the property in good condition
• Find and resolve any hazards on the premises that may cause harm to others

If the property owner fails to carry out these requirements, they will be held liable for the result of their willful acts and for any injuries caused by their lack of ordinary care or skill in managing their property (CVC 1714(a)).

Common Types of Premises Liability Cases

Premises liability cases are filed when an individual is injured while on someone else’s property due to dangerous conditions. Below, we will go over each common type that has occurred in Santa Ana.

Slip and Falls

A slip and fall accident can be triggered by the following hazards:

• Wet floors
• Exposed cords
• Uneven flooring

It is important for the property owner to address these issues by removing it from the area or notifying visitors about it to prevent injuries.

Dog Bites

Dog owners are expected to properly control their pet to ensure it does not attack anyone who is near or on their premises. If the animal is dangerous or vicious, it is crucial for the owner to put up warning signs around the property or place the canine in a separate room when guests are over. Failing to incorporate such safety measures will result in dog bite-related injuries, which could ultimately lead to a lawsuit being made against the owner for negligence.

Poor Lighting

Poor lighting can obstruct a person’s vision, making it difficult for them to see any potential hazards nearby. For instance, an exposed cord triggers a visitor to trip and fall down. This could have been avoided had there been enough brightness in the room.

Swimming Pool Accidents

Property owners with swimming pools must take preventative approaches to protect visitors from getting harmed. This includes doing the following:

• Supervise the premises
• Address hazards
• Install proper fencing and signages

Neglecting these responsibilities can put people at risk of getting injured or even killed, especially if the visitor is a child. According to the Orange County Health Care Agency, drowning is the leading cause of death and disability for children who are 5 years old or younger. It is estimated that 60 children of this age group pass away each year due to swimming pool-related activities.

Inadequate Security

Property owners who do not implement safety protocols are putting guests at risk of getting harmed. Some factors that can create unsafe conditions include:

• Bad lighting
• Poorly hired or trained guards
• Lack of barriers surrounding the area
• Poorly designed layouts that incentivize crime

Determining Fault in a Premises Liability Lawsuit

To determine fault in a premises liability case, you will need to collect substantial evidence that will prove how:

• The defendant owed you a duty of care
• The defendant breached their duty of care
• The defendant’s reckless behavior caused you to suffer injuries and/or damages

You will then need to hire a personal injury law firm, like West Coast Trial Lawyers, and present your information to a Santa Ana premises liability lawyer. We will take a look at your documentation and determine who should be held liable for the injuries and/or damages you sustained. From there, we will create a strategic approach while keeping your goals and priorities in mind to ensure we meet your legal needs and get you maximum compensation.

How Long Do You Have to File a Premises Liability Claim in Santa Ana?

In Santa Ana, you are granted two years from the date of when your injury occurred to file a premises liability claim against the responsible party. Be sure to incorporate as much time as you can into gathering convincing evidence and finding the right legal expert to represent you. If you fail to meet the deadline, you will no longer be able to seek compensation against the opposing side and any attempt will be immediately dismissed in court. 

What Damages Can You Recover in a Premises Liability Case?

Recoverable damages in a premises liability case will vary depending on what factors are involved. The following elements will be considered when calculating a settlement:

• The extent of your injury
• Past and current medical expenses
• Lost earnings
• Comparative negligence

In most cases, economic damages and non-economic damages are granted to the accident victim, but in more severe circumstances, punitive damages may be given.

Economic Damages

Economic damages are tangible calculable costs you incurred due to the defendant’s negligence, such as:

• Medical bills
• Lost wages
• Property damage

Non-Economic Damages

Non-economic damages are subjective, non-monetary losses that will vary on a case by case basis, such as:

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

Punitive Damages

Punitive damages are added on top of compensatory damages as a way to punish the wrongdoer for their egregious behavior and to prevent others from committing similar actions in the future. This is granted in 5% of verdicts, making it very rare to be issued. In order to receive punitive damages, you will need to acquire evidence that proves how the defendant’s actions were malicious, fraudulent, or made with the intent to harm you.

Our Santa Ana Premises Liability Lawyers Are Here to Help

If a property owner failed to keep you safe while on their premises and you sustained an injury as a result, you may be entitled to sue them to recover compensation. At West Coast Trial Lawyers, our knowledgeable Santa Ana premises liability attorneys are readily available to offer assistance. We will assess the situation, determine liability, and argue aggressively with the opposing side to ensure you get a fair settlement.

With over $1.6 billion recovered for our deserving clients, our dedicated team of attorneys will continue to fight for their clients, making sure they are on the path to recovery. As personal injury cases can be a long and complex process, our 24/7 legal team is available to answer any questions or concerns you may have regarding your case.

To schedule a free consultation, you can get in touch with us by calling (213) 927-3700 or completing our quick online contact form.