Valencia Premises Liability Lawyer

Property owners have a duty of care to make sure their land is safe for visitors to enter. If they fail to meet this obligation and there are a number of hazardous conditions presented, it could lead their visitors to suffer a range of injuries. In such a case, victims can sue the property owners to recover damages.

Going through such a lawsuit can be a difficult process to understand and manage on your own. However, if you seek professional help from one of our Valencia premises liability lawyers at West Coast Trial Lawyers, they will help simplify the legal process. With over 20 years of experience handling personal injury claims, we understand the challenges that may arise and will work tirelessly to ensure you receive a fair settlement.

As a result of our dedication, we have recovered over $1.6 billion in financial compensation for our clients and we will continue to do our duty to watch out for our clients best interests. Considering how premises liability claims can be a long and confusing process, let us handle your case while you can focus on recovering. Should you have any questions or concerns regarding your case, our 24/7 legal team will answer them and be there every step of the way.

Our team works under a contingency-fee basis, meaning that you owe us nothing unless we settle your case. To schedule a FREE initial consultation, you can connect with us by calling (213) 927-3700 or completing our convenient online contact form. 

What Is Premises Liability?

Premises liability is a legal concept where property owners are held responsible for injuries that happen on the premises due to negligence or dangerous conditions. This duty requires property owners to take preventative steps to make sure the area is safe for visitors to enter and to address any potential hazards that may be present. Some common causes of premises liability cases include incidents such as slip and fall accidents, dog bites, and injuries due to inadequate security. 

Are All Visitors Covered by Premises Liability?

All visitors are covered by premises liability law, but the level of duty of care will differ depending on their legal status. This can not only drastically liability, but the amount of responsibility a property owner may carry in a premise liability case.

Invitees

Invitees are people who are allowed on the property for mutual benefit. For example, a customer entering a store, attendees at a concert, and even a person staying at a hotel. They are given the highest level of care, meaning that property owners will need to inspect the area for hazards. If any are found, they must be removed or warned about in a timely manner.

Licensees

Licensees are people who visit for non-commercial purposes, such as:

• A guest at a party
• A friend visiting your home
• A neighbor borrowing utility tools

Property owners must provide moderate care, requiring them to address any known dangers that are on the premises.

Trespassers

Trespassers are individuals who enter someone else’s land without permission. Property owners have the least duty of care towards them, and are usually only required to avoid intentionally injuring one. For instance, if a property owner sets up a trap or uses excessive force against a trespasser, they could face legal repercussions for their actions.

However, under California self-defense laws, you can stand your ground without retreating. This applies if:

• You believe that you are in imminent danger of harm
• You believe that using force is necessary to protect yourself
• You use an amount of force that is proportional to the perceived threat

Now, when it comes to child trespassers, they are given special consideration under the attractive nuisance doctrine. Property owners must take protective measures to remove or hide hazards, like swimming pools or machinery, that could tempt such a visitor to access private property.

What to Do if You Are Injured on Someone Else’s Property

If you are injured on someone else’s territory, you should consider doing the steps sectioned below to protect your legal rights and hold the property owner accountable for the accident.

• Seek medical attention immediately after the accident. Even if your injury may seem minor, getting it checked will ensure whether you have hidden injuries that may require extensive care.
• Report the issue to the property owner or manager as soon as possible. Be sure to include details about the date, time, and location of where the incident occurred.
• Take photos of the scene and what hazard(s) caused your injury.
• Gather witness information.
• Request a copy of the incident report and your medical records to use as evidence in your premises liability claim.
• Speak directly to a Valencia personal injury lawyer. They will go over your case and guide you through the filing process.

How to Prove Liability

To prove liability, you will need to demonstrate how the property owner failed to provide a safe environment for you to enter, and that their negligence was the primary cause of your injury. Be sure to show the following elements:

• The property owner owed you a duty of care
• The property owner failed to uphold their duty of care
• The property owner’s negligence was the direct cause of your bodily harm
• You suffered damages as a result of the accident, like medical bills or emotional distress

Under California’s comparative negligence rule, all parties will be evaluated to determine percentage of fault. Even if you are partially liable for the accident, you can still recover damages. For example, if the property owner was 80 percent responsible and you were 20 percent responsible, your compensation will be reduced accordingly.

Time Limit to File a Premises Liability Claim

You will be given two years from the date of when the event occurred to file a premises liability claim. Try to acquire as much evidence as you can and find the right attorney to represent you. If you fail to fulfill these duties within a reasonable time frame, it will delay the legal process and if you manage to exceed the deadline, you will no longer be entitled to secure compensation.

Available Damages in Premises Liability Cases

Available damages in premises liability cases will vary depending on what unique factors are presented. Some of the following will be considered when determining the value of your settlement:

• The extent of your injury
• Percentage of fault
• Current and future medical bills
• Lost wages and earning capacity

To know what you could be entitled to, you can use our personal injury settlement calculator by inputting the losses you incurred after the accident. Generally, economic damages and non-economic damages are awarded in these types of cases. These compensate you for any tangible and intangible costs you suffered as a result of the property owner’s failure to exercise due diligence. This includes:

• Medical expenses
• Lost income
• Emotional distress
• Pain and suffering

The Benefits of Hiring a Valencia Premises Liability Lawyer

Hiring a Valencia premises liability lawyer can benefit you in several ways. They can:

• Evaluate your personal injury case
• Investigate the circumstances revolving around your injury
• Gather evidence
• Negotiate with the insurance company
• Prove the property owner’s negligence

Since we have a deep understanding of California law and the rights of injury victims, we will provide quality services to help you navigate the complex process and get you the compensation you deserve for your losses.

Schedule a FREE Case Evaluation Today with West Coast Trial Lawyers

If you sustained a serious injury on someone else’s property, you may be entitled to sue to recover damages. At West Coast Trial Lawyers, we are readily available to assess your case, explain your legal rights and options, and help you build a strong claim to ensure you get maximum compensation. As a result of our expertise and dedication, we have recovered over $1.6 billion in financial compensation for our clients and we will continue to do our duty to represent their best interests at heart. No matter what kind of case you have, we will be every step of the way.

To schedule a FREE case evaluation with one of our experienced personal injury lawyers, you can contact our 24/7 legal team by calling (213) 927-3700 or filling out our easy online contact form.