Visalia Premises Liability Lawyer

When you enter someone else’s property, whether it is a home, restaurant, or store, you expect to be safe. But, what happens if you get injured due to dangerous conditions? Given the circumstances, California’s premises liability laws can hold the property owner responsible for failing to fulfill their legal duties. This will vary based on the type of property the incident occurred on and the visitor’s status, like whether they are an invitee, licensee, or trespasser. If they fail to resolve the known hazard, they can be held accountable for injuries and damages.

In case of bodily harm, you may need to pursue an insurance claim for full financial recovery, such as medical bills, lost income, and pain and suffering. At West Coast Trial Lawyers, our Visalia personal injury lawyers can provide the guidance and support needed to ensure you get maximum compensation.

We operate under a contingency-fee basis, meaning you owe us nothing unless we settle your case. To set up a FREE initial consultation, you can connect with us by calling (213) 927-3700 or filling out our quick online contact form.

Understanding California Premises Liability Law

Under California Civil Code section 1714(a), everyone is responsible for injuries caused by insufficient care as a result of property mismanagement. This forms the basis of premises liability in the state, meaning property owners can be held accountable if someone is harmed due to unsafe conditions presented on their land, provided they knew or should have known about the hazard and failed to incorporate reasonable measures to resolve it.

Types of Premises Liability Claims

Premises liability claims can stem from multiple factors. Let’s take a look at some common types below.

Slip and Fall Accident

Slip and fall accidents happen when a person loses their balance due to slippery surfaces. Some notable causes include:

• Freshly mopped floors
• Icy sidewalks
• Spilled liquids at a restaurant

Property owners must promptly clean the affected area or provide a clear warning sign to prevent visitors from interacting with the hazard. Failure to do so may result in liability.

Dog Bite

Although California Civil Code section 3342 enforces strict liability on dog owners over bite-related cases, this can also fall under premises liability, especially if it happens on private property, like at apartment complexes or homes. If a property owner or landlord knew a dangerous dog was on the premises and failed to take reasonable measures to prevent harm, they may be held liable for injuries and damages.

For instance, if a homeowner does not have a warning sign set up around the premises to prevent others from having access to the dog, they may be at fault if the interaction leads to bodily harm.

Inadequate Security

Inadequate security may arise if a property owner fails to implement safety measures to prevent criminal acts on their territory, specifically in areas in which the same cases have happened before. This can include the following:

• Apartment buildings with a history of break-ins
• Hotels with insufficient room locks or faulty entry gates
• Parking lots with poor lighting or non-functioning security cameras

A notable issue to consider is whether criminal activity is foreseeable. If similar cases have happened on or near the premises in the past, the owner is expected to provide extra precautions to prevent it from recurring. Failing to fulfill these obligations may result in serious injuries and damages.

Swimming Pool Accident

Swimming pools provide a sense of fun and relaxation, but can also pose serious safety risks. Property owners who fail to maintain safe pool conditions can be held accountable under premises liability law if someone is harmed or killed as a result. Whether the pool is at a private residence or public facility, owners have a legal duty to incorporate preventative measures to avoid foreseeable injuries.

Some common factors that can result in swimming pool accidents include:

• Inadequate fencing or gates
• Unsupervised access to pools
• Slippery surfaces
• Faulty pool equipment
• Not enough warning signs

Steps to Take After an Accident

If you have been harmed while on someone else’s property due to negligence, it is important to act quickly and consider the following steps below to protect your safety and ability to recover compensation.

Seek Medical Attention

Your health should be your top priority. Even if you believe you sustained minor injuries, you should still seek medical care immediately after the event. Some conditions, like internal injuries or soft tissue injuries, may not be noticeable at first. A prompt evaluation can help establish a clear link between the accident and the injuries suffered.

Report the Incident

Be sure to reach out to the property owner or manager and let them know what happened. They may create an incident report, which you should get a copy of for your records.

Gather Evidence

If possible, try to take as many photos and videos as you can. This includes:

• The dangerous conditions that were presented when you entered
• Surrounding objects that may have contributed to the event
• A copy of the incident report and your medical records
• Your bodily injuries

Do not forget to collect the names and contact information of any witnesses who saw the accident.

Contact a Visalia Premises Liability Lawyer

Premises liability cases often involve proving negligence, and property owners may want to respond by denying responsibility or put the full blame on you. An experienced personal injury attorney can investigate the situation, document the scene, negotiate with the insurance company, and get you the compensation you deserve for your losses.

How to Establish Negligence in Premises Liability Cases

Proving negligence will require a plaintiff to demonstrate all four legal elements, which include the following:

• The defendant owned, leased, occupied, or controlled the property
• The defendant was negligent with property maintenance
• The plaintiff was harmed 
• The defendant’s negligence was the primary cause of the injury

Under California law (pure comparative negligence), an injured person can still recover compensation even if they were partially at fault for the incident. But, their recovery will be adjusted based on their percentage of fault. 

For instance, if you are 20 percent liable, your pay will be deducted accordingly. So, if total damages were $50,000, you may be granted an estimate of $40,000.

Some potential guilty parties in premises liability cases include:

• Property owners
• Landlords
• Property management companies
• Commercial tenants
• Business operators
• Government entities

What Damages Are Recoverable in a Premises Liability Claim?

Premises liability victims have the right to pursue compensation by filing a claim against the responsible party. The purpose of acquiring damages is to cover any financial, physical, and emotional consequences that emerged due to the accident.

To learn what you could be entitled to, you can use our personal injury settlement calculator by inputting the expenses you sustained because of the incident. 

Typically, both economic and non-economic damages are awarded in such cases. Under rare occasions, punitive damages may also apply.

Economic damages will compensate for actual financial losses triggered by the event. This includes:

• Medical expenses
• Lost wages
• Loss of earning capacity

Non-economic damages refer to intangible losses that do not have a specific dollar value, but do have a significant impact on the victim’s quality of life, such as:

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

Punitive damages may be granted if the property owner’s behavior was especially reckless, malicious, or willful. These are meant to punish the wrongdoer for their conduct and to deter similar behavior in the future.

Benefits of Hiring a Local Law Firm

If you have been harmed while encountering hazardous property conditions, seeking the right legal representation can greatly impact the outcome of your case. Local premises liability lawyers work in a specialized area of law that requires a thorough understanding of state and local regulations. Choosing a nearby law firm can provide many key advantages:

• Familiarity with local courthouses and established relationships with the judges and staff
• Expertise in state and city premises liability rules
• Knowledge in local property challenges
• Personalized legal services and availability
• Strong community reputation

By selecting a community-based law office to represent you, you are ensuring that you have a well-equipped team that understands state and city regulations and the specific challenges of personal injury cases in your particular area.

Schedule a FREE Consultation with Our Visalia Premises Liability Attorneys

Personal injury victims are entitled to seek compensation against the at fault party. At West Coast Trial Lawyers, our Visalia personal injury attorneys are readily available to assist with the legal process. 

With a proven track record of success in handling premises liability cases, we are prepared to support you every step of the way. Whether you were harmed because of a slip and fall or suffered injuries due to negligent security, we have the expertise and resources available to navigate your legal options, and pursue full financial recovery on your behalf.

To book a FREE consultation, you can connect with us by calling (213) 927-3700 or completing our easy online contact form.

Visalia Premises Liability FAQ

Can a Property Owner Be Held Liable for Wrongful Death?

A property owner can be held liable for wrongful death if their negligence contributed to a person’s fatal injuries. In California, such claims arise when a property owner allows unsafe conditions to harm visitors.

Under California Code of Civil Procedure section 377.60, the following parties may be eligible to file a wrongful death claim:

• Spouses or domestic partners
• Children or issued of deceased children
• Others who were financially dependent on the decedent

Those pursuing such a case may be entitled to seek compensation for:

• Medical costs
• Funeral and burial expenses
• Loss of financial support
• Loss of household services
• Loss of companionship

How Long Do I Have to File a Premises Liability Claim?

The statute of limitations to file a premises liability claim in Visalia is two years from the date of when the injury occurred. Be sure to gather as much evidence as you can and hire the right legal representation. Fulfilling these tasks will ensure you have a strong claim and that all important documentation has been filed in a timely manner.

Failing to do this can lead to delays, and will put you at risk of exceeding the time limit. In the event that this occurs, you will lose your ability to secure compensation for the losses you incurred.

What if the Dangerous Condition Was Not Obvious?

Property owners have a legal responsibility to inspect their territory on a regular basis, and either fix hazardous conditions or implement adequate warnings. This applies regardless of whether the danger is not visible or easily noticeable by visitors. Given the circumstances, a personal injury victim can still have a valid claim if:

• The unsafe environment was not obvious to a reasonable person, meaning it was not something an average visitor would have seen and avoided
• The property owner did not post warnings or block off the area to prevent easy access
• The owner had actual or constructive knowledge of the situation, as in they knew or should have known about the problem by performing a reasonable inspection

California law does not expect visitors to detect hidden dangers. If a property owner fails to maintain reasonable care, they can still be held accountable, even if risks were not apparent.

Are You Liable if a Child Gets Hurt on Your Property?

In California, courts impose a heightened duty of care on property owners to protect children from harm. While the state does not recognize the “attractive nuisance” doctrine, property owners are still legally responsible to maintain a safe environment for children who are accessing the area. This includes addressing potential hazards that may not be obvious to a child and providing warnings (when necessary). 

The level of responsibility will vary based on several factors, such as the nature of the property and the child’s age along with their ability to detect danger. If you fail to maintain a duty of care and a child is harmed as a result, you may face legal repercussions.