California Premises Liability Accident Lawyer
Every day, we leave our house trusting that our plans will go smoothly and that nowhere we visit will cause us harm. Fortunately, most places are well-maintained, allowing us to go about our day with minimal concern for our safety. However, that is not always the case. Careless property owners or negligent tenants can pose major risks to customers, invited guests, and others traversing their property.
If you have been involved in an accident that was caused by the negligence of a property owner, you may be entitled to legal compensation. Contact an experienced premises liability lawyer to discuss your legal options. When you reach out to a lawyer from Singh Ahluwalia Attorneys at Law, you can rest assured that when you schedule your initial consultation, you will be working with a knowledgeable and capable attorney who has you and your family’s best interests in mind.
Reach out to us today by Call (559) 878-4958 or Contact us online to schedule your no-obligation consultation. During this free, confidential first meeting, we will listen to your story and work to craft a personalized plan for your case. This plan will show you that if you choose to work with us, you will have the best chance at recovering the compensation that you need — so that you can begin moving on with your life and rebuilding after your accident.
California Premises Liability Accident Attorneys Know the Law
Under California law, property owners have a duty to ensure their property is reasonably well-kept and free from any unknown or unexpected danger. Unfortunately, not all property owners maintain their properties well. That can lead to dangerous accidents. Most commonly, these painful injuries take the form of a slip, trip, or fall. Each can have a huge impact on the victim’s life.
Premises liability laws can be complicated and vary from state to state. If you have been hurt in an accident that was a result of a property owner’s negligence, reach out to an experienced premises liability lawyer in California to give yourself the best chance at recovering the compensation you deserve to start healing and rebuilding your life.
What Are Premises Liability Laws in California?
California requires property owners and occupants to reasonably maintain their property, ensuring reasonably safe conditions exist for visitors. If there are any known hazards or safety concerns, visitors must be adequately warned. This requirement, or duty of care, states that it is necessary for people who control, possess, or own property to:
- Maintain the property
- Regularly inspect the property
- Repair any conditions that are potentially dangerous or unsafe
- Provide clearly visible notice of any conditions that are hazardous
Property owners who fail to keep their property, or premises, in reasonably safe conditions may be demonstrating negligence and, therefore, may be held responsible for any injuries sustained by visitors. Victims who have suffered injuries as a result of a property owner’s negligence may be able to file a personal injury claim against the owner. This claim can seek financial compensation for their losses or injuries.
What Damages Can Be Claimed in a Premises Liability Case?
According to California law, victims in a premises liability case are entitled to seek compensatory damages for their injuries. Compensatory damages are paid by the at-fault party to the victim for their injuries or losses.
In order to best understand all the losses you have faced as a result of your injury, contact an experienced California premises liability accident attorney from Singh Attorneys at Law. We will work to ensure you have the best chance of receiving the full amount of compensation to which you may be entitled.
Common examples of damages sought in premises liability cases include the following.
- Medical expenses (past, present, and future)
- Physical therapy
- Lost wages
- Loss of future income
- Disfigurement and scarring
- Pain and suffering
Though life may never be the same after your accident, receiving monetary compensation may help you be able to move on. The compensation can give you space to heal and give you time to work to rebuild your life.
What Will a Premises Liability Accident Lawyer Do For Me?
Premises liability cases can become complicated very quickly, as there are very specific criteria that the plaintiff must meet in order to bring a premises liability suit to court. Employing an experienced premises liability accident attorney will help assure you that the case is filed properly and ensure that you are prepared to prove the required elements of the case.
What Elements Need to Be Proven in a Premises Liability Case?
According to California Civil Code 1714(a), in a premises liability case, the victim, or plaintiff, must prove that they were injured as a direct result of the way that the defendant managed the property. In California, the victim must address and prove the following elements:
- The defendant occupied, owned, leased, or controlled the property
- The defendant was negligent in providing ordinary care in order to prevent an injury
- The victim suffered damages due to the harm they sustained
- The defendant’s negligence was a significant contributing factor in causing the victim’s harm
All four of these elements must be addressed for a victim to file a legal claim. If the victim can prove these elements, the property owner may be legally compelled to provide compensation for the damages sustained by the victim. These damages can cover medical expenses, lost income, pain and suffering, and other related expenses.
In order to receive compensation, all four standards must be proven. If even one standard is left unproven by the plaintiff, the defendant will not be compelled to provide compensation. In order to give yourself the best chance of proving all four elements, contact a California premises liability attorney from Singh Ahluwalia Attorneys at Law.
What Is the Standard of “Reasonable Care?”
Duty of care, or the “reasonable care” standard for property owners is determined by looking at how a “reasonable” property owner would act under similar circumstances.
There are a variety of factors that will be considered when determining if a property owner breached their duty of care. These factors can include:
- The location of the property
- The likelihood that someone would enter the property in the same way as the victim
- The likelihood of the injury
- The seriousness of the injury
- Whether or not the owner knew, or should have known, about the condition of the property
- The burden of avoiding or reducing injury risk (such as by identifying potential hazards)
- The amount of control the owner had over the risky situation
It is important to keep in mind that this is not a comprehensive list, and the courts are free to consider any information they deem relevant.
As part of seeking to prove your claim, your lawyer will investigate the location of your accident, interview any witnesses, and do any other necessary work to compile the evidence needed to establish that the property owner breached their duty of care — tasks which may be costly and time-consuming for you to do on your own.
Who Can I Hold Liable in a Premises Liability Case?
If you have been injured on someone else’s property, you can typically bring a suit against:
- Property owners
- Property lessees
- Individuals who occupy/control a property
Liability does not necessitate that an owner owns, possesses, and occupies a property. Sometimes, only controlling the property is enough to be held liable in a case.
Additionally, it is possible that more than one party can be held responsible. It is also worth noting that the responsible party can differ based on the type of property on which the harm occurred.
Proving liability may feel daunting, as many factors and nuances must be considered. Having an experienced lawyer by your side can make this process much more manageable.
Who Are Some Potential Defendants in a Premises Liability Case?
An experienced attorney can help look at your case and identify any possible defendants. In some cases, more than one defendant may be named. Some possible defendants may be:
- Business Owners
- Property Management Companies
- Retail Centers
- Parent Companies
In California, there is what is known as a respondeat superior law, which states that a property owner or manager can not delegate away their duty of care to keep a property reasonably safe. This means that if an owner knows about an issue and hires an outside contractor to fix it, they are still liable for the issue if that contractor is negligent and fails to remedy the situation. This can also apply to the employees at a store. If an employee created an unsafe situation or merely noticed and did not remedy it, the business owner or property owner could still be held vicariously liable.
What Are Common Premises Liability Claims?
There are many different types of premises liability claims in California. Some of the most common accidents are as follows.
Slip and Fall Accidents
Slip and fall accidents are some of the most common premises liability claims. Some causes of slip and fall accidents are:
- Uneven floors
- Slippery floors
- Loose carpet
- Uncovered cords
- Unsafe ladders and stairs
- Improper footwear
- Improper training or safety procedures
Construction Site Accidents
Construction sites are notoriously dangerous. Workers are using large machines, sharp tools, and dangerous equipment, all while working on tall surfaces above the ground.
The Occupational Safety and Health Organization (OHSA) has rules to protect workers working in such environments. If property owners fail to uphold their duty of care to the workers and potential visitors to the site, they could be held liable for any accidents.
Injuries related to construction site accidents may include:
- Ladder Injuries
- Crane Accidents
- Falling Debris or Scaffolding
- Structural Collapse
- Electric Shock Injuries
- Roofing Accidents
Stairs are a common place for accidents to occur. Even in the best condition, stairs can inflict serious injuries from a wrong step or slippery substance. When stairs are poorly maintained, the likelihood of a serious accident increases astronomically! Missing handrails, rotten wood, and broken steps can quickly lead to serious injuries.
Property owners have a duty to keep stairs in a safe condition, and if they fail to do so, they could be held liable for any injuries that occur as a result.
Injuries Caused by Animals
California has strict dog bite laws, and anyone who is a victim of one may be able to file a premises liability claim. Owners are held responsible if their dog bites in nearly any situation, even if it’s the first time it has happened. The dog bite could occur in public or on private property.
If an accident happens in someone’s home, the homeowner or occupant may be held liable. They have a duty of care to ensure that their house is kept in a reasonably safe condition, and any failure to do so could result in an injury, and could be the foundation for a premises liability case.
Some common home accidents may include:
- Slips and falls
- Balcony/Deck collapses
- Domestic worker accident
- Falling trees
- Electric shock
- Hazardous substances
- Dangerous stairs, lack of handrails
- Attractive nuisance (pools, trampolines)
If you have experienced any accident — listed here or otherwise — that occurred as result of negligence on the property owner’s part, reach out to an experienced premises liability attorney today to get started working on a path to rebuild your life.
What Are Common Injuries Experienced in Premises Liability Accidents?
Premises liability accidents can cause serious injuries that have a substantial impact on the victim’s life. These devastating injuries can cause a need for a lifetime of medical care and treatment.
Some common injuries inflicted in premises liability cases are listed below.
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones
- Severe burns
- Neck and back injuries
- Electric shocks
- Illnesses derived from toxic chemical exposure
If you feel that you have been a victim of owner negligence, reach out and talk to an experienced California premises liability lawyer from Singh Ahluwalia Attorneys at Law. We will fight to give you the best chance of receiving the compensation you deserve for your injuries, pain, and suffering due to the accident.
Most Common Spaces for Premises Liability Cases in California
Property owners and managers have a responsibility to keep their areas clear and free from danger. Any failure to do this makes injuries more likely to occur, and they may be held liable in any premises liability cases brought against them.
The following places are common areas where premises liability cases arise:
- Retail stores
- Grocery stores
- Shopping areas
- Office buildings
- Parking areas
What Can I Expect Working With Premises Liability Accident Attorneys at Singh Ahluwalia?
When going through such a difficult time, it can feel overwhelming to choose an attorney who can represent you in your premises liability case. We understand that — just as we understand and have compassion for your difficult situation.
When working with a California premises liability accident lawyer at our firm, you can expect the following:
- Comprehensive management of your case from beginning to end
- Counseling on your available legal options
- Consistent updates on the progress of your case
- Thorough investigation of your accident, including any negligence involved
- Precise valuation of all your damages — in the past, present, and future
- Fighting for you through all stages of your claim, including negotiations with insurers
- Protection from common insurance claims traps, like leading questions or inquiries into your medical history
- Compassionate representation, keeping you informed and in control as you seek to recover from your accident
Contact an Experienced California Premises Liability Attorney
If you have been a victim of a slip-and-fall accident or any other type of premises liability accident, reach out to us today so we can start the process of giving you the best chance to receive compensation for your injuries and pain and suffering. Our experienced and compassionate attorneys will fight tirelessly for you.
We are here for you today! Reach out to Singh Ahluwalia by calling us at Call (559) 878-4958 or Contact us online to set up your consultation. We would love to help you out during this difficult time.