San Diego Premises Liability Lawyer

Premises Liability Attorney in San Diego, California

According to a report about injury facts from the National Safety Council, more than 8 million people were treated in emergency rooms for fall-related injuries nationwide in 2018. Under California law, property owners have a legal duty of care to keep their premises in a reasonably safe condition. This involves routine property inspection, carrying out adequate maintenance and necessary repairs, or warning guests about potentially unsafe conditions of the property.

If you were injured in an accident on someone else’s property, you have the right to take action to hold the property owner responsible and recover damages for your injuries. At the Benner Law Firm, we are committed to offering legal services and protecting the rights of premises liability victims. As a California personal injury firm, our San Diego premises liability attorney will fight on your side to pursue fair financial compensation to cover medical bills, lost income, or pain and suffering.

Our experienced San Diego personal injury attorneys are proud to serve clients across San Diego, Escondido, Chula Vista, El Cajon, San Diego County, Oceanside, and all of California. Call us at 714-497-2544 to get legal help today.

What is Premises Liability?

“Premises liability” is a legal term used to describe a situation in which a person suffers an injury in an accident on another party’s property due to the unsafe condition of the property. According to California Civil Code 1714(a);

“Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”

If you have sustained a severe injury due to the fault of someone else, then you may be entitled to recover compensation. Make sure that a trusted San Diego premises liability attorney is helping you with your personal injury case. Seek expert legal representation and increase your chances of receiving compensation owed for past, present, and future medical bills and rehabilitative treatment. Call us at 714-497-2544 to schedule an initial consultation.

Duty of Care

Property owners are expected to exercise reasonable care in ownership and maintenance of their property with respect to all persons who might enter onto it.

In California, “duty of care” refers to the legal obligation to exercise reasonable care to avoid injuring other people. Certain parties owe a special duty of care to others, mainly because of their relationship. Teachers, for instance, owe a special duty to students under their care. Similarly, airlines have a special duty to passengers availing of their services.

While there is no specific legal definition of the term, the California Supreme Court adheres to the idea that people are legally obligated to prevent foreseeable harm to others, particularly when it is reasonable for them to do so.

In certain instances, a federal or local statute outlines a specific duty of care. In general, for a California personal injury case to prevail, a plaintiff must be able to show that:

• The defendant owed the plaintiff a duty of care
• The defendant breached that duty
• The plaintiff was injured because of that breach

State laws, administrative statutes, or state court decisions often create a duty of care that sets forth a “common law.” Since laws and guidelines vary from state to state and are pretty complicated, it is essential to consult a hands-on San Diego premises liability lawyer regarding a potential premises liability case.

Dangerous Conditions

As mentioned above, property owners have a legal duty to fix dangerous conditions or warn visitors about potential hazards and unsafe conditions on the premises to ensure that individuals on the property are not exposed to an unreasonable risk of harm. Some common examples of dangerous conditions that can cause accidents include:

• Poor lighting near a stairwell
• Poorly installed handrails
• Broken stairs
• Improperly designed decks
• Wet floors
• Cracked flooring or sidewalks

If you have been involved in an accident such as bicycle accident, boating accident, or truck accident and have become injured due to the negligence of others, the party at fault should be held liable under relevant personal injury laws. Seek reliable legal advice from a dedicated personal injury attorney at the Benner Law Firm. Call us at 714-497-2544  to speak with an experienced premises liability attorney today!

Statute of Limitations

It is important to speak with a San Diego CA premises liability lawyer as soon as possible after your injury. This is primarily because your “time limit” will depend on a variety of reasons. It could start once the injury is discovered or the date when the accident took place.

The term “statute of limitations” pertains to the deadline by which an injury victim may pursue legal action and file a personal injury claim. Once the time limit elapsed, accident victims may no longer pursue damages and file personal injury claims.

For premises liability lawsuits, the statute can range from one to two years, depending on the circumstances of the case. If the victim was a minor when the injury occurred, the time limit starts not until their eighteenth birthday. Conversely, if the victim files charges against a government entity, the statute of limitations may be significantly shorter.

The statute of limitations in a premises liability case varies according to the unique circumstances of the claim. Understanding these things will give you adequate time to contact witnesses and gather evidence, which is crucial in proving fault in a premises liability claim.

In order to protect your rights, you should seek legal counsel as soon as possible after the accident took place. Call us at 714-497-2544 to speak with an experienced premises liability attorney today!

Types of Premises Liability Claims

Several common incidents may lead to serious bodily injury. Pursuant to pertinent state law and guidelines, premises liability claims include:

• Slip and falls
• Dog bites and other animal attacks
• Defective staircases or stair accidents
• Elevator and escalator defects or accidents
• Porch collapses
• Negligent security
• Water leaks or flooding
• Inadequate maintenance
• Swimming pool accidents
• Garage door accidents
• Chemicals or toxic fumes
• Accidents involving fire
• Electrocutions

If you or a family member has suffered from any of the above due to the fault of others, consult with trusted San Diego premises liability attorney. We can help you recover the compensation you deserve and proceed with personal injury lawsuits if these will be necessary.

Private Property vs. Public Property Claims

Premises-related injuries are not only limited to private property. A person may also get injured on public property managed by a government entity. Private properties include residential apartments and commercial buildings, such as supermarkets, restaurants, and retail stores. On the other hand, examples of public property are public libraries, playgrounds, theme parks, schools, sidewalks, parking lots, roadways, oilfields, and other government-owned locations.

A premises liability lawsuit treats public and private property negligence the same way. Just like an injured victim can seek compensation for getting hurt on private property, victims who suffer injuries on public property can pursue damages from the government for their premises-related injuries. Whether it’s your neighbor’s property, a local supermarket, or even a government facility, you can file a claim against any property owner. To know more about the relevant legal process, make sure to get the legal services of credible San Diego premises liability attorneys. Call us at 714-497-2544 to schedule a consultation today.

Recoverable Damages

If a property owner fails to exercise reasonable care, particularly to prevent an accident from occurring on the property, they may be held liable and be required to pay damages. This means that victims who were injured on another’s property may be eligible to collect liability damages, including medical costs, lost income, or punitive damages.

A victim’s compensation will depend on different factors, such as the type of personal injury and the total amount of insurance available. In general, you may potentially recover the following damages through a premises liability claim:

• Medical expenses, including continued medical care
• Lost wages or benefits
• Lost earning capacity
• Physical therapy
• Scarring or disfigurement
• Emotional distress
• Pain and suffering

Our law firm has worked with numerous victims in various circumstances, and one piece of advice we can give you is this: take your personal injury lawsuit very seriously. Our team of reliable California premises liability lawyers can walk you through the legal proceedings necessary for such claims. Before and even after going to the courtroom, we will work closely with you to make sure that you get the compensation that is rightfully yours.

Talk to a Trusted Personal Injury Attorney

Premise liability cases can take place in almost every type of open space or structure. It can happen in swimming pools, construction sites, places with falling equipment, or premises with inadequate security against animal and criminal attacks.

An experienced premises liability lawyer can evaluate your injury claim and help you determine the best course of action to pursue. Premises liability laws can be pretty confusing since they vary from state to state. It is helpful to hire an attorney to ensure the complete protection of your legal rights.

Premises Liability Attorney
Serving San Diego, California

If you were injured in an accident on the property of another party, contact us at the Benner Law Firm today to schedule a free consultation. Our San Diego personal injury law firm will work to protect your rights and help you seek rightful compensation.

We proudly serve clients across San Diego, Escondido, Chula Vista, El Cajon, San Diego County, and Oceanside, California. Call us at 714-497-2544  to schedule a consultation today!