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, we will fight on your side to pursue fair financial compensation to cover medical bills, lost income, or pain and suffering.
At the Benner Law Firm, we are proud to serve clients across San Diego, Escondido, Chula Vista, El Cajon, San Diego County, Oceanside, and all of California.
"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. Pursuant 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 own, control, or possess a property in the state of California, you have the legal duty of care to:
Maintain your property properly
Carry out routine inspections
Repair or fix any potential issues or dangerous conditions
Post appropriate warnings to guest or visitors of any dangerous or unsafe conditions
Property owners who are negligent or found wanting in their duty to keep their premises in a reasonably safe condition may be held responsible for injuries suffered on the property.
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
Improperly designed decks
Cracked flooring or sidewalks
In California, the injured person has up to two years from the date of the injury to file a premises liability claim or lawsuit.
Some common incidents that may lead to a premises liability claim include:
Slip and falls
Dog bites and other animal attacks
Defective staircases or stair accidents
Elevator and escalator defects or accidents
Water leaks or flooding
Swimming pool accidents
Garage door accidents
Chemicals or toxic fumes
Accidents involving fire
Premises-related injuries are not only limited to private property. Similarly, 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. Examples of public property are public libraries, playgrounds, theme parks, schools, sidewalks, parking lots, roadways, oilfields, and other government-owned locations.
In premises liability lawsuits, public and private property negligence are considered to be similar. Just like an injured victim can seek compensation for getting hurt on private property, victims who suffer injuries on a 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.
The following damages may potentially be recovered through a premises liability claim:
Medical expenses, including continued medical care
Lost wages or benefits
Lost earning capacity
Scarring or disfigurement
Pain and suffering
When you’re injured on someone else’s property, whether it be privately or publicly owned property, it may be difficult to determine who should be held responsible. You need to show that the negligent property owner was aware of the dangerous or unsafe conditions of the premises but failed to fix it or warn you. A knowledgeable California personal injury attorney can help protect your rights and pursue fair financial compensation for your injuries.
At the Benner Law Firm, we are dedicated to offering experienced legal guidance and compassionate representation to premises liability victims and their loved ones. As your legal counsel, we will:
Review every detail of your situation
Conduct a thorough, private investigation
Seek to establish liability and estimate case-value
Help negotiate fair settlements with insurance providers
File a premises liability lawsuit or take additional legal action, if necessary
We will fight to protect your rights and represent your best interests. Having our team on your side can enhance your chances of a favorable outcome in your premises liability claim.
If you were injured in an accident on another party’s property, contact us at the Benner Law Firm today to schedule a free consultation. We 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 today to get started.