It is fair to expect safe conditions when visiting the property of others, but accidents do happen, sometimes resulting in severe injuries. Under premises liability law, property owners may be held responsible for injuries that occur on their property.
In general, property owners must maintain a safe environment for visitors to their properties, and when they fail to do so, property owners may be liable for resulting injuries or damages.
At Porter Simon Sierra Injury Lawyers, our premises liability lawyers understand the complexities of premises liability law and fiercely fight for the justice you deserve. Contact a Truckee, Tahoe premises liability lawyer today for a free consultation and learn more about how we can help.
What Is Premises Liability?
Premises liability refers to a property owner or occupier’s legal responsibility to maintain a safe environment for anyone who enters their property. When someone suffers an injury in an accident caused by negligence on someone else’s property, the injured victim may file a premises liability claim seeking compensation for their injuries.
Property owners are not legally responsible for every accident that occurs on their land or in their buildings, but in most instances property owners have a legal obligation to others that, if breached, can result in compensation for accident victims.
Types of Premises Liability Cases
From slip and fall claims to dog attacks and swimming pool accidents, our team at Porter Simon Sierra Injury Lawyers helps victims of negligence recover the compensation they deserve.
Slip, Trip, and Fall Claims
Slip, trip, and fall claims are some of the most common types of premises liability cases: According to the California Department of Public Health, 794,868 emergency room visits for falls were recorded in a single year.
These accidents happen because of hazards, such as wet floors, uneven surfaces, debris, or ice and snow. Property owners must keep their premises safe and free from hazards that could cause someone to slip, trip, or fall. Whether it’s a home, grocery store, restaurant, or office building, property owners must provide a safe environment for visitors.
Falling Objects
Falling objects and debris pose a serious risk to individuals on someone else’s property, and property owners are responsible for preventing these incidents. Key failures of property owners that may give rise to liability for falling object accidents include poor maintenance, lack of proper storage, and not securing objects properly.
Fire Safety and Building Code Violations
Fire safety and building code violations are serious issues that can result in devastating consequences. When property owners do not comply with fire safety regulations and building codes, they put the safety of others at risk.
From faulty electrical wiring to inadequate fire alarm systems or blocked exits, these violations may be grounds for a premises liability claim.
Negligent Security Claims
Negligent security claims arise when a property owner fails to provide adequate security measures, resulting in harm or injury to individuals on the property. Inadequate lighting; malfunctioning locks; unaddressed complaints; and broken windows, doors, or entry points are among the key oversights that could make a property owner liable for negligent security.
To establish liability, the injured person must prove the property owner knew or should have known about the security issue and neglected to resolve the issue.
Dog/Animal Attacks
Dog and animal attacks cause both physical and emotional trauma. Property owners may be liable if they knew or should have known about the presence of a dangerous dog or other potentially aggressive animals on their premises.
Key failures on the part of the property owner include not properly securing the animal, not warning visitors about the animal’s presence or potential dangers, or not taking reasonable measures to protect others.
In California, the owner of a dog that bites a person is strictly liable for the injuries, regardless of their knowledge of the dog’s viciousness, if the injured person was attack on public property or was lawfully on private property.
Swimming Pool Accident Claims
Property owners must maintain a safe environment on their premises, especially in swimming pool areas. In cases where negligence causes a swimming pool accident, the property owner or manager may be liable for any resulting injuries or fatalities.
Common reasons for liability include slippery decks that lack warning signage, lack of proper supervision, defective pool slides or diving boards, faulty drains, and inadequate safety measures, such as fencing.
Amusement Park Accidents
Owners of amusement parks are responsible for the safety of their guests by properly maintaining rides, providing clear instructions, and addressing any hazards. If they neglect this obligation, they may be liable for any harm that occurs.
However, visitors also have a responsibility to exercise caution and follow safety guidelines. Each state treats waivers of liability differently, so consult with a premises liability lawyer to evaluate your claim.
Ski Resort Injury Claims
Ski resorts may be held liable for unsafe conditions on the slopes and in the lodges villages. In general, resorts cannot increase the risk of skiing or snowboard beyond the risk that is inherent to the sport.
If resorts increase the risk, and injuries or death occur, ski resorts can be held to compensate victims and their families for losses suffered. The laws in California concerning ski-related injuries are complex. You should consult with a firm that has particular experience with such cases, like Porter Simon Sierra Injury Lawyers, for a free case analysis.
To establish negligence, you must demonstrate that the property owner had a duty of care to maintain a safe environment and did not fulfill that duty.
How To Prove Negligence in a California Premises Liability Claim
Proving negligence in a California premises liability claim is complex, but having an experienced California premises liability attorney on your side increases your chances of a successful claim. Premises liability laws in California require property owners to maintain their premises in a safe condition and address any hazards.
To establish negligence, you must demonstrate that the property owner had a duty of care to maintain a safe environment and did not fulfill that duty. This includes reasonable expectations such as proper maintenance, adequate security measures, and warning signs for potential hazards.
In addition to duty of care, trespassing rules may also come into play. Generally, property owners are not liable for injuries suffered by trespassers. However, there is an exception called the attractive nuisances doctrine that applies to child trespassers. If dangerous conditions on the property attract children, such as an unsecured swimming pool, the property owner may have liability for any resulting injuries.
What Do Premises Liability Lawyers Do?
Premises liability lawyers play a crucial role in helping accident victims navigate the legal process and recover the compensation they deserve. These skilled attorneys have in-depth knowledge of premises liability laws and the intricacies of personal injury claims.
One of a premises liability lawyer’s main tasks is gathering evidence and building a strong case on their client’ behalf. They investigate the accident, collect witness statements, obtain relevant documents, and gather any other evidence necessary to prove negligence on the part of the property owner.
Premises liability lawyers also negotiate with insurance companies on behalf of their clients, fight for fair compensation for medical expenses, lost wages, and pain and suffering, and, if necessary, argue the case in trial. A California premises liability attorney’s experience and guidance often make a significant difference in the outcome of premises liability claims.
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Your Compass to JusticeCommon Premises Liability Injuries
Premises liability law holds property owners and property managers liable for injuries that occur on their property because of their negligence.
Some of the most common injuries that arise from premises liability incidents include:
- Traumatic Brain Injury (TBI): A TBI occurs when a severe blow or jolt to the head causes damage to the brain. These brain injuries range from mild concussions to more severe injuries, sometimes resulting in long-term cognitive impairments, loss of consciousness, memory problems, and even permanent disability.
- Spinal Cord Injuries: Spinal cord injuries involve damage to the spinal cord and sometimes result in partial or complete paralysis, loss of sensation in limbs, and reduced mobility. The severity and long-term effects of spinal cord injuries vary depending on the location and extent of the injury.
- Burns: Burns happen when a person comes into contact with hot surfaces, flames, chemicals, or electrical sources on the premises. These injuries often cause excruciating pain, disfigurement, scarring, and may require extensive medical treatment and rehabilitation.
- Broken Bones: Fractures and broken bones commonly happen in slip and fall premises liability accidents. They range from hairline fractures to compound fractures, and may result in loss of mobility, chronic pain, nerve damage, and other serious complications. Some broken bones may require surgery or intensive physical therapy to fully heal.
- Soft Tissue Injuries: Soft tissue injuries include sprains, strains, and contusions. While they are generally less severe than other types of injuries, they often still result in discomfort and may require medical treatment and rehabilitation.
Types of Damages You Can Recover In a Premises Liability Claim
In a premises liability claim, you can pursue compensation for various losses you incurred because of the injury, otherwise known as damages.
Common types of damages in a premises liability claim include:
- Medical Expenses (Past and Future): This includes reimbursement for the medical treatment you already received, as well as compensation for anticipated medical expenses related to your injuries in the future. It also covers rehabilitation expenses required for your recovery.
- Physical Pain and Suffering: Compensation for physical pain and suffering addresses the physical discomfort, distress, and anguish caused by your injuries. It accounts for the severity of your injuries, the duration of your pain, and the impact on your daily life.
- Emotional Damages: Emotional damages encompass the psychological and emotional impact of the accident and resulting injuries, including anxiety, depression, PTSD, or other emotional distress caused by the incident.
- Loss of Consortium or Companionship: If your injuries have affected your relationship with your spouse or partner, you may pursue compensation for the loss of their companionship, affection, or support. Loss of consortium damages aim to compensate for the negative impact on your personal relationships.
- Lost Wages (Past and Future): Lost wages cover the income you already lost because of your injuries, as well as any anticipated future loss of earning capacity. Damages for lost wages may include wages from missed work, reduced work hours, or inability to perform your previous job duties.
- Property Damages: Property damages involve the physical damage or loss of personal property in the incident, such as vehicles or personal items, for which you can seek compensation.
- Punitive Damages: In cases where the property owner’s conduct is deemed grossly negligent or malicious, the court may award punitive damages, which are additional monetary awards that punish the defendant and deter similar behavior in the future.
FAQs: California Premises Liability Lawsuits
What Is the Cost of Hiring a Premises Liability Attorney?
When hiring an attorney for your premises liability case, you may have concerns about the cost. At Porter Simon Sierra Injury Lawyers, we work on a contingency fee basis. This means you owe nothing upfront, and we only get paid if we successfully recover compensation for you.
How Do I Find a Premises Liability Lawyer Near Me?
When you need a premises liability lawyer in the Truckee Tahoe area, start by searching online for law firms or attorneys with ample experience handling premises liability cases in your area. Look for offices conveniently located near you, as this makes meeting with your lawyer and discussing your case easier.
Additionally, always look for client reviews and check out case results to get a better sense of their experience and success with similar cases. Finally, reach out to law offices near you for a consultation and determine which lawyer best fits your legal needs.
How Long Do Premises Liability Claims Usually Take?
Premises liability claims vary in duration depending on the specific circumstances of the case. Some claims resolve relatively quickly through settlement negotiations, while others require litigation and may take months or even years to achieve a fair outcome.
California follows a pure comparative negligence rule for premises liability cases. If you are partially at fault for your own injuries, you may still recover compensation for the portion of damages that was not your fault.
California Premises Liability Laws
Premises liability laws play a crucial role in determining the legal responsibilities of property owners and the rights of accident victims. By familiarizing yourself with the laws that govern personal injury claims arising from accidents on someone else’s property, you can better navigate your premises liability claim and seek the compensation you deserve.
What Is the Comparative Negligence Rule in California?
California follows a pure comparative negligence rule for premises liability cases, meaning even if you are partially at fault for your own injuries, you may still recover compensation for the portion of damages that was not your fault.
For example, if you are 20% at fault for the accident, you can still recover 80% of the total damages. Your percentage of fault reduces the amount of recovery, so work with an experienced attorney who can help you navigate the complexities of the comparative negligence system in California.
What Is the Statute of Limitations for California Premises Liability Cases?
In California, the statute of limitations for premises liability cases is generally two years for injuries suffered on private property. This means you must file a premises liability lawsuit for your injuries within two years of the date of the accident.
Otherwise, you may lose your right to pursue a claim. For injuries or death that occur on public property, there is typically a six month window for file a government tort claim. Consult with a premises liability lawyer as soon as possible to ensure you meet all necessary deadlines and protect your rights.
Talk to a California Premises Liability Lawyer
If you or a loved one suffered an injury on someone else’s property, you should consider seeking the help of a California premises liability lawyer well-versed in the local laws and regulations surrounding premises liability.
At Porter Simon Sierra Injury Lawyers, we have extensive experience handling premises liability cases in Truckee Tahoe and throughout California and can provide the guidance, representation, and resources you need for a successful physical and financial recovery.
Contact us today for a free legal consultation and let us fight for the justice and compensation you deserve.
