Premises Liability Accident Attorneys in Irvine

When it comes to premises liability cases, our Irvine attorneys bring decades of experience to the table. We specialize in representing clients who have suffered injuries on someone else’s property. Often, accidents occur on third-party premises rather than in one’s own home, making it crucial to have skilled legal representation.

Why Choose Our Irvine Premises Liability Lawyers?

Expertise in Premises Liability Laws
Our team has a profound understanding of premises liability laws, which can vary significantly from state to state. This means that the legal approach we take will be tailored to the specific circumstances surrounding your injury.

Extensive Experience
With decades of practice, our attorneys have handled a wide range of cases, providing us with the expertise needed to navigate complex legal issues effectively.

Understanding Premises Liability

Premises liability refers to a property owner’s responsibility to ensure their premises are safe for visitors. This area of law covers injuries that occur on someone else’s property due to unsafe conditions. Given the variations in premises liability laws from state to state, it’s essential to understand the specific legal landscape of your jurisdiction.

Q: What types of injuries are covered under premises liability?
A: Premises liability can cover various injuries, including slip and falls, trip and falls, and injuries caused by inadequate maintenance or security.

What is premises liability?

Premises liability is a crucial legal concept that defines the responsibilities of property owners to ensure the safety of their visitors. This doctrine holds property owners accountable for maintaining their property in a safe condition. If an individual suffers an injury due to unsafe conditions on someone else’s property, they may have the right to pursue a premises liability claim.

What is Premises Liability?

Premises liability refers to the obligation of property owners to keep their premises safe from hazards that could potentially cause harm to visitors. This legal principle is particularly significant in cases where injuries occur due to unsafe or hazardous conditions on a property. Whether the property is residential, commercial, or industrial, the owner must take reasonable measures to prevent accidents and injuries.

Legal Basis in California

In California, the concept of premises liability is codified under California Civil Code Section 1714(a). This statute articulates that individuals are not only responsible for their deliberate actions but also for any injuries caused by their failure to exercise ordinary care in managing their property. This legal framework ensures that property owners are held accountable for maintaining a safe environment and addressing any potential risks.

What are the different types of premises liability accidents?

“Premises liability” is an umbrella term used to refer to a variety of accidents that could occur on another person’s property. For example, examples of premises liability accidents could include:

• Slip and fall accidents: this is one of the most common types of premises liability accidents in the city of Irvine. This occurs when there is a liquid on the floor, causing someone to slip on it and fall.
• Trip and fall accident: these types of accidents refer to objects on the floor, causing someone to trip onto them and fall to the ground. 
• Objects: objects placed on very high ceilings, such as high shelves in the grocery store, could fall onto visitors of the property. All objects placed at high points should be properly secured. 
• Staircase accidents: this is also a very common type of premises liability accident, and occurs when someone is injured on the stairway or staircase. Causes for stairway accidents could include improper lighting, absence of handrails, and uneven stairs steps.
• Elevator accidents: elevators must always be maintained, and improper maintenance could lead to elevator accidents on someone else’s property.
• Escalator accidents: this is very common in large shopping malls and businesses. Escalators, similar to elevators, must always be maintained.
• Swimming pool accidents: swimming pool accidents, such as drowning or diving accidents could lead to severe injuries. Young children are very likely to suffer swimming pool accidents compared to any other age group.
• Dog bite accidents: this occurs when a property owner’s dog bites a property visitor. This also could include dog attacks.
• Negligent security: all properties have a responsibility for providing safe security, and preventing any intentional acts, like assault, from third parties. If the property owner fails to have safe measures and install security, they could be held responsible under a negligent security claim. 
• Fire accidents: fire accidents are not as commonly thought of as premises liability, but include fires onto another person’s property, that could lead to burn injuries to the victims.
• Chemical exposure:  business owners and property owners are responsible for making sure that there are no toxic substance exposure to visitors on their property. There are several chemicals and toxins that are not easily visible, and could result in internal injuries, such as organ damage.

Irvine Premises Liability Laws

Irvine, California, adheres to statewide premises liability laws that are grounded in principles of negligence. If you’re a property owner or visitor in Irvine, it’s crucial to understand how these laws apply to various situations.

Duty of Care in Premises Liability

In Irvine, as well as throughout California, property owners have a legal obligation to ensure their premises are safe. This duty of care requires landowners to take reasonable steps to prevent accidents and address any dangerous conditions they might discover. Essentially, property occupiers must maintain a safe environment for anyone who visits their property.

Categories of Visitors

California law classifies visitors into three distinct categories: invitees, licensees, and trespassers. Each category comes with specific rights and responsibilities:

• Invitees: These individuals are on the property for business purposes. For instance, a customer shopping at a grocery store is considered an invitee. Property owners owe a high duty of care to invitees, ensuring that the premises are safe and free from hazards.
• Licensees: A licensee is on the property for personal pleasure or social reasons. For example, a friend visiting another friend’s home is considered a licensee. While property owners still owe a duty of care to licensees, it is not as stringent as the duty owed to invitees.
• Trespassers: Trespassers enter the property without permission. Generally, property owners do not owe a duty of care to trespassers unless the owner is aware of their presence. Even then, the duty is minimal and typically involves avoiding willful or grossly negligent harm.

Handling Hazardous Conditions

When a property has hazardous conditions, the owner must take appropriate actions to mitigate risks. This includes warning visitors of potential dangers and addressing issues to prevent accidents. Failing to manage hazardous conditions can lead to significant liability for property owners.

How do I prove a premises liability case in Irvine?

• Duty: you must show that the property owner had a duty to keep their property in a safe manner.
• Breach: the property owner breached this duty when they kept their property in an unsafe manner, and that created a dangerous condition for an accident.
• Causation: the unsafe condition then caused the accident, which could be a slip-and-fall accident or a trip in fall accident.
• Damages: the visitor now has damages and injuries that should be compensated.

What if the visitor was also responsible for their injuries on another person’s property?

If a visitor is injured on someone else’s property, the situation can become complex, especially if the visitor shares some responsibility for the accident. In Irvine, California, the legal principle of comparative negligence plays a crucial role in determining liability and compensation.

What is Comparative Negligence?

Comparative negligence is a legal doctrine that allocates fault between parties involved in an accident. In California, this means that if a visitor is injured on another person’s property and it is determined that they were partially at fault, their compensation may be adjusted based on their degree of responsibility.

For instance, if a visitor was aware of a hazardous condition on the property but proceeded without caution, they could be found partially responsible for their injuries. This partial responsibility does not necessarily eliminate their right to seek compensation from the property owner. Instead, their potential compensation might be reduced in proportion to their level of fault.

How Does Comparative Negligence Affect Your Claim?

Even if a visitor is partly at fault, they can still file a lawsuit against the property owner. However, their compensation will be adjusted according to their share of the blame. For example, if a visitor is found to be 30% responsible for their injuries, their compensation will be reduced by 30%. This principle ensures that liability and damages are distributed fairly based on the degree of fault of each party involved.

Key Considerations

Property Owner’s Responsibility: Property owners are still obligated to maintain a safe environment and address known hazards. They can be held liable if they failed to take reasonable steps to prevent accidents.

Knowledge of Hazardous Conditions: If the visitor was aware of the hazardous conditions and chose to ignore them, this could impact their claim.

Who is responsible for my California Irvine premises liability claim? 

Understanding who is responsible for a premises liability claim in California can be complex. Various parties might be held accountable, depending on the specifics of the case. Here’s a breakdown of potential responsible parties:

Property Owner

The property owner is often the primary party responsible for premises liability claims. If they fail to maintain their property in a safe condition, they may be liable for any resulting injuries. This responsibility extends to both residential and commercial properties.

Employees

In some cases, employees of the property owner or business might be liable. If an employee’s negligence directly contributes to an injury, they can be held accountable. However, responsibility often falls on the employer in such situations.

Employers

Employers can be held liable for accidents or injuries that occur on their premises, particularly if the injury results from unsafe working conditions or inadequate safety measures. This can include both direct liability and vicarious liability for the actions of their employees.

Business Owners

For businesses operating on a property, the business owner might be responsible for ensuring the safety of their premises. This includes regular maintenance and addressing potential hazards that could lead to accidents or injuries.

Property Manager

A property manager might be held responsible if their negligence or failure to address safety issues leads to an injury. Their duties typically include maintaining the property and ensuring it is free of hazards.

Renter or Tenant

Renters or tenants can sometimes be responsible for injuries that occur due to their own negligence. However, landlords still have a duty to address safety concerns and maintain the property in a habitable condition.

Government Entity

In some cases, a government entity may be responsible for premises liability if the injury occurs on public property or due to public infrastructure. This could include parks, sidewalks, or government buildings.

Pedestrians

Pedestrians are generally not liable for accidents unless their actions directly contribute to the cause of the injury. However, they should always be cautious and avoid unsafe conditions to prevent accidents.

When should I file my premises liability claim in Irvine?

You have two years from the date of the accident to file your premises liability lawsuit in Irvine. When you file a claim against a property owner for injuries, your clock essentially starts ticking from the day that the incident occurred.  This is known as the statute of limitations. But, there are several exceptions to the statute of limitations. For example, accidents such as a slip and fall may not have an apparent injury until weeks later. In certain circumstances like that, the clock starts taking place when you first realize and discover your injuries.