Premises Liability Attorneys

Premises Liability Attorney

If you or a loved one were injured on someone else’s property, contact our premises liability injury attorneys to protect your rights and receive maximum compensation for your injuries. Our attorneys have decades of experience representing premises liability injury victims. We believe that no premises liability injury victim should have to pay for their medical bills, emotional distress, etc. Our premises liability attorneys work to make sure that our premises liability injury victim’s rights are represented. We have extensive experience litigating claims in both California and Nevada.

What is Premises Liability?

Premises liability is a type of personal injury law that concerns injuries that occur on other people’s property. This could occur on both private and public property. Examples of premises liability claims could include slip-and-fall claims. Premises liability is a much broader approach and could include different types of accidents that occur on another person’s land.

Examples of Premises Liability

• Slip and falls. Missing “wet floor” signs in retail stores or hazardous walking conditions on sidewalks are common examples of dangerous property conditions that are often the result of a lack of proper maintenance.
• Trampoline injuries. Even with proper safety measures in place, someone may be able to sue the trampoline owner if they are injured while using the device on another’s property.
• Dog bites. When a dog attack occurs on someone’s property, the property owner and/or dog owner may be liable for the damages caused by the animal’s behavior. Dog bite victims who were unlawfully trespassing, attacked by a police dog, or who were partially at fault cannot hold someone else liable for their dog bite injury in California.
• Playground accidents. Playgrounds are one of the most common places where children suffer serious injuries. When a child suffers an injury on a playground because of the lack of proper maintenance or dangerous design flaws, they may be entitled to recover compensation from the playground owner for failing to maintain a safe playground for children.
• Swimming pool injuries. Swimming parties may be fun, but the owner of the pool could be held liable for any injuries that occur while swimmers are on their property. If someone slips on a wet surface or nearly drowns in someone else’s pool, then the pool owner may be liable for the damages.
• Missing stair railings. Without railings being installed on every stairway on a property, the property owner may be able to be held liable if someone is injured while using the stairs.
• Negligent security. For locations that require security detail to keep the area safe, a lack of security or negligent security team may leave the property owner liable for injuries suffered on the property.
• Falling objects. Objects that have not been properly secured, constructed, or designed that fall onto others may open the door for a premises liability lawsuit. These types of accidents are most common in construction and warehouse storage companies.
• Electrical failure or improper wiring. When an electrical fire is caused by negligent maintenance habits or bad wiring, the owner of the property may be held liable for any damages that the fire or bad wiring causes. Electrical lines that are hidden in trees commonly contribute to premises liability injuries when the property owner fails to inform visitors that the power line is there.
• Mildew or mold inhalation. Asbestos, also known as popcorn ceiling, inhalation is the most common example of this. When mold or mildew are left on a property and someone is injured as a result, the property owner may be liable for the damages caused by the inhalation of these elements.
• Violations of state or federal building codes. When buildings are not designed and built to be within the code of standard, a property owner may be liable if someone is injured on the property as a result.
• Elevator and Escalator Accidents: Injuries caused by malfunctioning or poorly maintained elevators and escalators can lead to premises liability claims.
• Snow and Ice Accidents: Property owners may be liable for injuries resulting from failure to remove snow or ice from walkways, creating hazardous conditions.
• Inadequate Lighting: Poorly lit areas can lead to accidents and injuries, holding the property owner accountable for insufficient lighting.
• Toxic Fume Exposure: Exposure to hazardous fumes from chemicals or other toxic substances on the property can result in the property owner being liable for health issues caused by these conditions.

Premises Liability Claims

In order to bring a premises liability claim against the other party, the premises liability attorney needs to prove that the landowner had a legal duty of care to plaintiff, and the landowner failed to follow through with this legal duty of care. Different examples as to how the landowners failed to follow the standard of care could be failing to maintain the property or by improperly repairing the property. This has been known to happen with injuries on Airbnb properties. The final point is to show that the plaintiffs suffered injuries as a result of the defendant’s failure to maintain the property. Premises liability determines what the legal duty would be and who the potential defendants could be. It is very important to hire an attorney who is experienced in the premises liability laws of your state. Our attorneys have decades of experience studying premises liability in the states of California and Nevada.

Who is Responsible for a Premises Liability Claim in California?

There are different types of parties that can be responsible in a premises liability claim. The common misconception is that the landowner is almost always responsible in the premises liability claim. Although that may be true, the person does not necessarily need to own the land.

In California and Nevada, parties who could be at fault in a premises liability claim include:

• Homeowner: Homeowners can be held liable if someone is injured on their property due to negligence in maintaining safe conditions.
• Tenant: Tenants renting a property can be responsible if their negligence leads to an injury on the premises.
• Business Owner: Business owners are liable for maintaining safe environments for customers and employees. Negligence in this duty can result in liability claims.
• Company: Companies that operate facilities or premises must ensure safety standards are met to avoid liability for accidents and injuries.
• Management Company: Management companies overseeing properties are responsible for ensuring the maintenance and safety of the premises.
• Commercial Property Owner: Owners of commercial properties, such as malls or office buildings, are liable for injuries that occur due to unsafe conditions on their property.
• Employer: Under the theory of respondeat superior, businesses can be held liable for the negligent actions of their employees while on the job. An experienced premises liability attorney can help prove that the employee’s actions were job-related, and thus, the employer is liable.

Hiring an experienced premises liability attorney is crucial to navigating these claims and proving liability, whether the negligent party is a homeowner, tenant, business owner, or another entity.

How is Fault Determined in a Premises Liability Claim?

There are several different factors that could create the standard of care that the land owner should have acted upon. The different factors that our experienced premises liability attorneys look at when determining the standard of care and how the landowner failed to meet that standard of care is:

• Where the properties located?
• How to protect the property?
• The feasibility of hiring security.
• Whether the owner knew about the danger.
• Whether out the owner was made aware about the danger.
• How the injured person entered the property?
• How much control the land owner had on the property?

Other than these factors, there are several other factors that could be determined depending on the situation of the premises liability claim. To look more in depth into your premises liability claim, contact our attorneys today for a free no risk consultation. During this consultation, we could determine who that falling party is, and how the at fault failed to act within that standard of care.

Injuries That Occurred On Government Property

Both California and Nevada have separate laws in place that discuss the responsibility for public entities when an injury has occurred on government property. For example, a community college that is owned by the state is considered government property. Each state has a different statute of limitations time that determines when the claim could be brought for premises liability injuries. It is very important to hire an attorney that is well-versed in the statute of limitation laws regarding the state where the premises liability injury was sustained. For example, if the injury occurred on property owned by the government, there’s a different statute of limitation time period that applies. That is why it is important to seek a premises liability injury attorney immediately following an accident.

Minor Premises Liability Injuries

• Lacerations: Cuts and scrapes caused by sharp objects or unsafe surfaces.
• Hairline Fractures: Small cracks in bones that can result from slips, trips, or falls.
• Bruises: Contusions resulting from impacts or falls, often causing discoloration and tenderness.

Catastrophic Premises Liability Injuries

There are several different causes to premises liability injuries, premises liability injuries can vary from minor to severe injuries that have lifelong effects. Below are some of the most common catastrophic injuries suffered in a premises liability case:

• Broken bone injuries: Severe fractures that can result in long-term disability or require extensive medical treatment.
• Traumatic brain injuries: Serious head injuries that can lead to cognitive impairment, memory loss, and other significant neurological issues.
• Burns: Severe burns caused by fire, chemicals, or hot surfaces, often resulting in extensive medical treatment and permanent scarring.
• Deep Lacerations: Serious cuts that can cause significant blood loss, require stitches, and may lead to long-term nerve damage.
• Catastrophic injuries: Extremely severe injuries that result in long-term or permanent disability, requiring lifelong medical care and significantly impacting the victim’s quality of life.
• Electric shock: Injuries from exposure to electrical currents, potentially causing cardiac arrest, burns, or neurological damage.
• Spinal cord injuries: Damage to the spinal cord that can result in partial or complete paralysis, affecting mobility and quality of life.
• Nerve damage injuries: Injuries that result in loss of sensation, movement, or function in affected areas of the body.
• Severe Head injuries: Significant trauma to the head, which can lead to concussions, skull fractures, and long-term health issues.

These catastrophic injuries often require extensive medical treatment, rehabilitation, and can have lasting impacts on the victim’s life.

Wrongful Death in Premises Liability Cases

Wrongful death cases can involve premises liability lawsuits. Victims who have not survived their premises liability injuries will be brought under a wrongful death claim. Wrongful death claims brought by the victim’s family members. Examples of how wrongful death claims could come to be in a premises liability claim include explosions, fires, severe falls.

Places Where Premises Liability Injuries Could Occur

Premises liability can apply to public or private land. Different examples of where injuries could be incurred include:

• Buildings
• Theaters
• Shopping malls
• Motels
• College dorms
• Nursing homes
• Hospitals
• Parking structures
• Grocery stores
• Apartment units
• Residential homes

Injuries for premises liability could occur just about anywhere. If you or a loved one has been injured in any of the above instances, contact our attorneys today to determine the merits of your premises liability injury claim.

Examples of how premises liability injuries could occur

• Falling from the balcony
• Falling in a pothole
• Falling down stairs
• Slip and fall accident
• Being hit by falling objects
• Ceiling collapse

What Should I Do After Being Injured On Another’s Property?

• You should seek medical attention immediately
• Document all medical records along with witness statements
• Report the accident to the property owner
• Consult with an experienced premises liability attorney

What Compensation Can I Recover Under California Premises Liability?

The amount of compensation differs based on each case. To better determine the amount of compensation you are qualified for, contact our experienced premises liability attorneys today. Damages that the defendant may end up paying could include medical bills (such as medication and physical therapy), pain and suffering, job loss, emotional distress from the injuries, and possible punitive damages.

A majority of premises liability injuries occur from one of the following situations. Without the proper maintenance or monitoring, each of these situations can open the door for an individual to be seriously injured on someone else’s property.