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When you visit a grocery store, shopping mall, movie theater, or neighbor’s home, you never expect that you will leave the property with an injury. Unfortunately, many property owners fail to fulfill their legal obligation to maintain safe conditions on their properties. If you are injured as a result of a property owner’s negligence, you have the legal right to file a premises liability claim with the help of an attorney.
Premises liability in California is a legal concept that refers to a property owner’s responsibility to protect visitors from harm by maintaining safe conditions on his property. You may be able to pursue a premises liability claim if you are injured in a retail store, restaurant, hotel, theater, sports arena, or even while in someone else’s home.
Premises liability cases may include injuries sustained from a slip and fall, dog bite, swimming pool accident, or defective escalator. If you are assaulted on a commercial property, you may be able to file a premises liability claim against the property owner for providing inadequate or negligent security on his property. As long as you were not illegally trespassing on the property at the time you were injured, you may have a premises liability case.
If you have been injured on another person’s property, the first thing you should do after seeking medical treatment is contact a premises liability attorney. An attorney will help you gather the evidence that you need to prove the property owner was liable so you can file a premises liability claim against him before the two year statute of limitations is up. If you work with an attorney, you can focus solely on your recovery while your attorney takes care of the legal work.
Every insurance policy is unique, so it’s difficult to say what a premises liability insurance policy will cover. If you injure yourself on a residential property, the homeowner will typically be covered by their homeowners’ insurance policy. However, if you injure yourself while on a commercial property, the company’s liability insurance will most likely cover the accident.
Each insurance policy will have a limit. A commercial business may only have an insurance policy that covers up to $100,000 in damages, for example. If your claim is for $200,000, you will have to recover the additional $100,000 directly from the property owner instead of through the insurance company.
These policies tend to cover the majority of premises liability cases, but there are some exceptions. For example, many policies do not cover instances where the property owner intentionally injured the visitor. Your premises liability lawyer will be able to find out whether the property owner in your case is covered by insurance, and if so, what his policy limits are.
Property owners must keep their properties in a reasonably safe condition in order to avoid premises liability accidents. This means cleaning up spills that may cause visitors to slip, fixing defective stairs, escalators, and elevators, providing adequate lighting and security in the parking lot, and making sure there are no tripping hazards. A property owner’s failure to do so will most likely result in premises liability claims filed by those who have suffered injuries. It’s imperative that property owners frequently inspect their properties to look for potential hazards that could lead to premises liability cases.
If you have been injured on a residential or commercial property, you may be entitled to various types of compensation. The first type of compensation is referred to as economic damages, which is financial compensation for current and future medical bills and lost wages. You may also be entitled to non-economic damages, which will compensate you for any pain and suffering or loss of enjoyment of life that you have experienced as a result of the accident.
In some cases, you may be entitled to punitive damages as well. These are awarded in cases where it is clear that the defendant demonstrated willful misconduct or malice. Many people view punitive damages as the court’s way of punishing the defendant for his poor behavior. Others see punitive damages as a warning to others that negligent behavior will be punished.
Premises liability cases can be extremely complex, which is why it’s important to work with an attorney. The defendant will most likely try to say that you were partially or entirely at fault for the accident. Because California employs comparative negligence law, if it is determined that you are partially at fault for the accident, you will not be able to recover the full amount of compensation. If you are found to be 50% responsible for the accident, you will receive 50% compensation for your injuries.
Proving liability is challenging. An experienced attorney can investigate the case and gather the evidence needed to show that the property owner was liable for the dangerous condition that caused your injury.
Learn what it’s like working with our team by reading the quotes and reviews from former clients on our website.
Do you think negligence played a role in the injuries you sustained on someone else’s property? If so, you will need to get in touch with an attorney who can make sure that your case meets the necessary requirements to file a premises liability claim. Our team has over 35 years of combined experience in various practice areas, including dog bites, slip and falls, truck crashes, car wrecks, motorcycle disasters, medical malpractice, and wrongful death.
Contact Goodrow Law Office by phone today at 415-655-9478 or by email at firstname.lastname@example.org to schedule a free consultation. We have flexible hours so we can review your case and answer your legal questions when it is most convenient for you. Our office is located within the 94102, 95113 and 93101 zip codes, but we serve clients throughout the greater California area.