Unintentional injuries result in over 97.9 million emergency department visits among Americans. Unfortunately, many of these injuries are due to the negligent actions of another. California law requires property owners and occupants to keep their properties reasonably safe and warn visitors of any potential dangers that might not be obvious.
Injury victims can file personal injury claims against a negligent property owner for damages from an accident on their property. At Younglove Law Group, we understand how life-altering your injuries can be for you and your family. Our California premises liability lawyers provide legal representation, support, and the guidance you need to recover maximum compensation from the at-fault party. Call us to help secure your family’s future while you recover and focus on your loved ones.
What Is Premises Liability in California?
California premises liability laws place certain responsibilities, called duties, on landowners for the safety of those who enter their property. The duty of care imposed on landowners is found under California Civil Code 1714(a). The law places a duty of care on anyone who owns, rents, or manages property to:
- Keep the property in a reasonably safe condition.
- Inspect and repair any potentially dangerous condition and/or warn visitors of lurking dangers.
While devastating injuries can be sustained on another’s property, that alone does not automatically qualify a victim for compensation. You will have to prove the property owner was negligent in their actions. Our experienced personal injury attorneys will help you gather evidence to prove:
- The defendant owed the victim, a visitor on the property, a duty of care.
- The defendant breached their duty by not ensuring their property was safe for visitors.
- The victim’s injury was a direct result of the defendant’s negligence.
- Damages were suffered by the victim.
Proving the property owner breached their duty of care depends on what a reasonable property owner would do in a similar situation. The jury will consider the following factors to determine if the defendant breached the duty of care:
- The property location.
- Likelihood of a person using it in the same way.
- Chance of an injury.
- The potential severity of an injury.
- Whether the owner should have known or knew about the condition.
- The difficulty and cost to prevent the risk.
- Whether any warning of the risk was given.
- The degree of control of the owner over the risky condition.
Younglove Law Group lawyers are well-versed in California premises liability laws to help you establish proof in a personal injury lawsuit. We are committed to getting you justice and battle for the maximum compensation you need to recover.
Common Causes and Types of Premises Liability Cases
Premises liability laws cover a range of accidents and injuries on properties. However, the most common type of premises liability claim is a slip-and-fall accident. Falls are the number one cause of occupational injury and the second-leading cause of death in the construction industry. They are responsible for a full 15% of accidental workplace deaths. Slip-and-fall accidents can be caused by:
- Wet floors.
- Ice or snow.
- Oil spills.
- Loose carpets.
- Faulty staircases.
- Food debris.
- Uneven walking surfaces.
- Spilled drinks or liquids.
- Cracked sidewalks.
Construction sites are common sources of premises liability lawsuits in California. They pose a risk to passersby, visitors, and workers alike, resulting in electric shock injuries, scaffolding injuries, roofing accidents, crane accidents, and ladder injuries.
Other common premises liability cases involve, but are not limited to:
- Waterpark and amusement park accidents.
- Dog and animal bites.
- Exposure to toxic substances.
- Escalator and elevator accidents.
- Unsecured or falling objects.
- Swimming pool accidents.
- Safety code violations.
- Assaults and attacks due to negligent security.
- Collapsing structures.
Premises liability accidents can happen even to the most cautious person if a property is not well maintained. Unintentional injuries can also occur in any type of property, including amusement parks, apartment buildings, parking lots, office buildings, retail stores, residences, and even government buildings. Our attorneys are knowledgeable about different forms of premises liability claims and the specific laws governing them in California.
What Damages Can I Recover in a Premises Liability Claim in California?
California laws allow you to sue an individual or entity responsible for your injuries on their premises. This includes property owners, renters, managers, and others controlling the property. Keep in mind that your status as a visitor to the property also determines whether or not you are eligible for compensation. The status of a visitor comes in 3 categories:
- Invitee: This does not have to be a formal, written, or verbal invitation. It can be open doors implying you are invited inside.
- Licensee: The licensee has the consent of the property owner to visit to use something on the property.
- Trespasser: A trespasser enters a premises without the owner’s consent. As a result, the owner is not obligated to warn them of a dangerous condition and is much less likely to be liable for any injury suffered.
Premises liability accidents can cause severe, life-threatening, and life-altering injuries that can require life-long care and rehabilitation. You can seek present and future economic and non-economic damages, including:
- Past and future medical expenses (hospital bills, ambulance, surgery costs).
- Lost wages.
- Property damage.
- Lost earning capacity.
- Disfigurement and scarring.
- Pain and suffering.
- Loss of limbs.
- Wrongful death.
Consult with an experienced California personal injury attorney to determine the total compensation you deserve. Our team at Younglove Law Group will consider the severity of your injury, medical expenses, and other relevant factors to calculate fair compensation.
How Younglove Law Group Can Help With Your California Premises Liability Case
Premises liability cases can be complicated due to multiple possible liable parties. Insurance companies also tend to refuse to pay for damages or offer low settlements to injured victims. A professional lawyer can protect your interests and help ensure you get maximum compensation for your damages.
We will guide you every step of the way and:
- Investigate your unique circumstance to determine the cause and the liable party. We will also prove how their negligent actions led to your injuries.
- Track down witnesses and gather evidence for your case.
- Review your damages to determine maximum compensation for your injury, physical pain, and mental anguish.
- Notify the liable party of our legal intentions.
- File a personal injury claim.
- Negotiate a fair settlement on your behalf with the responsible insurers.
- File a lawsuit if the insurance company fails to offer fair compensation.
We understand the financial strains you might face following a premises liability accident. We work on a contingency fee basis to ensure you do not use money from your pocket. Our legal fees come from your compensation; you will not have to pay us if we do not win your case.
Contact California Premises Liability Attorneys at Younglove Law Group Today
Younglove Law Group provides compassionate legal representation, guidance, and support during this unfortunate time. You can trust our lawyers to navigate the complexities of this process to get you the maximum compensation you rightfully deserve.
If you or your loved one have sustained an injury on someone’s property due to negligence, call our personal injury lawyers at (949) 691-3660 for a free consultation. You can also fill out our contact form.