Premises Liability

San Diego Premises Liability Lawyer

Helping Clients Recover Maximum Compensation for Their Personal Injury Claims

California law stipulates that property owners must keep their premises safe from hazards and dangerous conditions. If a property owner fails in their legal obligation and someone suffers a serious injury, the victim may be able to recover compensation for damages through a premises liability claim.

All too often, a property owner’s negligence can result in an accident victim being forced to deal with unforeseen medical bills, lost wages, and emotional distress. In some instances, victims suffer life-changing permanent injuries that can have a devastating effect on the accident victim and their families, who are often tasked with caring for them.

Contact Finn Trial Attorneys APC today to schedule a free case evaluation. We can then determine which legal strategies best suit your needs.

What is the California Premises Liability Law?

Under California law, property owners must ensure their premises are safe and free of hazards so that visitors avoid preventable injuries. Premises liability law applies to public, private, and commercial property.

If a property owner cannot rectify dangerous conditions immediately, they must provide visitors with sufficient warning through posted signage or verbal warning. If a property owner fails in their legal duty to prevent hazards or provide an adequate warning of the conditions, they could be subject to a premises liability lawsuit.

Examples of dangerous conditions include:

  • Wet or uneven surfaces
  • Loose tiles or carpeting
  • Broken or missing handrails
  • Objects blocking store walkways
  • Failure to provide reasonable security measures

It is always best to consult a San Diego premises liability lawyer if you have questions about premises liability or whether your case qualifies to file a claim. Our lawyers have comprehensive experience helping those injured by a negligent property owner and will fight to help you receive a fair settlement.

What are Some Common Premises Liability Accidents?

Although various factors contribute to premises liability accidents, several are reported more frequently than others. Some of the most common include:

  • Dog bites
  • Sidewalk accidents
  • Swimming pool accidents
  • Amusement park accidents

However, one of the most common premises liability cases involves slip and fall accidents. Sadly, a slip and fall accident can easily result in a traumatic brain injury. If the slip-and-fall accident victim hits their head, the sudden impact of hitting a hard surface can cause the brain to “bounce” around inside the skill. As a result, the victim may experience swelling, bruising, or tearing of brain tissue.

Other common premises liability cases involve inadequate security that occurs in apartment complexes, bars, or parking lots, in which property owners or their management teams fail in their legal duty to protect visitors from foreseeable crimes or other harmful acts

What are Some Examples of Injuries Accident Victims Suffer in Premises Liability Cases?

Although premises liability cases can result in numerous types of injuries, there are several that are cited more frequently on accident reports, including:

  • Slip and fall injuries that include broken bones, traumatic brain injury, or spinal cord damage
  • Dog bites that can result in puncture wounds, nerve damage, or severe skin infections
  • Swimming pool accidents often result in drowning and loss of life or near-drowning cases where victims often suffer lung injuries, oxygen deficiency, or PTSD
  • Falling objects that can cause minor or severe injuries, including cuts, bruises, those that require long-term medical care
  • Falls from heights on construction sites that stem from loose or non-existent guardrails, poorly maintained scaffolding, or fall through hazards. Falls from heights can result in severe spinal cord damage or paralysis, head injuries, broken or fractured bones, internal organ damage, or wrongful death

Regardless of how your accident occurred, our San Diego premises law firm is dedicated to holding the property owner responsible for their negligence. When you come to one of our premises liability lawyers for help, we will help you take legal action to ensure you receive fair compensation for your injuries.

How Can I Prove a Premises Liability Claim?

If you are trying to seek compensation for a California premises liability claim, you, as the plaintiff, must prove that four legal elements exist. These legal elements include:

  • Duty of care: The property owner or management had a legal obligation to ensure that the premises were free of dangerous conditions that could pose a risk to visitors
  • Breach of duty of care: The property owner or management breached their duty of care by failing to reasonably prevent dangerous conditions, make necessary repairs, or warn visitors of potential dangers
  • Causation: As the plaintiff, you must demonstrate that the property owner or management’s negligence directly caused your injuries
  • Damages: You must be able to prove that you incurred damages due to your injuries

One of the most significant advantages of hiring a San Diego premises liability lawyer is they will gather evidence that substantiates your claim. Supporting evidence may include photos and video surveillance, witness statements, medical records, and police reports.

If you are unsure whether your premises liability case qualifies for legal action, your best option is to immediately speak with a knowledgeable attorney. It is essential to consult with an attorney as soon as possible, as evidence can quickly disappear, witnesses may be hard to locate, or their memories may fade.

What are Different Classifications for Visitors in Premises Liability Cases?

California law classifies visitors into three categories concerning premises liability claims: invitees, licensees, and trespassers. The property owner’s legal duty of care varies depending on the classification, which includes:

  • Invitees: Invitees are individuals the property owner invites onto the premises that benefit them somehow. Under premises liability law, invitees are owed the highest duty of care. Examples of invitees include restaurant patrons, contractors, or individuals visiting public property, including parks or libraries
  • Licensees: Individuals permitted on the owner’s property, such as invitees, but not for the owner’s benefit. Property owners owe licensees a duty of care to warn their guests of dangerous conditions but are not obligated to investigate underlying risks. Examples include family, friends, neighbors, law enforcement or emergency medical responders
  • Trespassers: Individuals who do not have the owner’s permission to be on their property or for an unlawful purpose. Although property owners do not owe trespassers a duty of care, they are prohibited from intentionally causing them harm

How Long Do I Have to File a Premises Liability Claim in California?

The California statute of limitations allows individuals up to two years from the accident date to file personal injury claims. Although two years may seem sufficient to file a claim, you should never wait. If you suffer injuries caused by a property owner’s negligence, you must seek legal representation immediately.

One of the key components of a premises liability case is being able to provide evidence that corroborates your injury case. All too often, evidence can quickly disappear, significantly weakening your case.

Although the two-year time limit applies to accidents on private property, there is an exception if the incident involves a government entity. In many cases, the time to file a claim is reduced to six months. If the personal injury victim is a minor, the statute of limitations clock will generally not start ticking until their 18th birthday, which ends when they turn 20.

If you allow the time limit to expire, your case will most likely be thrown out, and you will lose all legal recourse to try and recover compensation. Finn Trial Attorneys APC will assist you with your personal injury case to ensure you meet all critical deadlines. Contact our San Diego premises liability lawyers to learn more about our legal services.

What Kind of Damages Can I Recover After Being Injured on Someone Else’s Property?

If you have suffered a personal injury, you are likely worried about supporting yourself and your family. Under state law, individuals injured due to a property owner’s negligence can seek compensation for economic and non-economic damages.

Economic Damages

Economic damages compensate you for money you have paid out of pocket due to injury and may include:

  • Past and future medical bills
  • Lost wages
  • Loss of earning potential
  • Property damage

You may also be able to recover additional compensation for ongoing medical expenses for physical therapy or rehabilitation costs.

Non-Economic Damages

Non-economic damages cover intangible losses and are based on the unique facts involved in the case and may include:

  • Pain and suffering
  • Loss of enjoyment of life
  • Emotional distress
  • Permanent disfigurement and scarring

What Makes Finn Trial Attorneys APC the Best Option to Help Me File a Premises Liability Claim?

Finn Trial Attorneys APC is a San Diego law firm passionately committed to helping clients injured by a property owner’s negligence. We aim to help clients hold the property owner responsible for their actions and ensure they recover maximum compensation for their injuries.

Regardless of what type of premises liability accident you have been involved in, you must seek legal representation immediately. The insurance company may try to blame you for causing the accident to deny or reduce your claim. Our premises liability attorneys are skilled negotiators and will not allow the insurance company to try and use unethical tactics to try and deny or reduce your compensation.

Contact our law firm at 619-375-5105 to schedule a free initial consultation to learn how we can assist you with your legal needs.