Maison Law helps anyone that’s been injured in Bakersfield. Our experienced personal injury lawyers are dedicated to protecting your rights if you’re hurt because of someone else’s negligence, whether at a business or somewhere else. We’ll find out who is responsible and make sure they are held accountable for your injuries. Contact us for a free consultation to see how we can help you.
Do You Need a Lawyer?
Premises liability claims cover many types of accidents and injuries. You usually only need a lawyer if your injuries are serious and long-lasting. If your accident is minor, you might not need one. However, if you do need our help, we can help you in several ways:
- Investigating the accident
- Explaining your legal rights and options
- Helping you gather important evidence
- Determining who is responsible for your damages
- Making the legal process easier for you
While you need to be careful and avoid dangers, businesses and property owners in Bakersfield have a legal responsibility to ensure your safety. If you get hurt because they fail to do so, they have to cover your injuries and other damages.
What Do You Need to Do After Getting Hurt?
In a premises liability claim, your actions matter. If you were in an area where you weren’t supposed to be, like an employees-only section, or were trespassing, property owners owe you less duty of care. Your potential financial recovery can be reduced by your share of fault under California’s “comparative negligence” rule. So then, it’s very important to do the right things after the accident happens. Here’s how to respond to an accident to protect your claim:
- Get medical care – Your health always comes first. After getting hurt, call 911 or get first aid at the scene. Then, see a doctor right away, even if your injuries seem minor. Keep all medical records and bills—they’re important for your case.
- Report the accident – Tell the property owner, management, or employees about the accident and ask for a written report. This proves the accident happened. It also alerts them to the issue and makes them aware of it.
- Document the scene – Take photos and videos of the accident scene, any dangerous conditions, and your injuries. You can also talk to any witnesses and get their contact information. These can help support your claim.
- Be careful with statements – Be careful when talking to insurance companies or the property owner’s representatives. Don’t say anything that could be taken as admitting fault. Talk to our lawyers first. We can help you handle these conversations properly.
An accident can happen at any time, so you have to be ready. At the same time, what separates a random accident from a potential legal claim is negligence, and figuring this part of your claim out is an extremely important aspect of your options.
Who’s Liable For a Premises Liability Accident in Bakersfield?
Whether you’re at a friend’s house or out shopping at Valley Plaza, there are laws in place to protect you. Premises liability is the legal principle that holds owners or management in Bakersfield responsible for injuries or accidents caused by unsafe conditions on their property due to their (or someone under their control) negligence.
In simpler terms, all property owners in Bakersfield, whether public or private, have a legal duty to make sure their premises are safe for everyone. If they fail to do so, they can be held accountable for any resulting injuries or accidents. This is known as “liability.”
In real-world terms, premises liability accidents can happen anywhere and cover a wide range of potential hazards, but they most often involve:
- Accidents from slipping and falling
- Incidents involving animal attacks, like dog bites
- Accidents related to drowning or other water incidents
- Collapses of stairs
- Accidents caused by falling objects or merchandise
- Injuries resulting from fires
- Accidents involving electric currents
- Injuries related to negligent or inadequate security
When property owners are sued for accidents, they often argue that they couldn’t anticipate every danger. However, the law expects them to maintain a reasonably safe environment for visitors.
To prove negligence in a premises liability case, you need to show:
- The property owner or management had a responsibility to keep the premises safe for visitors.
- The owner or management knew or should have known about dangers on the property through awareness or reasonable inspections.
- They didn’t take proper steps to fix or warn about these known dangers.
- Their failure directly caused the accident and your injury.
Liability is a huge hurdle for your case. It not only tells you who you’ll be filing your claim against, but also who has to actually pay for your damages.
What Damages Can You Get in a Premises Liability Claim?
Because they can happen anywhere, there’s a lot that can go wrong in a typical premises liability injury claim. Most of the time, though, the most consequential thing that happens is injuries. Whether you break a bone or suffer a head injury, you may be facing a long road to recovery.
California law tries to take this into account when giving you legal protections, most notably giving you the chance to file an injury claim against whoever is responsible. The point of an injury claim is to recover “damages,” and you do this by either:
- Filing an insurance claim out of court
- Filing a personal injury lawsuit
Both processes allow you access to financial support for your injuries, but it depends on how serious your injuries are and how well you present your case. With a strong claim, you can possibly recover:
- Healthcare costs, including any ongoing care needs
- Income loss or loss of earning potential
- Repair/replacement costs for any damaged property
- Costs relating to your physical pain and mental anguish
- Costs relating to your emotional and psychological distress
- Costs relating to any decrease in quality of life or relationships
- Punitive damages in cases of severe negligence
Each case varies, and results hinge on specific circumstances. The claims process can be lengthy and complex, so you need to remember to be patient. But also, you have to act within a certain amount of time to meet California’s statute of limitations. Currently, you have two years from the date of the accident to file your claim. Missing this deadline could result in missing out on your right to recover these crucial damages.
Where Do Premises LIability Accidents Happen in Bakersfield?
Again, probably the toughest thing about a premises liability accident is that it can happen anywhere. As we’ve covered already, property owners or those in charge of taking care of property in Bakersfield have a legal duty to keep you safe. But you can do a lot to protect yourself by staying alert and reporting any hazards. Still, it’s also important to look at where these accidents happen most often:
- Big box stores and supermarkets
- Restaurants and bars
- Schools
- Churches
- Sidewalks and public spaces
- Parks
- Workplaces
- Hotels
- Private homes and apartment complexes
- Rental properties through AirBNB or Vrbo
- Sporting Events like Baseball Games at Sam Lynn Ballpark
Different places have different dangers that, if ignored, can cause accidents where the property owner may be held responsible. These accidents can vary in how bad they are, from needing basic first aid to needing surgery, therapy, and ongoing care. That’s why the legal process is crucial for your recovery.
Frequently Asked Questions
What are common examples of premises liability cases?
Common examples include slip and fall accidents, dog bites, swimming pool accidents, lack of security leading to assaults or robberies, and accidents due to unsafe conditions like broken stairs or slippery floors.
Can I file a premises liability claim against my landlord?
Even if you don’t own your own property, you can still file a premises liability claim when your landlord fails in their duty to maintain it.
What if I was partly at fault for the accident?
In California, if you’re partly to blame for an accident, your damages could be lessened based on how much you’re at fault. This is known as “comparative negligence”, but you can still file an injury claim for a premises liability accident.
Get a Free Consultation After a Bakersfield Premises Liability Accident
Dealing with an injury in Bakersfield is always upsetting, but even more so when it’s due to a business or property owner’s negligence. Maison Law and our team of Bakersfield premises liability lawyers are here to support you through the recovery process. Contact us today to set up your free consultation and take the first step towards getting the help you need.
