Maison Law represents injury victims across Fresno and the surrounding area. Our experienced team of personal injury lawyers is dedicated to protecting your rights if you’re injured due to negligence, whether at a business or elsewhere. We’ll identify the responsible party and make sure they’re held accountable for your injuries. Contact us for a free consultation to learn how we can help you.
Should You Hire Our Lawyers?
This depends on your situation. A premises liability claim covers a wide range of potential accidents, injuries, and even responsible parties. At the same time, you probably only need a lawyer if your injuries are serious and long-lasting. Hopefully, your accident is relatively minor. However, in the event that you need our lawyers, we can help you in a variety of ways:
- Investigating the accident
- Explaining your legal rights and options
- Helping you gather important evidence
- Figuring out who is responsible for your damages
- Making the legal process easier for you
Basically, it’s your job to be careful and avoid dangers, but it’s the responsibility of businesses and property owners in Fresno to ensure your safety while you’re there. If you get hurt because they fail to do so, they’re legally responsible for the accident.
Liability and Negligence in a Premises Liability Case
As touched on above, premises liability refers to the legal concept holding Fresno property owners responsible for injuries or accidents caused by unsafe conditions on their property due to negligence.
In simpler terms, property owners, whether public or private, have a:
- Legal duty to ensure their premises are safe for everyone. If they fail to do so, they can be held accountable for any resulting injuries or accidents, legally termed as “negligence.”
Various situations can lead to premises liability claims, but usually they revolve around:
- Slipping and falling
- Dog bites and other animal attacks
- Drowning or other water accidents
- Stair collapses
- Falling objects
- Fire-related injuries
- Electrical accidents
- Negligent security
In cases where property owners are sued for accidents, they often argue that they couldn’t anticipate every danger. However, the law expects them to reasonably maintain a safe environment for visitors.
Proving negligence in a premises liability case involves showing:
- The property owner or management had a responsibility to keep the premises safe for visitors, based on their status as invitees or licensees.
- The owner or management knew or should have known about dangers on the property, either through awareness or reasonable inspections.
- They didn’t take proper steps to fix or warn about known dangers.
- This negligence directly caused the accident and your injury.
With this established, you’ve gone a long way in figuring out who exactly is responsible for the accident and thus has the legal responsibility for covering your damages. At the same time, you yourself may share some of the blame–a legal concept known as “comparative negligence.”
What Should You Do After an Accident?
In a premises liability claim, your actions–or inactions–will come into play. So, if you were somewhere you weren’t supposed to be (like in an employees only area) or were otherwise trespassing, property owners don’t owe you the same level of care. As such, your damages could be reduced by your percentage of fault. That’s why it’s important to know how to respond to an accident. Here’s what you should do:
- Get medical help – See a doctor right away, even for minor injuries. Keep all your medical records and bills for your case.
- Report the accident – Tell the owner, management, or staff about the accident and ask for a report. This helps prove that it really happened.
- Take pictures and videos – Capture where the accident happened, any dangerous conditions, and your injuries. These visuals can support your claim.
- Don’t admit fault – Be cautious when talking to insurance companies or the property owner’s representatives. It’s wise to consult with our lawyers first to handle these conversations properly. What you say could be used against you.
Potential injuries
As you might expect, these accidents can lead to a variety of potential injuries. Every accident is different, but you can probably expect to have to deal with the following:
- Fractures (broken bones)
- Sprains and strains
- Head injuries, including concussions
- Back and spinal cord injuries
- Cuts, lacerations, and abrasions
- Soft tissue injuries (such as bruises and contusions)
- Burns
- Electric shocks
- Traumatic brain injuries (TBIs)
- Neck injuries (whiplash)
- Internal injuries (such as organ damage)
- Amputations
- Eye injuries
- Emotional distress and psychological injuries
These injuries can vary in severity and may require medical treatment ranging from first aid to surgery, rehabilitation, and long-term care. As such, the legal process is going to be important in your recovery.
Claims Process in a Premises Liability Case
In terms of your legal options, your best chance at recovering fully from any injuries is going to require an injury claim. Typically, filing a claim against the accountable party can be done through:
- An insurance claim
- A personal injury lawsuit
Though each case is unique, the claims process generally follows these steps:
- We start with a free consultation to discuss your case and explain your options.
- If you want to proceed, we help you file an insurance claim
- We gather evidence and negotiate for a fair settlement.
- If that isn’t possible, we’ll file a lawsuit on your behalf.
- The case will wind through the court system, and while it can settle at any time, it could go all the way to trial where a judge or jury decides the outcome.
- If successful, you receive “damages.”
Damages
Your specific damages are going to be unique to your case, but there’s a set of general damages that are available to you or any other injury victim in Fresno. This usually includes:
- Medical expenses – This can cover the cost of medical treatment, including hospital bills, surgery, medication, rehabilitation, and ongoing therapy.
- Lost wages – If the injury prevents you from working, they may be able to recover financial support for lost wages or income.
- Pain and suffering – This includes financial support for physical pain, emotional distress, and loss of enjoyment of life caused by the injury.
- Loss of enjoyment of life – This covers any reduced quality of life or negative impact on your personal relationships.
- Property damage – If your personal property was damaged as a result of the incident, you can recover financial support for repair or replacement costs.
- Punitive damages – In cases of extreme negligence or willful misconduct by the property owner, punitive damages may be awarded to punish the defendant and deter similar behavior in the future.
In California, you have two years from the date of the accident itself to file your claim. Missing this deadline means you can’t file a claim and can’t recover these much needed damages.
Frequently Asked Questions
What types of accidents are covered by premises liability?
Accidents like slip and falls, trip and falls, dog bites, swimming pool accidents, inadequate security leading to assaults or robberies, and accidents caused by unsafe conditions on the property can all be considered premises liability cases.
How long do I have to file a premises liability claim in Fresno?
In Fresno, you typically have two years from the date of the accident or injury to file a premises liability claim.
Do I need a lawyer?
You don’t technically need a lawyer to file a premises liability claim, but this could impact how your case goes. Our team can improve your chances at getting a fair result.
Free Consultations After a Fresno Premises Liability Accident
Facing any injury in Fresno is difficult, but when it happens because a business or property owner didn’t do what they were supposed to do, it’s even more frustrating. Maison Law and our team of Fresno premises liability lawyers will be there to guide you through the recovery process. To get started, contact us today for a free consultation.
