Maison Law represents victims injured due to a premises liability in Gilroy. Premises liability is when a person, property owner, company, or government entity fails to maintain a safe environment and someone gets hurt. The Premises Liability Lawyers at Maison Law protect injured victims with expert legal support to ensure they are fully compensated. Contact Maison Law today for a no-fee, no-obligation consultation.
Do I Need a Lawyer for a Premises Liability in Gilroy?
Yes, it is recommended to consult with an attorney after suffering a premises liability injury in Gilroy. After a premises liability injury, most victims will be offered a quick settlement by the insurance company. But what most victims don’t understand is that an initial settlement offer does not typically cover the extent of your damages.
A Premises Liability Lawyer will hold the insurance company liable for the full extent of your damages if your injury caused you to need medical treatment or miss time at work. At Maison Law, we aggressively pursue compensation for injured victims:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your injuries
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your property during the accident
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
- Your mental state after a life-changing accident
What the Law Says About Premises Liability
If an individual, company, or government entity fails to exercise reasonable care over their property and someone gets injured, they can be held liable for damages according to California’s Civil Code 1714(a), which states:
“Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary car, brought the injury upon himself or herself.”
Who is At Fault for a Premises Liability?
With Gilroy being dubbed the “Garlic Capital of the World,” the people and businesses of this garlic-loving city have been hosting garlic-related events for decades. For example, the famous Gilroy Garlic Festival has become so popular that people travel from all over the world to attend. But what happens at an event this large with millions of people in attendance is that accidents can happen. So, who would be held responsible?
Depending on the details of the injury, there can be several liable parties. The most common liable parties for premise liability injuries include:
- A property owner
- A business owner
- The government
- A contractor or subcontractor
- A manufacturer of defective materials
- Building supply vendor
Liability would fall to whoever created the hazardous environment. The difficult part most injured victims run into with premises liability incidents is identifying the liable party, especially when no one wants to take responsibility. A Premises Liability Lawyer can hire investigators, speak with witnesses, and determine a liable party on behalf of injured victims to ensure their damages are compensated by those culpable for causing harm to another.
Proving Premises Liability In Gilroy
If you file a premises liability lawsuit against a property owner or corporation, you will be considered the plaintiff and the liable party would be considered the defendant. To recover damages from the defendant, you must establish the following:
- The defendant owned, leased, or controlled the property
- The defendant was careless and did not maintain the property in a safe manner
- You were harmed by slipping or falling on the property
- The defendant’s careless action or hazardous conditions caused you harm
In a premises liability case, a property owner is considered careless when they:
- Allow a hazardous condition to exist on their property
- Knew, through the exercise of reasonable care, that this condition existed
- Fail to repair the hazard, or warn others about the condition
What Should I Do After Premises Liability Injury?
If you are injured due to a hazardous condition, seek medical attention immediately. Nothing is more important than your health. After you get medical care, it is recommended to:
- Report the injury to management (if applicable). Premises liabilities require a prompt investigation, especially if they occur on property owned by a corporation. Reporting the injury will also help your case if you decide to file a premises liability claim against the property owner.
- Take your own photos of the scene and get witness statements. Hazardous conditions can be removed or remedied very quickly to prevent more accidents, so it is important for you to capture the dangerous environment while it is still there.
- Follow up on your injuries with a doctor. Any injuries you’ve sustained from your accident will become a part of your case and you will need a doctor to corroborate your injuries.
- Contact Maison Law to protect your rights to compensation. Most accident victims find themselves overwhelmed by the incident and fail to realize the enormous impact a serious injury can have on their lives. Our experienced attorneys can help you understand your legal options and get you the compensation you need to make a full recovery.
FAQs
Q: How long does a premise liability case take to settle in Gilroy?
A: The length of the case depends on the complexity. The more complicated it is, the longer it will take to resolve.
Q: How long do I have to file a premise liability lawsuit in Gilroy?
A: 2 years. The statute of limitations for filing a premise liability lawsuit in California is two years from the date of the accident.
Q: What if I can’t afford a lawyer?
A: There is no upfront money required at Maison Law. Our Premises Liability Lawyers work on a contingency fee, meaning we only get paid if we win your case for you.
Contact a Gilroy Premises Liability Lawyer
If you or a loved one has sustained injuries due to a premises liability accident in Gilroy, the skilled attorneys at Maison Law will help you recover full compensation for your damages. Navigating the legal complexities of liability law can be a nightmare for you and your family, but our firm can help.
We have years of premises liability experience and will aggressively pursue all liable parties to recover everything you are owed after being undeservedly injured. Get expert legal counsel for your premises liability injury and contact Maison Law today for a free consultation and case evaluation. No upfront money is required for our services and we won’t charge you a dime unless we win your case.
