Maison Law helps injury victims in Modesto. No matter where you are in Modesto, there are expectations for safety–whether you’re at a store, restaurant, or even a relative’s home. Owners and managers are legally responsible to ensure your safety. Unfortunately, this doesn’t always happen. When you’re hurt, contact us for a free consultation to learn how we can help you.
When Do You Need a Lawyer?
Figuring out whether or not you need a lawyer in these types of situations depends on what happened. Hopefully, your accident or injuries were minor, and won’t require legal action. That said, you can get seriously hurt when a property owner or manager doesn’t do what they’re supposed to do. If you were injured on someone else’s property, like in a store or a home, you might have a case.
If you do need a lawyer, we can assist you by:
- Examining what happened
- Clarifying your rights and options
- Collecting crucial evidence
- Identifying who should pay you for your injuries
- Streamlining the legal process
Remember, it’s a legal responsibility for businesses and property owners in Modesto to maintain safe environments. If they fail to do so and you’re injured as a result, they could be held liable.
What Do You Need to Do After a Premises Liability Accident?
At its core, a premises liability claim is still an injury claim. As such, your actions–or lack thereof–are going to be very important to how your claim plays out.
The first thing you need to worry about is the circumstances. For instance, if you were in an area where you weren’t supposed to be (like an employees-only section) or were trespassing, property owners may not owe you the same duty of care. This could impact the amount of financial support you receive based on your level of fault. You can still file a claim, though, so that’s why it’s important to know what to do so you can protect your claim:
- Get medical care – Your health is always the top priority, so when you’re hurt, get medical care right away. You can do this by calling 911 for an ambulance, but you can also ask someone in charge of the property to give you first aid.
- Report the accident – At the same time that you get medical care, let the property owner, management, or staff know about what happened and request a written report. This documentation helps verify your claim.
- Take photos and videos – Documenting the accident scene is also very important. Take pictures and videos of any hazardous conditions and your injuries. Visual evidence can strengthen your case.
- Be careful – Be cautious when talking to insurance companies or property owners. You should also keep from posting about the accident on social media. Consulting with our lawyers first can help you navigate these conversations safely. What you say and do is going to impact your case in one way or the other.
Any accident situation where you or a loved one are injured is unfortunate, but if it comes up because of a property owner or management’s negligence, it’s also deeply frustrating. Most likely, it could have been avoided. This doesn’t change the fact that you’ve been damaged–or does it change the fact that you have legal options.
What Are Your Legal Options For a Premises Liability Claim?
Your main legal protection against negligence during a premises liability accident is the ability to file an injury claim, either outside of court or inside the court system. Specifically, you can recover “damages” by filing:
- An insurance claim
- A personal injury lawsuit
Procedurally, these two options are very similar. Basically, you formally request your damages by filing your claim through submitting an insurance claim to the responsible party’s insurance company or by filing your lawsuit in civil court. From there, investigations into what happened will begin, evidence will be exchanged, and eventually, you’ll either be offered a settlement or your claim will go all the way to trial before a judge and jury.
Regardless of which option you choose, putting together a strong claim is vital for your recovery. A strong claim can help you recover damages like:
- Medical expenses – These cover the costs of your medical care, like hospital bills, surgeries, prescribed medications, and therapy sessions that help you recover.
- Lost wages – If your injury stops you from working, lost wages gives you financial considerations for the income you can’t earn while you’re recovering.
- Property damage – If your things were damaged in the incident, this pays to fix or replace them. This can include things like your phone, glasses, clothing, and any other personal property.
- Pain and suffering – These damages are related to the physical pain and mental anguish caused by your injury. It also includes any loss of joy in life that happened because of the accident. You can get separate damages relating to the emotional distress.
- Loss of enjoyment of life – This gives you financial support for any ways your life quality has decreased due to the injury. It includes not being able to do activities you used to enjoy or having difficulties in your relationships.
- Punitive damages – These are given in cases where the defendant acted very negligently or on purpose. They’re meant to punish the responsible party and stop them from doing it again.
In California, you have a two-year window from the accident date to file your claim. Missing this deadline can prevent you from seeking these essential damages. But there’s another, equally important aspect of your claim: figuring out who pays for your damages.
Who Pays For Your Damages in a Premises Liability Claim?
A huge benchmark for your premises liability claim is figuring out who pays for your damages. It tells you who you’ll be filing against. Legally speaking, the standard for establishing this “liability” is the same as any other injury claim–negligence.
This means showing a few things:
- Duty of care – This means property owners must take careful steps to keep their premises safe and prevent harm to visitors.
- Breach of duty – This happens when property owners fail to meet their responsibility to maintain a safe environment, like ignoring hazards or not following safety rules.
- Causation – This means proving that the property owner’s actions directly caused your injuries or made them likely to happen.
- Damages – To show negligence in a premises liability claim, you need evidence that you were harmed, often with medical records and receipts for expenses related to your injuries.
Once negligence is proven, you have established who has to pay for your damages. While every case is different, this responsibility in a premises liability claim can include any of the following:
- Property owners or management companies
- Landlords
- Tenants or renters
- Other guests or shoppers
- Product manufacturers
- Security or maintenance workers
- Local or state government agencies
Understanding who you need to file your claim against is a very important aspect of your case. But figuring out how much you can recover in damages depends heavily on how the accident happened, and how hurt you are.
What Are Some Common Premises Liability Accidents?
Once you’ve proven negligence, you’re closer to identifying who’s responsible for the accident and who should pay for the costs. However, the specifics depend on where the accident occurred. Modesto is a large city with a wide range of businesses and activities, which means incidents can happen in various places, such as:
- Parking areas and structures
- Corporate buildings
- Theme parks
- Restaurants and bars
- Private homes
- Grocery stores
- Big box stores
- Job sites
- Common areas at apartment complexes
- Hotels and resorts
- Rentals through Airbnb or Vrbo
- Accidents at the Stanislaus County Fair
- Accident at John Thurman Field Baseball Games
Obviously, there’s a wide range of areas where you can get hurt, and a seemingly wider range of potential accidents, especially when negligence is involved. Most of the time, though, you can expect to be facing things like:
- Slips, trips, and falls
- Dog bites and animal attacks
- Drowning or near-drowning
- Falling objects
- Criminal acts like assaults or robberies that come about because of negligent security
- Fire accidents leading to burns
- Electrical accidents leading to shocks or electrocutions
Frequently Asked Questions
How long do I have to file a premises liability claim?
You have two years from the date of the accident to file your claim
How much can I get in a premises liability claim?
This depends on the circumstances and how extensive your injuries and other losses are. Generally, putting together a strong claim after more extensive injuries gives you a better chance at recovering what you’re owed.
Can I file a premises liability claim if the accident was on private property?
Yes. All property owners in Modesto, whether public or private, have a duty to keep you safe if you’re legally allowed there. This kicks in on private property if you are invited by the owner.
Contact Maison Law After a Modesto Premises Liability Accident
At Maison Law, we understand the challenges of recovering from injuries sustained in premises liability accidents caused by negligence. Our experienced team of Modesto premises liability lawyers is prepared to provide assistance and guidance regardless of the circumstances. Contact us today for a free, no-obligation consultation to discuss your case and options.
