Maison Law helps anyone that’s been injured in an accident in San Luis Obispo. When you’re out in San Luis Obispo, you have certain expectations when it comes to your safety. Unfortunately, accidents can happen anywhere in San Luis Obispo, from a local store to a public sidewalk. Property owners have a duty to keep you safe while you’re on their premises, and when they fail to do so, you have legal rights and we can help you. Contact us today for a free consultation to learn more.
Do You Even Need a Lawyer After a Premises Liability Accident in San Luis Obispo?
Getting injured is never ideal, especially when you’re just out shopping or walking around San Luis Obispo. So, when you get hurt, you might be wondering if you even need a lawyer’s help.
The answer depends on your circumstances. If your injuries are minor, you probably don’t need to hire a lawyer. However, if you’ve been seriously injured or have questions about liability, working with our team at Maison Law can be very beneficial to you. Our firm will:
- Explain your legal rights and options
- Look into the accident to figure out who’s at fault
- Help you with gathering crucial evidence
- Negotiate with insurance companies
While you have a responsibility to be cautious, businesses and property owners in San Luis Obispo must keep their property environment. If they fail to do so, you have options, but it’s important to know how the legal process works.
Who Pays For Your Damages in a San Luis Obispo Premises Liability Accident?
When there’s an accident in San Luis Obispo, someone is responsible. But the type of accident matters, too. Premises liability is a legal concept that holds property owners or managers responsible when their negligence leads to an accident on the property that hurts you or someone else.
What’s more, these types of accidents can happen in a wide variety of locations throughout city, like:
- Grocery and retail stores
- Office buildings
- Restaurants and bars
- Private homes
- Apartment complex common areas
- Parking lots and garages
- Construction sites
- Hotels and resorts
- Event venues
- Rental properties like Airbnbs or Vrbos
But again, negligence is the determining factor in “liability,” or the legal responsibility for paying for injuries and other losses from the accident. Although property owners or managers usually hold the majority of the liability, responsibility can also extend to other parties involved. In many accidents, this may include:
- Individual employees
- Other individuals
- Homeowners or landlords
- Product manufacturers
- Contractors
- Tenants
- Event organizers
- City, county, or state government agencies
Once negligence is established, you can identify who is at fault and who is responsible for covering the costs of your accident. However, liability depends on the specific circumstances of the accident. But in order to actually recover your damages, you have to go through the claims process.
What Are Your Legal Options After a Premises Liability Accident in San Luis Obispo?
As an injury victim, it can be challenging to know what steps to take after an accident, especially in a premises liability case. These accidents can happen almost anywhere in San Luis Obispo, including on public property. The injuries you sustain can range from minor bruises to severe head injuries or burns. However, when your injuries result from someone else’s negligence, you have legal options. Specifically, you can file a claim to recover damages. Typically, you can do this by:
- Filing an insurance claim
- Filing a personal injury lawsuit
Both options follow similar processes, but there are key differences. An insurance claim is handled outside of court and is generally less formal. A lawsuit, on the other hand, is more time-consuming and requires more effort, but it often provides a fairer resolution. The ultimate goal of either approach is to recover damages such as:
- Medical expenses, which cover costs for treatments like hospital stays, surgeries, medications, therapy, and ongoing care.
- Lost wages, which covers any income you’ve lost if your injury prevents you from working. It also covers lost earning potential.
- Property damage, which gives you financial support for repairing or replacing damaged property from the accident.
- Pain and suffering, which gives you financial support for the physical pain and mental anguish
- Emotional distress, which covers costs related to the emotional toll the accident has on you.
- Loss of enjoyment in life, providing financial support relating to your diminished quality of life or negative impact on your personal relationships.
In California, you have two years from the date of the accident to file your claim. If you miss this deadline, you won’t be able to file a claim or receive any of these damages, no matter how strong your case is.
What Are Some Common Premises Liability Accidents in San Luis Obispo?
With so much to explore in San Luis Obispo, it’s not surprising that premises liability accidents can occur frequently. Understanding that these accidents stem from unsafe conditions is one thing, but it’s also important to know what types of incidents fall under “premises liability.”
Most of the time, a premises liability accident in San Luis Obispo involves:
- Slip and falls – These are often caused by slippery floors, uneven surfaces, poor lighting, or lack of handrails, leading to injuries like fractures or sprains.
- Dog bites – Property owners can be held responsible if their pets attack visitors, resulting in injuries like bites or severe aggression.
- Drownings – Not having enough safety measures around pools or ponds can lead to drownings or near-drownings, resulting in serious injuries or death.
- Stair accidents – Poorly maintained or defective stairs can cause falls that lead to significant injuries, such as broken bones.
- Falling objects – Items that are not properly secured or placed in unsafe areas can fall, causing injuries that range from minor cuts to severe head trauma.
- Negligent security – Lacking security measures, like poor lighting or lack of surveillance, can lead to assaults or robberies, resulting in physical injuries or emotional trauma.
- Injuries from fires – Similarly, lacking fire safety measures, malfunctioning alarms, or improper storage of flammable materials can cause fires, leading to burns or smoke inhalation injuries.
Again, what makes these accidents so difficult is that they can happen virtually anywhere. At the same time, these accidents can still happen suddenly–even when negligence is in play. So, when you’re hurt in one of these accidents, you need to know what you can do to protect your claim.
How Can You Protect Your Claim After a Premises Liability Accident?
Facing an accident that comes up because of negligence on the part of a property owner or management in San Luis Obispo might give you legal rights, but it’s still immensely frustrating. Not only are you hurt, but the accident itself was probably preventable. While the law is on your side in terms of being able to file an injury claim, it doesn’t automatically grant you your damages. You have to do what you can to protect your claim, and this starts right after the accident happens. So, here’s what you can do:
- Get medical help – Your health comes first. Call 911 for emergency assistance and ask someone in charge, like an employee or manager, for first aid. Quick medical attention not only aids your recovery but also documents your injuries.
- Report the accident – While you’re receiving care, let the property owner, manager, or staff know about the accident. Ask for a written report to document what happened–this will support your claim. It’ll also serve to put the owner or management on notice of the hazards and should prompt them to fix the issue.
- Get evidence from the scene – Take pictures and videos of the accident scene, including any hazards and your injuries. This evidence helps show what caused the accident and strengthens your case.
- Be careful with statements – Don’t talk about the accident on social media, or with anyone else in a public forum. If you talk with insurance companies, make sure to stick to the facts of what happened. What you say can be used against you, so it’s important to be cautious.
Every situation is different, but these steps will protect your rights and strengthen your claim against the property owner’s attempts to try to reduce their liability. Aside from that, taking care of your health and safety should be your priority, and our team can help you support your legal claim.
Frequently Asked Questions
How liable is the property owner if they aren’t actually there when the accident happens?
They’re still fully liable. As the property owner, they have a legal responsibility to keep their areas safe, whether they’re there or not. This includes doing regular checks for hazards and responding to any complaints or issues.
Can I still file a claim if I’m at a store, but am hurt in the parking lot?
Yes. The question isn’t whether you have the right to file a claim, but who is responsible for the parking lot. If it’s owned by the store, the store is responsible. If it’s the parking lot in a shopping center with many different stores, it’s usually the city or private company that manages the parking lot itself.
Is there a deadline to file a premises liability claim?
Yes, in California you have two years from the date of the accident to file your claim after a premises liability accident.
Experienced San Luis Obispo Premises Liability Lawyers
No matter where you go or what you’re doing in San Luis Obispo, you can fall victim to negligence on the part of a property owner or its management. While this can leave you injured, you’re not without options. Our team of experienced San Luis Obispo premises liability lawyers at Maison Law can guide you through the claims process and make sure you have what you need to make a recovery. Contact us today for a free consultation to get started.
