Property owners in California are liable for accidents when they don’t take precautions to keep people safe from their actions or hazards on their land. That’s according to California Civil Code 1714. If you were injured by a property or business owner’s negligence, contact Maison Law of Visalia today for a free, confidential consultation. It’s a no-risk way to find out what your injury may be worth and how to hold a property owner fully responsible for recovery costs.
Do I Need a Lawyer After a Premises Liability Accident?
If you take a slip-and-fall at a supermarket or trip on a pothole at an apartment complex and suffer only minor aches and pain or bruising, you probably don’t need a lawyer to represent your case. But if your injury is more serious, such as a broken finger, a knee injury, or head trauma, it can truly pay to have legal representation.
When medical costs run higher, property and business owners will have corporate lawyers and insurance adjusters all working to try to escape blame for your injury. Your Visalia premises liability lawyer investigates your accident and backs your case with evidence. This keeps property owners from wiggling out of accountability and leaving you with too little support or nothing at all. Your Maison Law attorney demands the maximum in compensation available for you and your family.
California’s Premises Liability Law
Any business or property owner that invites you into a store, a business, or onto their land, must also show you a “duty of care.” It’s a legal responsibility to keep clients, customers, tenants, and all visitors safe from harm.
This duty is covered in California Civil Code 1714 :
“(a) 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 care, brought the injury upon himself or herself.”
Property owners and operators must monitor for the hazards they may have created and for the dangers that other visitors may create. Another grocery shopper may have spilled water on the floor of an aisle. Employees should be inspecting aisles routinely for these and other hazards. They should mop up or remove hazards in a reasonable amount of time and place “wet floor” signs out.
Landlords must monitor to keep pools as safe as possible and repair damaged steps on stairwells that could lead to a devastating trip-and-fall injury. They are responsible for keeping residents safe inside and outside of their apartments.
Holding Property Owners, Business Owners, and Landlords Liable for Accidents
Just because property owners are liable doesn’t mean they’ll gladly accept blame and provide the support you need. Your lawyer would be gathering all evidence available to prove their liability. This would include witness testimony and any surveillance video that caught the accident.
In premises liability cases your lawyer will be showing these factors were present in your case:
- The person who owned the land owed a duty of care to those on the property
- There was a breach in the duty of care
- The breach of duty led to the victim’s harm
- The harm resulted in damages
Provided that you were not trespassing and you were using the land as intended, you could have a claim against parties whose negligence led to your injury.
What Are the Most Common Types of Premises Liability Cases?
Anywhere you go in Visalia and Tulare County, there are premises liability hazards. They leave grocery store corporations, fun park owners, restaurant owners, property management companies, and others fully accountable for the harm that’s caused.
One of the most common types of premises liability cases is the slip-and-fall accident. Businesses fail to remove slipping hazards and tripping obstacles and allow visitors to fall and get hurt. The injuries can be long-lasting, including hip damage and brain trauma.
These are just a few of the types of premises liability and slip-and-fall cases we win for clients:
- Slip-and-falls and trip-and-falls. Puddles left to sit on the bathroom floor of a restaurant or store. A store display left to catch a foot and cause a trip. A crumbling stairstep. Potholes in the parking lot sending people falling on their faces.
- Falling merchandise. Merchandise left on the floor.
- Apartment complex accidents.
- Swimming pool accidents. A public pool may lack proper safety requirements and signs leading to someone getting hurt diving or a child tragically drowning.
- Amusement park and water park injuries.
- Burns and electrocution. Faulty wiring, hot liquids, fire injuries.
- Toxic fumes or chemicals exposure. A risk anywhere heavy cleaners and solvents are used. Pool chemical exposure.
- Negligent security liability. Poor lighting and improper security on-site are just two ways an owner’s negligence can put you at risk of an assault or robbery. Owners are also supposed to warn visitors about an increased crime threat in the area.
- Falls in public buildings or parks. The city or county government might be legally responsible for an injury.
- Accidents at Airbnb & Vrbo Vacation Rentals
A fall in a public parking garage or at the DMV can leave the City of Visalia or a county or state government department liable for a hazard. Victims must act quickly because governmental agencies enjoy special protections from lawsuits.
The normal statute of limitations for people who fall in stores or at apartment complexes is two years from the date of the accident. But for accidents involving a government agency, the deadline comes much sooner, perhaps only months. It’s critical to allow a skilled Visalia premises liability lawyer to handle these complex cases to make sure you don’t miss your deadline to earn support.
Compensation for Premises Liability Accident Victims
Maison Law makes sure property owners and company heads pay for every hardship the victim faces. Every damage must be listed in an accident claim because anything left off becomes an expense the victims would have to pay.
These and other factors would all determine how much the victim would receive in a premises liability settlement check:
- Complete reimbursement for current medical expenses and support to pay for care expected to be required in the years ahead.
- Estimated expenses for care over a lifetime for a victim with a permanent disability.
- Physical pain and emotional anguish suffered by the victim in an accident and through a difficult recovery. This can include a loss of enjoyment of life and a loss of intimacy with a spouse or partner.
- Travel costs while attending doctor visits. Transport can be expensive when victims can’t drive and may be in wheelchairs or on crutches.
- The totals on lost paychecks at work while in recovery. Any lost income expected in the future.
- Wrongful Death Benefits. Families who have lost a loved one in a California premises liability accident may file a wrongful death claim. This civil claim seeks help with funeral costs and medical expenses. It should also protect the family from economic hardships in the future when they’ll be without the financial support the deceased would have provided.
Contact a Premises Liability Lawyer Serving Visalia Victims
If you or a loved one are hurt in an accident at any business or public place, don’t count on insurance adjusters to treat you fairly. You’ll need to hold them accountable even when you have strong evidence showing a property owner or company’s negligence.
Having an experienced Visalia Premises Liability Lawyer on your side safeguards your case and helps you earn the maximum compensation available. Contact Maison Law to schedule a free and confidential case consultation to find out what your case is worth.
There’s no obligation, but if you feel Maison Law can help you earn more for your case, you don’t have to worry about having money to hire us. There are no upfront costs. We don’t get paid unless we win your case for you. Then our fee comes out of the settlement money you receive.
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