Getting into an accident on someone’s property or establishment can be an embarrassing and painful experience. More than that, the accident can cause serious injuries that turn your life upside down.
California’s premises liability law allows you to file a personal injury claim for injuries sustained on someone’s property through no fault of your own.
An experienced Riverside personal injury lawyer at The JLF Firm can help you file a premises liability claim and put you in the best position to get fair compensation. Contact us to begin your case.
Examples of Premises Liability Accidents
Accidents in both public and private properties can occur due to different circumstances. However, most of them arise from a property owner’s negligence. Examples of accidents that a property owner can be liable for in Riverside include:
Slip and fall accidents
Slip and fall accidents are the most common type of premises liability accident. Each year, more than 8 million emergency room visits come from slip and fall accidents. In premises liability, many slip and fall accidents happen due to wet or oily floors, snow and ice accumulation, raised carpets, or broken handrails.
Property owners with a swimming pool on their premises have a duty to prevent pool-related injuries by fencing the pool or marking the depth. They should also install appropriate pool infrastructure, like stairs and diving boards. When they don’t, it can lead to premises liability drowning accidents.
Being attacked by a dog or any other domesticated animal on someone’s property is a premises liability accident. Usually, this happens when an owner doesn’t take reasonable steps to prevent the aggressive animal from harming others, like keeping it on a leash or in a locked humane space.
Unsolved outdoor problems on premises can cause visitors and guests to get seriously injured. Examples of typical landscape issues a property owner can be liable for include unmowed lawns, falling trees, uneven landscapes, and uncleared snow or ice.
Another possible premises liability accident is exposure to toxic fumes and chemicals such as carbon monoxide. This often happens when appliances in a property are old, haven’t been serviced, or the installation was incorrectly done.
Injuries from Premises Liability Accidents
Premises liability accidents can cause life-threatening injuries. The various personal injuries you can suffer from an accident on the premises include:
- Spinal cord injuries
- Traumatic and non-traumatic brain injuries
- Nerve damage
- Crushed or amputated limbs
- Neck injuries
- Back injuries
- Respiratory issues
- Severe burns
- Internal organ damage
- Various illnesses
There are countless other personal injuries you can suffer on someone’s property. A Riverside premises liability lawyer can help you determine if your injuries meet the threshold for a case.
Determining Liability in a Premises Liability Case
In California, both public and private property owners have a legal and moral obligation to ensure that guests, residents, or workers in their property are safe. They should do this by:
- Inspecting the property for any hazards
- Maintaining the property through regular servicing
- Fixing potential hazardous conditions
- Providing warning of dangerous situations around the property
Under the laws, property owners who fail to take these adequate steps can be liable for premises liability accidents. However, to hold them liable, you must provide evidence showing they neglected their duty of care, such as:
- The negligent owner owns, occupies, leases, or controls a specific property
- The property owner had prior knowledge of the danger but failed to take appropriate action
- The accident or harm experienced was due to the owner’s negligence
- The owner’s negligence directly caused your injuries
Remember, California premises liability laws don’t apply to personal injuries sustained from unlawful trespassing of someone’s property.
Compensation in a Premises Liability Claim
California uses the comparative negligence law to establish fault in premises liability accident settlements. In comparative negligence, parties in a case get assigned fault or blame based on their degree of involvement in the accident.
Therefore, if evidence shows you had 25% and a property owner 75% part in a slip and fall accident at their property, they will only be liable for 75% of the entire compensation awarded. The damages awarded cover:
- Medical bills and expenses (including future medical expenses)
- Personal property damages
- Lost wages (including lost
- potential future lost income)
- Rehabilitation services
- Home care services
- Other out-of-pocket expenses
- Non-economic damages (pain and suffering, disfigurement, emotional anguish)
How We Can Help
At The JLF Firm, our premises liability lawyers can work closely with you to understand the scope of harm you’ve experienced. From there, we will devise a legal strategy to help ensure you get maximum compensation for your personal injury on someone’s premises.
The key steps we take to help you win include:
- Collecting evidence to support your claim, including photographic evidence, witness statements, and recorded videos of the accident scene
- Launching an official claim and negotiating with the property owner and their insurance company for a fair settlement
- Preparing a formal lawsuit if settlement fails
- Filing the lawsuit in a court seeking to award damages
- Representing and arguing your case in court in the best possible way
We also provide a free initial case evaluation where you can talk to our Riverside premises liability lawyer and learn more about how to proceed with your case.
Get in touch with us today to discuss your Riverside premises liability case or ask any questions you may have.
FAQs on Premises Liability Cases
How long do I have to file a premises liability claim in Riverside?
The California statute of limitations allows up to two years for filing a personal injury claim from the time of the accident. If an injury takes a while to manifest, filing a claim must be one year after it’s discovered.
What steps should I take after a Riverside premises liability accident?
After a premises liability accident, seek medical treatment and gather as much evidence as possible if you’re in a position. You should also speak to a Riverside premises liability lawyer.