Do You Have a Premises Liability Case?
Premises liability law requires property owners to maintain reasonably safe conditions and warn visitors of known dangers. The extent of this duty depends on your legal status when the injury occurred, whether you were an invitee, licensee, or trespasser. Business owners typically owe the highest duty of care to customers and other invited guests.
Common premises liability cases include slip and fall accidents on wet floors, trips over uneven surfaces, injuries from falling objects, dog bites, swimming pool accidents, and assaults due to inadequate security. Property owners may also be liable for injuries caused by defective stairs, poorly maintained parking lots, or dangerous conditions they knew about but failed to address. These incidents can happen anywhere from retail stores and restaurants to apartment complexes and private homes.
Proving Negligence in Premises Liability Cases
Successful premises liability claims require demonstrating the property owner knew or should have known about the dangerous condition and failed to take reasonable steps to fix it or warn visitors. This often involves showing the hazard existed for a sufficient time that a reasonable property owner would have discovered and addressed it. California law requires proving the property owner had actual or constructive notice of the dangerous condition.
We conduct thorough investigations to gather evidence, such as surveillance footage, incident reports, maintenance records, and witness statements. Our team works with safety professionals and other authorities to establish how the dangerous condition developed and why the property owner’s response was inadequate. This evidence is crucial for building a strong case that demonstrates the property owner’s negligence.
Comparative Negligence in California Premises Liability Claims
California follows a comparative negligence rule, which means your compensation may be reduced if you’re found partially at fault for your injury. For example, if you were texting while walking and didn’t notice a clearly marked wet floor sign, you might be assigned some percentage of fault. However, you can still recover damages as long as you weren’t 100% responsible for the accident.
This comparative fault system makes it essential to have skilled legal representation to minimize any blame assigned to you. We work diligently to show that the property owner’s negligence was the primary cause of your injuries, even if you may have contributed to the accident in some small way.
Types of Compensation Available in Premises Liability Cases
Premises liability victims may recover compensation for medical expenses, lost wages, pain and suffering, and future medical costs related to their injuries. In cases involving permanent disabilities or disfigurement, damages can include compensation for diminished quality of life and reduced earning capacity. Some victims may also be entitled to compensation for emotional distress and loss of consortium.
The amount of compensation depends on factors such as the severity of your injuries, the degree of the property owner’s negligence, and the impact on your ability to work and enjoy life. Serious injuries that require ongoing medical treatment or result in permanent impairment typically result in higher compensation awards. We carefully evaluate every aspect of your case to pursue the maximum compensation available under the law.
How Long Do You Have to File a Premises Liability Claim in California?
California law imposes strict time limits for filing premises liability claims. Generally, you have two years from the date of your injury to file a lawsuit against the property owner. However, claims against government entities have shorter deadlines, often requiring notice within six months of the incident. Missing these deadlines can result in losing your right to compensation entirely.
These time limits make it crucial to contact an attorney as soon as possible after your injury. Early legal intervention allows us to preserve important evidence, interview witnesses while memories are fresh, and ensure all legal deadlines are met. We also handle all communications with insurance companies, protecting you from tactics designed to minimize your claim.
Choose Big Joe Law for Your Premises Liability Case
Premises liability cases require skilled legal representation to navigate complex property laws and hold negligent owners accountable. At Big Joe Law, our personal injury lawyers have the resources and determination needed to take on property owners, businesses, and their insurance companies. Our recent injury settlements of $2,750,000, $2,250,000, and $250,000 demonstrate our commitment to achieving meaningful results for our clients.
We operate on a contingency fee basis, meaning you pay nothing unless we win your case. This no-fee guarantee ensures you can pursue justice without worrying about upfront legal costs. Contact Big Joe Law today at (818) 821-0026 or through our contact form to schedule your free consultation and learn how we can help you recover compensation for your premises liability injuries.
