Premises Liability

Property owners in California have a legal duty to ensure the safety of their guests by maintaining a hazard-free environment. If a property owner fails to meet this duty, they may be held liable for injuries suffered by guests on their premises. If you've been injured on someone else's property, you may be entitled to compensation for your losses. To achieve the best possible outcome, it's crucial to seek legal representation from a qualified California premises liability attorney.

 Types of Premises Liability Claims in California

There are several common types of premises liability claims that can occur in California. Understanding these types of claims can help you determine if you have a valid case. The following are some examples:

• Slip and Fall Accidents: Slip and fall accidents can happen anywhere, from grocery stores to workplaces. Factors such as wet surfaces, damaged flooring, or objects on the floor can contribute to these accidents. Slip and falls are a leading cause of serious injuries among individuals aged 65 to 84.

• Swimming Pool Accidents:Property owners with swimming pools must take reasonable measures to ensure the safety of individuals using or near the pool. This includes installing proper fencing and warning signs to prevent accidents. Failure to do so can result in the property owner's liability for any swimming pool accidents.

• Grocery or Retail Store Accidents:Many premises liability cases arise from accidents in grocery or retail stores. Slip and fall accidents are common, often caused by employees failing to place warning signs on slippery floors. Falling objects, such as items from high shelves, can also lead to injuries.

• Product Liability: In cases where a defective product causes an accident, liability may extend to the manufacturer, distributor, or other entities involved in the product's chain. Defects can include lack of safety warnings, missing user instructions, or manufacturing defects.

• Elevator and Escalator Accidents:Property owners are generally held responsible for elevator and escalator accidents. However, if the property owner has taken reasonable maintenance measures, liability may shift to the manufacturer, installer, or maintenance company if an accident occurs.
• Staircase Accidents: Property owners have a duty to maintain safe staircases, including repairing any damage. If hazardous conditions on the stairs lead to an individual's fall and subsequent injuries, the property owner may be held liable.

• Amusement Park Accidents: Amusement park owners must ensure the safety of their rides. Negligence in monitoring and maintaining rides can result in serious injuries. Liability may extend to the owner or other entities involved in the chain of product.

Parties Liable in a California Premises Liability Claim

In a premises liability claim, the at-fault party can be the person or company that owns, leases, occupies, or controls the premises where the accident occurred. Various entities, including stores, employees, homeowners, business owners, restaurants, tenants, retail centers, or property management companies, may be named as defendants in a premises liability lawsuit.

Statute of Limitations for Premises Liability Claims

In California, premises liability claims must be filed within two years from the date of the accident. Failing to meet this deadline may result in the loss of your right to pursue legal actions for damages. Exceptions to the deadline exist for minors, incapacitated individuals, out-of-state claimants, those declared legally insane, or individuals incarcerated.

Available Damages in Premises Liability Claims

Victims of premises liability accidents may be eligible to seek economic and non-economic damages. 

• Economic damages cover losses with a determinable monetary value, such as medical bills, lost wages, loss of earning capacity, and property damage. 

• Non-economic damages compensate victims for losses that do not have a specific dollar value, including pain and suffering, emotional distress, scarring, and loss of enjoyment of life.

In wrongful death cases resulting from premises liability accidents, the heirs of the deceased may file a claim for damages, including burial costs, funeral expenses, loss of consortium, and loss of financial support.

 Injury Legal Center Can Help

If you have suffered injuries due to someone's negligence or intentional actions, Injury Legal Center is here to assist you. Our dedicated team of California premises liability attorneys has the knowledge and experience necessary to help you recover the compensation you deserve for your losses.

To schedule a free consultation, please contact us using the information provided on our website or by filling out our contact form.