Premises Liability Lawyers in California

You have every right to expect safety and reasonable care when you are on someone’s property. However, California property owners must protect you from hidden and apparent hazards, such as property issues that could cause a slip-and-fall accident. If you or someone you love suffered an accident on someone’s premises, a California premises liability attorney at Pointer & Buelna, LLP may be able to assist you.

What Is Premises Liability In California?

If you are injured on someone’s property in California, the state’s premises liability laws will come into play. Premises liability refers to the property owner’s legal obligation to care for and maintain the property. California property owners must use reasonable dare to maintain their property safely. This is the same duty of care that other reasonable property owners would use in the same situation. If the owner fails to show you a duty of care, they will be responsible for your injuries and damages.

California Premises Liability Laws

California Civil Code 1714 states that all property owners are liable if their lack of duty of care or skill in property management leads to injury. The critical part of the statute is the lack of ordinary care and skill. This concerns the legal definition of negligence, which is the basis of almost every premises liability claim. Negligence means a person’s carelessness that caused harm to someone. Under the premises liability laws of this state, the owner’s negligence usually describes the property’s dangerous condition. But the owner failed to take action to fix the hazard. The legal definition of negligence relates to the property owner’s duty of care. The duty of care is how much care a prudent and reasonable would engage in if a similar situation arises. Whether the owner breached the duty of care depends on the situation. What was the defect on the property? Did the owner know about it? Did the owner contribute to the hazard?

Cases California Premises Liability Attorneys Handle

Premises liability law refers to many different accidents in California. These accidents happen more often than you think. For example, did you know that slip and fall cases result in more than one million people per year going to the emergency room? The California premises liability attorneys at Pointer & Buelna, LLP have many years of litigation experience representing injured clients. We handle many types of cases, including:

Slip and fall incidents

Animal Attacks

Workplace Injuries

Amusement park accidents

Swimming pool accidents

Restaurant and store accidents

Negligent Security

Who Can You Sue In A California Premises Liability Case?

California law states that if you are hurt on someone’s property, you can usually file a claim against the owner, property manager, or others charged with controlling the property. However, the defendant’s party in a premises liability claim depends on the circumstances. Usually, the liable party is the person or firm that owns, leases, or occupies the property. Defendants in a premises liability case could include:

Landlord

Homeowner

Business owner

Renter or tenant

Property management company

Retailer

Employee

Restaurant

Proving Premises Liability

Holding a property owner or manager liable for an accident means proving premises liability. The burden of proof in a civil lawsuit is on you, the plaintiff. You and your attorney must prove the defendant was negligent and caused the accident and subsequent injuries. The burden of proof in a premises liability case is a ‘preponderance of the evidence.’ This means there is “clear and convincing” evidence that shows the other party was 51% or more at fault. During the case, your attorney must show the other party was more likely than not liable for causing your injuries.

Statute Of Limitations For Premises Liability Claims

You only have a limited time to file a premises liability claim in California. The statute of limitations for premises liability claims is two years from the date of the incident. Therefore, the claim or lawsuit must be filed within this timeframe if you want to receive compensation. If you were not aware of your injury for a period of time, the two years start on the date you became aware of the injury. Talk to a California premises liability attorney soon to ensure you meet the filing requirements.

Why Hire A Premises Liability Attorney?

A California premises liability lawyer can help you receive as much compensation as possible for your damages and injuries. These attorneys know better than laypeople what a premises liability case is worth. It means your lawyer will not shrink from a tough insurance adjuster who doesn’t want to offer a fair settlement for your painful injuries. Your attorney also may find hidden case value, such as finding evidence that others overlooked. When this happens, they may increase the payout you receive. Also, once the attorney takes your case, you do not have to worry about legal issues. Your attorney will handle everything regarding evidence collection, negotiating with insurance companies, and making the necessary legal documents and filings with the court. Last, almost all premises liability lawyers offer free consultations. You can get legal advice about the validity of the case and pay nothing. If they take the case, you will not pay anything unless the attorney wins the case.