If you’ve suffered an injury on another person’s property in California you may be entitled to compensation under premises liability law. Whether it was a business, apartment complex, or public venue, property owners and managers have a legal duty to maintain safe conditions for visitors. When they fail to do so, and someone gets hurt, a California premises liability lawyer can help.
At Nadrich Accident Injury Lawyers, our experienced premises liability attorneys are committed to helping injury victims recover the compensation they deserve after a premises liability accident on someone else’s property. We understand the complexities of these cases and are prepared to advocate vigorously on your behalf.
Since 1990, Nadrich Accident Injury Lawyers has represented injury victims throughout California and recovered over $750,000,000 for our clients. We operate on a contingency fee basis, meaning that you do not have to pay us unless we win!
Past results do not guarantee future outcomes. Each case is unique and results depend on its specific facts.
Contact us today at (800) 718-4658 to schedule a free consultation and take the first step toward securing the compensation you deserve.
What is Premises Liability Law?
California premises liability law holds property owners accountable for injuries that occur on their property due to unsafe conditions. California Civil Code Section 1714 states that everyone is responsible, not only for their own willful acts but also for any injuries caused by their failure to exercise ordinary care in managing their property. This legal doctrine applies to various types of properties, including private residences, commercial establishments, and even public spaces.
To establish a premises liability claim, the injured party must prove that the property owner was negligent in maintaining the property, leading to the hazardous condition that caused the injury. This involves proving that the owner knew or should have known about the dangerous condition and failed to address it appropriately. Only then, the injured party can file a claim and recover damages like medical costs, lost wages, and pain and suffering.
Common Types of Premises Liability Claims
Premises liability claims can arise in a variety of locations such as retail stores, hotels, office buildings, apartment complexes, amusement parks, and more. Property owners must take reasonable steps to maintain safe conditions for lawful visitors. The following are common types of premises liability claims:
Negligent Security
Negligent security claims arise when a person is assaulted, robbed, or otherwise harmed due to a lack of reasonable safety precautions. Property owners are responsible for providing adequate security measures to prevent foreseeable crimes, especially in areas with a history of criminal activity. Failure to implement proper lighting, surveillance, or security personnel can lead to inadequate security incidents such as assaults or robberies, all of which can be classified as property owner’s negligence.
Slip and Fall Accidents
Slip and fall accidents are one of the most common types of premises liability claims, because they can occur anytime and anywhere. Due to the susceptibility of slip and fall accidents, property owners must inspect their premises regularly and address hazards such as wet floors, uneven surfaces, loose carpeting, and poor lighting.
However, it is important to note that for a slip and fall case to succeed, premises liability victims will need to prove that the property owner either caused the hazard, knew about it and failed to fix it, or should have known through reasonable inspection.
Construction Site Accidents
Construction sites present a number of inherent dangers to both the workers and the people passing by. From falling objects to unmarked hazards to inadequately implementing safety railings on elevated platforms, construction site accidents can generate a variety of personal injury claims if property owners fail to establish the necessary safety precautions. However, depending on the nature of the accident, other responsible parties such as the subcontractors and developers may share some liability.
Elevator and Escalator Accidents
In situations where people are injured by sudden drops, defective doors or other elevator malfunctions, it’s important to speak to a California elevator accident attorney. If you’re injured due to abrupt stops, broken steps or other escalator hazards, then you may want to consult with an escalator accident lawyer to figure out who may be responsible.
These kinds of accidents can be life-threatening and lead to crushed limbs, falls, or entrapment. Liability may seem straightforward in some elevator and escalator cases, but these claims can become more complex when maintenance companies, installers, or manufacturers are involved. Depending on the severity of the accident, victims can file a claim to recover damages such as medical bills, lost wages, and even wrongful death damages if it involves a fatality.
Amusement Park Accidents
Amusement parks accidents can happen on rides, walkways, parking areas, or other areas of the property. Due to the sheer size of amusement parks, these establishments are required to uphold the highest safety standard possible or else they can become liable for unsafe conditions and property negligence.
Should someone become injured for any of the following causes, it is recommended to seek medical attention and consult with a skilled attorney.
- Mechanical failure of rides
- Inadequate ride supervision
- Poor maintenance of walkways or facilities
- Failure to warn about ride restrictions (e.g., height, medical conditions)
Airbnb and Vrbo Accidents
Airbnb and Vrbo accidents can occur when hosts fail to keep their rental properties safe.
Airbnb and Vrbo both provide hosts with $1 million in liability insurance. This insurance protects hosts in the event that renters are injured.
However, when injury victims try to handle these insurance claims by themselves, they often find themselves facing denied claims or undervalued settlement offers.
Insurance companies may dispute liability, deny claims, or offer settlements that do not fully reflect the extent of a victim’s losses. An attorney can help evaluate the claim, negotiate with insurers, and pursue compensation through litigation when necessary.
Common Types of Injuries in Premises Liability Claims
When it comes to the most common types of injuries in premises liability cases, injuries can range from minor to severe. However, from what is commonly seen in most premises liability accidents, head injuries, spinal cord injuries, burns, and broken bones are some of the most prevalent. While every accident is different, it is always recommended and urged to seek medical assistance no matter how minor the injury is.
Before filing a premises liability claim, it is important to understand the severity of your injuries and how they may affect your daily life. Should there be any hesitation or confusion regarding the matter it is best to consult with an experienced premises liability attorney who can carefully go through all of the details and help you get a better understanding of the situation.
How Much Does a California Premises Liability Lawyer Charge?
Most premises liability lawyers either charge hourly or operate on a contingency fee basis. For those who operate on a contingency fee, this means that clients won’t have to pay any upfront fees for an attorney’s legal services.
Instead, the attorney receives a percentage of the settlement or verdict amount only if they win the case. Typically, this fee can range from 25% to 40%, but it will depend on the complexity of the case, whether it goes to trial, and the attorney’s skill and years of experience.
Nadrich Accident Injury Lawyers are Here to Help
If you have been injured on someone else’s property due to the owner’s negligence, you may be eligible to file a claim and recover damages for your injuries. At Nadrich Accident Injury Lawyers, we understand the physical, emotional, and financial toll that an injury can take on you and your family.
Our dedicated team of premises liability attorneys is committed to providing personalized legal representation to help you navigate the complexities of your case. We operate on a contingency fee basis, meaning that you pay nothing unless we win.
Contact us today at (800) 718-4658 or fill out our quick contact form to schedule a free consultation and take the first step toward securing the compensation you deserve.
Frequently Asked Questions About Premises Liability Cases
What Steps Should I Take to File a Premises Liability Claim?
If you have been involved in an accident on someone else’s property, it is important to follow these steps to properly file a premises liability claim:
- Seek medical attention.
- Report the incident to the property manager or business.
- Take photos of the scene, including any hazards, lighting conditions, or warning signs.
- Get contact information from anyone relevant to the accident.
- Avoid making statements to insurance companies before consulting an attorney.
- Contact a premises liability lawyer as soon as possible to protect your rights and begin building your case.
What if I Was Partially At-Fault for the Accident?
According to California’s comparative negligence rule, accident victims can still recover compensation even if they were partially at-fault. However, the awarded compensation will be reduced based on the percentage of their fault. For example, if the victim was found to be 20% at fault and was awarded $100,000, they would receive $80,000.
How Much Can I Recover in a Premises Liability Claim?
The compensation you may receive for a premises liability claim depends on various factors, including the severity of your injuries, the amount of liability, medical expenses, lost wages, and pain and suffering. An experienced attorney can help evaluate your case to estimate potential recovery.
Can I File a Claim if I Was Trespassing?
Generally speaking, trespassers are not owed a duty of care by property owners and cannot file a claim. However, there are exceptions to the rule that can allow a trespasser the ability to file a claim and recover compensation. The most prominent exceptions are if the trespasser is a child and injured themselves on the property or if the trespasser suffered an injury due to a trap set by the property owner, then they can file a claim to recover compensation.
