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Premises liability is the responsibility that property owners have to safely maintain the premises of the properties they own. When a victim is injured because a property owner failed to maintain a safe area, he or she can seek compensation for his or her medical bills, lost wages, and pain and suffering damages through a premises liability claim.
Not every injury victim is entitled to recover compensation. Historically, trespassers generally could not recover compensation for their damages. In cases where the injury could not be prevented and those that arise from the victim’s own willful actions, the property owner is generally not liable for the victim’s damages, subject to several exceptions.
Types of Premises Liability Accident
Whenever a preventable accident occurs on private property, the victim can seek compensation for his or her damages through a premises liability claim. In California, the statute of limitations for personal injury claims is two years from the date of the accident or the date of the injury’s discovery.
Premises-related accidents that can result in injuries include:
- Preventable slip and fall accidents
- dog bite attacks
- Electrical injuries
- Impact with a falling or projectile object
- Exposure to toxic substances
- Injuries related to swimming pools and other bodies of water
When a building is under construction, construction safety hazards can stem from insufficient safety measures in place by the construction crew. Similarly, a public building’s owner or lessee can be liable for damages that could have been prevented by greater security measures.
Who is Liable for an Injury that Occurs on Private Property?
The property’s owner is liable for any victims’ damages that occur because of accidents that they should have anticipated and taken reasonable care to prevent. When a property is leased by a business owner, the business owner may be liable for victims’ damages related to injuries at the property, depending on the circumstances behind the victims’ accidents.
Whether an accident could have been prevented if the property’s owner took reasonable care to fix the hazard that caused it is an important component of any premises liability claim. When a hazard cannot immediately be repaired or removed, the property owner or manager must clearly, conspicuously warn all social and business-related guests of the hazard.
For example, when a visitor falls on a broken step and suffers an injury, the property owner is liable for the victim’s damages because they reasonably should have known about the broken step. In contrast, when an individual spills liquid on the floor and then slips and falls in it a moment later, the property owner is generally not responsible for compensating the victim’s damages.
Work with an Experienced Irvine Premises Liability Lawyer
If you were injured in an accident that a property owner could have prevented by taking greater care, you could be entitled to recover monetary compensation for your resulting damages through a premises liability claim. To learn more, contact our team of premises liability lawyers at Nehora Law Firm today to schedule your free consultation with us.
When we talk about premises liability cases, we refer to properties – whether owned by a business or otherwise – that have, whether through negligence or intent, caused injury to innocent bystanders. A business that owners, leases or controls a property is obligated to keep their property in a reasonably safe condition. An individual may be injured on property or the site of the property; the cause of the injury being either the property or the land area that comes with the property. At Nehora Law Firm, our premises liability lawyers can help you recover damages from injuries directly attributable to these properties – from both economic and noneconomic causes.
If you have been injured on property or adjacent land, you may be entitled to compensation. Damages may come about because of pain and suffering, medical expenses, loss of income or other property damage. We have helped clients throughout Orange County recover lost damages for a wide variety of cases. If you’re unsure whether you have a case, fill out our online form today and one of our personal injury attorneys will get back to you very shortly with a free consultation. That being said, we can summarize how premises liability cases may come about. These causes include, but are not limited to:
A property is made unsafe due to a slippery surface
Failure to maintain the surrounding area
Lack of adequate warnings regarding safety hazards
Failure to make necessary repairs
A property owner permits his/her dog to injure another person
Failure to observe necessary safety precautions on construction work sites
Restaurant or nightclub personnel (e.g. a bouncer) injures a patron
One of the key elements of a premises liability case is proving responsibility. It must be shown that the property owner could have prevented an accident from taking place; not only through direct prevention but also through better safety standards, too. There are innumerable types of premises liability claim. Below, we review some of the most common types:
- Exposure to chemical or hazardous substances
- Insufficient and/or aggressive security
- Inadequate safety measures at swimming pools
- Falls on wet, slippery, ice or uneven surfaces
- Dog bite accidents on owner’s premises
- Insufficient fire hazard warnings
- Neglect, recklessness or intent by a third-party
Of course, this list is by no means exhaustive. For example, personal injury may also be caused through fires or explosions; causing both personal and material damage. Our premises liability lawyers help you determine whether you have a case and, if so, what compensation you’re entitled to. Of course, the precise value varies on a case-by-case basis, but it typically includes medical expenses, loss of income, loss of quality of life, amongst other factors. We will assess your case for all possible sources of damage/loss; maximizing your potential compensation.
Determining responsibility and protecting your rights can, in some premises liability cases, prove to be a complex task. There are many factors to consider; such as whether you were legally on the property in the first place etc. Nonetheless, with the relevant evidence to hand, our personal injury lawyers can establish a case in your favor. Consulting a knowledgeable and experienced attorney is, then, of paramount importance. Injuries sustained on another property should not be the cause of economic distress. Our attorneys can alleviate this burden and, through compensation, improve your quality of life.
At Nehora Law Firm, our premises liability lawyers can help you recover compensation. Receive a free consultation today by filling out our online form. Alternatively, you can call us at 949-629-4349 and one of our attorneys will get back to you very shortly. We have helped clients throughout Orange County recover lost damages – whether through medical costs or through property damage. With our assistance, we can carve out a successful legal path to negotiate and settle in your favor.
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