Premises Liability
Southern California Premises Liability Expertise
When you've been hurt on poorly maintained or dangerous property, a SoCal premises liability lawyer can help you to determine the best way to go about filing an injury claim to receive compensation for any medical bills or lost wages.
Personal injury accidents can often be avoided if a property owner practices regular maintenance and takes adequate precautions to avoid hazardous conditions. When a property owner fails to meet a reasonable standard of care, he or she can be held liable for any injuries sustained on his or her property. If you have been injured in an accident or crime that occurred on unsafe on unmaintained property, you may be entitled to financial compensation for your pain and suffering and other losses. To find out whether you have a viable claim, you should contact an experienced California premises liability lawyer as soon as possible. Time is a factor, particularly in regard to finding and preserving evidence needed to prove your claim, so don't hesitate to consult with a dedicated personal injury attorney. Our offices are located in Santa Clarita and Valencia, California, but are available for you virtually from anywhere and at anytime.
WHAT IS PREMISES LIABILITY?
Simply put, premises liability refers to the legal responsibility a landowner or property owner has for any accidents or injuries that occur on his or her land or property. Homeowners, business owners, and other property owners are responsible, to some degree, for the safety of visitors and guests. If hazards exist due to negligent maintenance or the failure to quickly remedy a known problem, a property owner may be held financially responsible for any injuries that occur on their premises. Our Southern California premises liability attorneys can negotiate with insurance companies and the other responsible parties in your civil suit to gain a favorable settlement or aggressively litigate your case to win the maximum damages allowable under California law. We have represented numerous victims, or plaintiffs, who were harmed in an accident or crime on unsafe property.
There are any number of instances that can lead to injury and a strong and successful recover. For example, poor lighting and lack of security are frequently linked to the risk and occurrence of violent crimes. Hazardous conditions (such as obstructed walkways, slick and hazardous surfaces, broken stairs, or a lack of handrails) can lead to major physical injuries. Our Southern California area personal injury attorney is trained in negotiation skills and courtroom experience. We work tirelessly and can fight to earn you the compensation you require and deserve.
The Importance of a California Personal Injury Attorney
A premises liability lawyer based in Southern California is dedicated to helping clients achieve full compensation in a variety of premises liability cases. Our firm has a comprehensive understanding of the State of California and local building codes and laws pertaining to premises liability, and he can review all of the facts of your case in the search for every available avenue for a claim. Commonly occurring incidents include, but are not limited to:
- Slip and Fall Accidents
- Swimming Pool Accidents
- Supermarket and Big Box Store Accidents
- Hotel Accidents
- Elevator Accidents
- Construction Site Accidents
- Parking Lot Accidents
- Commercial Property Accidents
- Private Property Accidents
Statute of Limitations for California Personal Injury Claims
All 50 states have statutes of limitations that applies to any personal injury claim. This means that you must file your claim within a certain period for the claim to be considered valid and proceed. In California the statue of limitations for personal injury claims — and most other civil claims — is two years.
Defenses to Slip and Fall Claims
The two most common defenses in premises liability cases are lack of notice and comparative Negligence. Lack of notice is a sound legal defense doctrine that says if the plaintiff, the injured party, cannot prove that the property owner knew about the defensive condition or reasonably should have known, then they cannot be held liable. This often comes up in the context of slip-and-fall cases.
The defense of comparative negligence also applies in premises liability cases. This means that if a party is seen at fault for their own premises liability injury, the Court or Jury will reduce the award of the Plaintiff by the percentage that he is found to be at fault barred from recovery. This often occurs when someone knew or should have known that a defect was present and failed to do anything about it.
For example, if someone saw water on the floor earlier in the day and came back to the same place and then fell on the water on the floor, that could be comparative negligence. The defense attorney could argue they contributed to their own fault. Another example is someone doing something reckless such as running through a hallway, turning a corner too fast, running into an obstruction they do not see. In that case, they may have contributed to their own injury by running instead of walking as normally would be expected, and that would be subject to a comparative negligence defense as well.
Contact Miller Wilmers APC
If you have suffered injuries as a result of a property owner's negligence, you have the right to pursue financial compensation. When you legally enter the property of a business or another individual, even for a brief moment, the law generally finds that you have a reasonable expectation to not suffer unforeseen injury. To further understand this area of the law, and to receive a thorough and honest assessment of any potential claim, contact the Southern California premises liability lawyers at our firm for a no-cost case consultation. Our attorney and support staff are well versed in premises liability law and are available to speak with you 24-hours a day, seven-days a week. You will pay nothing unless you receive compensation through settlement or court-ordered damages.
