PREMISES LIABILITY

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California Premises Liability

Property owners, managers, and maintenance crew are, by the nature of their positions, responsible for the safety of the property they are in charge of maintaining. When properties aren’t properly maintained, a variety of hazards can appear, including icy footpaths, broken stairs, slippery puddles, wrecked floors, and many other dangers. Any of these can lead to a slip and fall accident, trip and fall accident, or other type of injury incident.

When a person neglects to maintain a safe property or fails to quickly respond to hazardous situations, those who are injured as a result can hold property maintenance people responsible for losses. Premises liability law in California states that property owners and tenants are responsible for keeping their property hazard-free and warning others of dangers present. Property hazards often result in slip and fall or trip and fall accidents, leaving victims with severe injuries that require medical attention and long-term recovery.

If you’ve been injured due to property owner negligence, whether they did not warn of a hazardous situation or failed to repair a dangerous condition, the Anaheim California premises liability attorneys at Mashney Law can explain your legal right and options. Call us at (714) 535-5090 for a consultation.

In 2013, approximately 2.5 million nonfatal falls were treated in emergency departments. – CDC

Trips, Slips & Falls

Naturally, slipping, tripping and other falling accidents aren’t always a laughing matter. In fact, they are often dangerous. Falling accidents can actually cause serious injuries, such as traumatic brain injuries, spinal cord damage, and even death. That is why California law requires property owners to take reasonable care to ensure the safety of their premises. Unfortunately, some property owners or managers fail in this regard and the result can be catastrophic.

Who is Responsible for Premises Liability?

The degree of care a property owner is obligated to provide in California depends on the relationship of the injured person to the property. For example, a property owner may be liable if a customer is injured in their store, whereas a homeowner will not have the same responsibility to a trespasser who is injured on the premises. Here are some examples of property liability:

  • Invitees – Property owners who run a business are strictly liable for maintaining a safe environment for potential customers and visitors. Businesses must actively prevent or repair dangerous conditions in a timely manner or give clear warnings to protect against accidents.
  • Social Licensees – Social guests and visitors who have permission to enter a public property, but who are not there for business purposes can still hold the property owner responsible for accidents that occur due to unsafe conditions.
  • Trespassers – Property owners do not have a responsibility to fix dangerous conditions or provide warnings for the sake of potential trespassers. Unless the property owner has reason to believe that other people might enter the property without permission, he or she may not be liable for accident injuries that occur to trespassers.

What are Common Premises Liability Accidents?

In many cases, the owner of a property may be liable for any type of damages or injuries that occur on his or her property. Common accidents involved in premises liability cases include:

  • Trips, slips and falls
  • Dog bites and Animal Attacks
  • Assault on property/Negligent security
  • Exposure to toxic substances
  • Malfunctioning elevators

No matter what type of accident you have been involved in on another person’s property, it will be necessary to identify whether the property owner caused or contributed to the accident in the first place. An Anaheim injury lawyer can help you explore your options for legal action.

Should I Take Legal Action in California?

After you or a loved one has been involved in an injury accident, it is understandable that you may want to put the incident behind you. But in the event that you or someone you care about has suffered serious injuries, moving on simply may not be possible. Depending on the severity of the injuries, you may need to undergo costly medical treatments, miss time at work, and even lose physical or mental abilities.

When another person is responsible for such damages, it is crucial that you take legal action to not only hold the liable party accountable, but to also obtain rightful compensation. Do not forfeit your right to receive financial support. With a dedicated Anaheim premises liability attorney on your side, you will be able to focus on your recovery as your legal representative works on your behalf and handles the complex and often frustrating legal process.

Compensation for Damages in a Premises Liability Case

If you or a loved one are injured due to negligence or careless behavior of a property owner, you may be able to pursue compensation for any of the following damages, including:

  • Current medical bills
  • Future medical bills for resulting surgeries and treatment for complications of the original injury
  • Pain and suffering
  • Mental anguish and emotional duress
  • Lost wages from missed work
  • Loss of career or earning potential
  • Permanent injury or disability
  • Physical therapy and rehabilitation
  • Damages for the loss of joy of life
  • Wrongful death damages (including loss of future income and benefits, medical bills, pain and suffering of the deceased before they died, and loss of love, affection, companionship, etc.)

When to Contact an Aggressive Premises Liability Lawyer

Many property owners may try to write off slip and fall accidents as clumsiness on the part of the victim, but it is important to evaluate the evidence and determine the actual cause. If you have suffered an injury or worse due to a property owner’s carelessness, contact an aggressive premises liability lawyer as soon as possible.

The experienced legal team at Mashney Law have been successfully representing California injury victims for over 23 years. We are passionate in our mission to fight for the rights of injury victims and will take a personal interest in your case. But, it is important to act quickly, as the statute of limitations for filing a personal injury claim is limited.

Call Mashney Law today for a free consultation by dialing (714) 535-5090