Property owners and occupiers must keep their premises reasonably safe, and when they fail to do so, they may be held liable for any injuries. Whether your injuries were at a restaurant or a hotel, California law allows victims to seek financial compensation for their injuries and damages.
If you were injured on another person’s property, the California premises liability attorneys at the Law Offices of J.G. Winter can help. We provide high-quality representation for those suffering from injuries due to someone else’s negligence. Time is of the essence, though, as you only have two years to file a personal injury claim in California.
Property Owners Have a Legal Duty of Care
According to CACI No. 1001. Basic Duty of Care, anyone who owns, leases, occupies, or controls any property in California is negligent if they fail to keep the property in a reasonably safe condition. The law also says they must use reasonable care to discover potentially unsafe situations and repair, replace, or give adequate warning if something can cause harm.
Examples of Premises Liability Accidents in California
There are many examples of premises liability accidents that can occur. Each is complicated in its own manner, but a California injury lawyer can help accident victims recover the compensation they need.
Remember that the following examples are not the only instances where premises liability may be applicable. Swimming pool accidents, animal attacks, amusement park accidents, and elevator/escalator accidents can fall under premises liability.
Slip and Fall Accidents
When an employee mops the floor, a customer can easily slip and fall. If the employee fails to warn customers of the slick floor, the company may be liable for the individual’s injuries.
Construction Site Accidents
Any area where construction or road work is happening should always be appropriately marked to warn pedestrians. If workers fail to block off the site or alert people, the company or property owner may be responsible for any injuries.
When you stay in a hotel, you have a reasonable expectation of safety. When hotel staff members fail to provide that safety—by not repairing faulty electrical outlets or leaving hazardous materials in hallways, for example—an injury resulting from these conditions would fall under premises liability.
Parking Lot Accidents
Injuries that you sustain in a parking lot might fall under premises liability if they resulted from low lighting or inadequate upkeep.
Negligent Security Cases
While property owners have a duty of care to keep their tenants, guests, and patrons from injuring themselves, they also have to ensure that they are safe from threats. Some examples of negligent security include:
- Broken locks on a hotel or apartment door
- Inadequate parking lot surveillance
- Failure to monitor security cameras for threats
- Failure to take threats seriously
- Failure to call local law enforcement
Legally, property owners must take the necessary steps to ensure that anyone on their property is reasonably safe from any potential dangers. If guests are injured because of a security threat that could have reasonably been foreseen, a court may hold the property owner liable for injuries.
Premises Liability Accidents May Cause TBI
Not all premises liability accidents end in disaster; however, those that do may cause severe injuries, such as traumatic brain injuries (TBIs). A TBI may have devastating and long-term effects on accident victims. In many cases, a TBI is considered catastrophic.
In the realm of personal injury law, this means that a TBI may require surgical treatment and may lead to permanent disability or loss of function. Other issues that catastrophic injuries present may include:
- Being unable to work full time
- Needing medications for life
- Needing lifelong assistance, care, or accommodations
- Other lifelong effects
How Do Traumatic Brain Injuries Occur?
A TBI can be caused by a blow, bump, or jolt to the head. People can experience a TBI after:
- Slipping on a wet floor with no warning sign
- Being struck by a piece of equipment at a construction site that wasn’t blocked off
- Tripping in a poorly lit parking lot
- Falling down the stairs after poorly maintained railing gave out
TBI symptoms can be mild, moderate, or severe depending on the level of trauma to the brain. In general, victims should look out for headaches, sensitivity to light or sound, ringing in the ears, forgetfulness, and an inability to sleep. We always recommend consulting with a doctor after any head injury, as symptoms may not be immediately apparent.
Should I Hire a California Premises Lawyer?
There are many reasons why hiring a premises liability lawyer will be beneficial for your case. You can be sure that the defense will build a strong and aggressive claim, and you may not be able to defend yourself successfully.
- Avoid delays and pitfalls: Navigating any personal injury claim is challenging, and it’s easy for inexperienced individuals to make costly mistakes. Missing deadlines, giving a recorded statement to the insurance company, and discussing the injury on social media are common pitfalls victims make when they represent themselves.
- Level the playing field: Insurance adjusters know how to employ tactics that will reduce your settlement. By hiring a premises liability attorney, you level the playing field, so you won’t have to worry about being taken advantage of or intimidated into accepting a low offer.
- Account for all recoverable damages: Victims who aren’t familiar with personal injury or premises liability laws may not know all the types of damages they can receive. A seasoned lawyer will learn more about your injuries and seek to recover all appropriate compensation.
- Litigate your case: Most personal injury cases never reach trial, but it’s still essential to have a lawyer just in case it does.
Compensation You Might Be Entitled to in California
After an accident, you’re likely facing extensive medical bills, and you may even be out of work without pay. It’s normal to feel overwhelmed about how you’ll pay for everything. By partnering with a premises liability lawyer, they will fight for you to obtain the compensation you need. The Law Offices of J.G. Winter have secured payment for the following:
- Medical bills
- Pain and suffering
- Lost wages
- Future loss of income
- Medical equipment
- Physical therapy
- In-home rehabilitation
- Funeral costs
It’s also worth noting that you should not put faith in your insurance company. Many accident victims think that insurers will act in their best interests, but insurance companies are businesses that want to maximize profits. Unfortunately, this means trying to pay you as little as possible.
Contact a Skilled California Premises Liability Lawyer Today
If you or someone you love was injured on someone else’s property due to their negligence, you might be entitled to financial compensation. When you partner with Attorney Jeremy Winter, you will receive personalized services throughout the entirety of your case. He’s a fierce advocate who will aggressively pursue your claim until you receive a favorable outcome.
We have a proven track record of obtaining millions of dollars for our clients in settlement, and we pride ourselves in receiving positive recognition from our former clients. To speak with an accomplished California attorney about your claim, call (844) 734-2626 or complete a contact form.