When you are on someone else’s property, you probably don’t expect to get hurt. Yet each year, thousands of people are injured in slips and falls and other types of accidents. If you are hurt on another person’s or business’s property, you may be able to pursue legal action against the property owner.
Walnut Creek and East Bay Area businesses have an obligation to provide safe areas for you to shop, eat and enjoy entertainment. The premises of these company’s are expected to be free from dangerous surfaces or obstacles. If danger exists, you should be notified clearly so you can avoid getting hurt. Unfortunately, some businesses do not do their duty in protecting their customers. When you or someone you care about are hurt due to this kind of negligence, you have the right to pursue damages from the responsible business.
At Appel Law Firm LLP, we have attorneys on staff to guide you through the complicated process of pursuing legal action. Our firm is committed to helping everyday people put things right with irresponsible businesses, getting them the money they need to pay for their medical care and the lost wages that often result from premises liability injuries. Contact us now to see how we can help.
What Is a Premises Liability Case?
Premises liability is a special type of personal injury law. Just as a person or business can be held liable for other types of harm that they cause (such as in car accidents), they can also be responsible for injuries that occur on their property. If you are hurt on someone else’s property, you may be able to file a premises liability lawsuit.
California’s premises liability laws are based on a theory of negligence, or carelessness. In premises liability cases, you will have to prove the following to win a lawsuit:
- The at-fault party (defendant) owned, leased, occupied, or controlled the property;
- The defendant violated their duty of care in using or maintaining the property;
- You (the plaintiff) were harmed; and
- The defendant’s violation of the duty of care was a substantial factor in causing your harm.
For property owners/occupiers, the duty of care is two-fold. They have to maintain their property in a reasonably safe condition. They also have to warn guests and visitors of any hazards that may not be open and obvious.
Under these laws, property owners are responsible for fixing or preventing dangerous conditions. They cannot simply claim that they didn’t know about an unsafe condition, such as broken stairs or loose handrails. If they can’t fix a dangerous condition, then they must warn people of the hazard.
This duty can even extend to people who come onto the property illegally (trespassers). Property owners still have an obligation to maintain their premises in a reasonably safe condition. They could potentially be held liable for a trespasser’s injuries, depending on factors such as the location of the property, the likelihood of an injury, whether the property owner knew about the danger, and whether it was foreseeable that someone would come onto the property.
Depending on the facts of the case, you may be able to file a premises liability lawsuit against anyone who owns, occupies, manages, or leases the property. This may include:
- Property owners (homeowner and/or landlord)
- Business owners
- Tenants
- Maintenance contractors
- Homeowners associations (HOAs)
- Property management companies
For example, consider a situation where you slip and fall after tripping on a loose carpet in the lobby of an apartment building. You might be able to file a lawsuit against the owner of the building, the property management company, or other parties. Our Walnut Creek premises liability attorneys can help you understand your rights and get top dollar for your losses.
Common Premises Liability Cases
Premises liability claims run the gamut from basic slip and fall cases to more complex construction site accidents or injuries at amusement parks. Our law firm handles all types of premises liability cases, including some of the more common types listed below.
Slip and Fall Accidents
Slip and fall or trip and fall accidents are the most well-known type of premises liability case. When you are shopping or dining you expect to have a safe surface to walk on. Yet, some businesses fail to mark slippery surfaces or damaged walkways. Slipping or tripping can have disastrous effects in certain circumstances, leading to broken bones, brain injuries, and spinal injuries.
Dog Bites
Dog bites are accidents that should be completely avoidable. Landlords are supposed to protect tenants by excluding dangerous breeds in the leasing process, but some fail to enforce their own rules. You may be able to pursue damages when you are bitten – either from the dog owner or from the landlord.
Negligent Security
Apartment complexes and parking garages are some of the most common areas where security is allowed to relax, either due to the carelessness of the business owner or in an effort to cut corners and save money. Unfortunately, lax security can lead to an increased risk of criminal activity, putting tenants and customers at risk.
Balcony or Porch Collapses
Balconies and porches are sometimes not built to code. If they collapse, it can lead to tragic consequences, including serious injury and even death. In these situations, the property owner and other parties can potentially be liable for any injuries that are caused by a balcony or porch collapse.
Locations of Premises Liability Accidents
- Restaurants
- Steps
- Sidewalks
- Stores
- Parking lots
- Public transit
The Bay Area offers so much to see and do for residents and visitors alike. The area has some of the best dining, shopping and entertainment in the world. From fantastic restaurants to national parks, the options are endless.
Each restaurant, shop and business has an obligation to the public to provide safe premises. All of these locations are potential places where a business or an employee can be negligent or careless, leading to dangerous circumstances. If you are hurt due to such negligence, you may have the option of pursuing legal action against the responsible party.
Determining Who Is At Fault
For you to have a successful premises liability case, you will need to prove that the business or company was negligent in its behavior, which led to your injury. The attorneys at Appel Law Firm have extensive experience in proving fault in such cases. Through investigation and witness testimony, we can examine the area where you were hurt and find the necessary evidence to demonstrate that the business was responsible. With fault proven, the court can rule in your favor and award you the damages you are entitled to under California law.
Compensation in a Walnut Creek Premises Liability Lawsuit
In a premises liability lawsuit, you may be able to recover financial compensation, known as damages, for all of your losses. This typically includes two types of damages: economic and non-economic damages. Together, they are known as compensatory damages.
Economic damages pay for your direct financial losses caused by the accident. They may include money for your medical bills, future medical treatment, lost wages, reduced earning capacity, and property damage. Depending on the facts of your case, economic damages may cover other losses as well, such as the need to renovate your house to make it accessible in situations involving catastrophic injuries.
Non-economic damages pay for losses that do not have a specific dollar value, but are no less important. They pay for things like emotional distress, loss of enjoyment of life, pain and suffering, scarring, and disfigurement. For example, if you were hurt in a dog attack, then you might have significant trauma from the incident in addition to scarring and other physical injuries.
In rare cases, you may also be entitled to punitive damages. These damages are meant to punish a wrongdoer instead of compensating an accident victim. For this reason, they are only available in cases where the property owner acted intentionally or recklessly instead of negligently.
Studies show that the best way to get maximum compensation for your injuries is by working with a skilled personal injury lawyer. Our law firm is adept at navigating complex premises liability cases, working with our clients to develop the strongest possible claim for compensation. We will fight to get you the money that you deserve for your injuries.
Typically, these claims are handled through the property owner’s insurance company. Rather than suing the defendant directly, you will generally bring a claim against their homeowner’s, renter’s, or commercial liability policy. This fact can be especially important in cases where a person is hurt on a loved one’s property, as they may otherwise be reluctant to bring a case against a friend or family member.
Our Walnut Creek premises liability attorneys will help you decide how to proceed with your case. Our goal is to help you get maximum compensation for your injuries.
Contact Our Attorneys Today
If you or a loved one has been injured in an accident, your first step should always be to seek medical attention. Let your doctor know what happened so that your injuries can be recorded after the incident. Once you are assured of your health and safety, your next step should be to contact the attorneys at Appel Law Firm LLP.
California gives you two years to file a lawsuit against a privately owned business. If you are filing against a government agency, you only have six months from the date of the injury. Please contact us now so we can get started on your case. We offer free initial consultations, so it will cost you nothing to get experienced legal advice about your possible next steps.
Based in Walnut Creek, the Appel Law Firm represents injury victims throughout Northern California. We will work with you to get you the money that you deserve for your injuries. Give our law offices a call today at 925-938-2000 or fill out our online contact form to schedule a free initial consultation with a Walnut Creek premises liability lawyer.
