Premises Liability Attorneys
Premises injuries due to hazardous conditions or negligence are not uncommon. If you or a loved one have been injured on another’s property, get a free case evaluation from an experienced premises liability lawyer at Heidari Law Group today.
When an individual is injured on another’s property, they may be able to hold the property owner liable if the accident was caused by negligence or a failure to maintain reasonably safe conditions throughout the property.
Premises liability claims don’t just arise from injuries on commercial properties such as nightclubs, brand stores, gyms, and schools, they can also be brought about by injuries on private properties such as private homes, vacant land, and apartment complexes.
Regardless of who owned the property, an experienced team of premises liability lawyers can help victims build a case and protect their rights from negligent property owners and greedy insurance companies.
Damages Recovered by Premises Liability Lawyers
A premises liability lawsuit may not be able to right the situation, but it may at least be able to help victims and their families get financial compensation for the damages they’ve suffered as a result. Compensation in these cases can often cover damages such as:
- Property damage
- Healthcare & medical bills
- Physical suffering
- Lost earning capacity & wages
- Punitive damages
- Emotional pain
Property Owner’s Duty of Care
All property owners have a general duty of care that must be upheld for visitors and other residents. When owners keep their property in relatively good condition, have records of proper maintenance, and can show a reasonable presentation of proper upkeep, it’s not difficult for their legal team to defend against a negligence claim in a premises liability case. But, when there are conditions of the property that are not being reasonably maintained and could create hazardous conditions, this can open the door for the element of negligence regarding the property owner’s duty of care to maintain a safe property.
If negligence is determined to have been involved in a premises liability case, then the most important aspect is the level of neglect that occurred. Shifting the blame onto the plaintiff is one of the key defense strategies that insurance companies use to deflect these types of personal injury claims, so determining the percentage of comparative negligence which led to the injury is an important factor in most premises liability cases involving insurance claims.
Four Elements of a Premises Liability Case
For a premises liability claim to hold up in a court of law, the plaintiff’s legal arguments must be able to prove 4 elements:
- The property owner or individual in question did have control or own the property where the injury occurred,
- The property owner was negligent in maintaining the property in a reasonably safe way,
- That an injury occurred on the owner’s property,
- That the owner’s negligence in maintaining the property contributed significantly to the injury or accident that caused the injury.
Whether the property was a government-run power plant where someone was shocked or a homeless shanty where a victim slipped and fell, all four of these elements must be proven in order for the injured victim to have a chance at recovering compensation for the damages they’ve suffered.
Situations that Commonly Lead to Premises Liability Injuries
A majority of premises liability injuries occur from one of the following situations. Without the proper maintenance or monitoring, each of these situations can open the door for an individual to be seriously injured on someone else’s property.
- Slip and falls. Missing “wet floor” signs in retail stores or hazardous walking conditions on sidewalks are common examples of dangerous property conditions which are often the result of a lack of proper maintenance.
- Trampoline injuries. Even with proper safety measures in place, someone may be able to sue the trampoline owner if they are injured while using the device on another’s property.
- Dog bites. When a dog attack occurs on someone’s property, the property owner and/or dog owner may be liable for the damages caused by the animal’s behavior. Dog bite victims who were unlawfully trespassing, attacked by a police dog, or who were partially at fault cannot hold someone else liable for their dog bite injury in California.
- Playground accidents. Playgrounds are one of the most common places where children suffer serious injuries. When a child suffers an injury on a playground because of the lack of proper maintenance or dangerous design flaws, they may be entitled to recover compensation from the playground owner for failing to maintain a safe playground for children.
- Swimming pool injuries. Swimming parties may be fun, but the owner of the pool could be held liable for any injuries that occur while swimmers are on their property. If someone slips on a wet surface or nearly drowns in someone else’s pool, then the pool owner may be liable for the damages.
- Missing stair railings. Without railings being installed on every stairway on a property, the property owner may be able to be held liable if someone is injured while using the stairs.
- Negligent security. For locations that require security detail to keep the area safe, a lack of security or negligent security team may leave the property owner liable for injuries suffered on the property.
- Falling objects. Objects that have not been properly secured, constructed, or designed which fall onto others may open the door for a premises liability lawsuit. These types of accidents are most common in construction and warehouse storage companies.
- Electrical failure or improper wiring. When an electrical fire is caused by negligent maintenance habits or bad wiring, the owner of the property may be held liable for any damages that the fire or bad wiring causes. Electrical lines that are hidden in trees commonly contribute to premises liability injuries when the property owner fails to inform visitors that the power line is there.
- Mildew or mold inhalation. Asbestos, also known as popcorn ceiling, inhalation is the most common example of this. When mold or mildew are left on a property and someone is injured as a result, the property owner may be liable for the damages caused by the inhalation of these elements.
- Violations of state or federal building codes. When buildings are not designed and built to be within the code of standard, a property owner may be liable if someone is injured on the property as a result.
Common Premises Liability Injuries
Premises liability accidents can lead to a huge variety of different injuries because of their many causes. These types of accidents may not be as common as car or bike accidents, but they can still have significant, lifelong consequences for victims and their families. These are some of the most common injuries suffered in premises liability cases:
- Broken bone injuries
- Traumatic brain injuries
- Catastrophic injuries
- Electric shock
- Spinal cord injuries
- Nerve damage injuries
- Head injuries
Contact a Premises Liability Attorney Who Can Help Today
Our job is to fight injustice by ensuring that victims of premises liability accidents are properly compensated for the damages they’ve had to suffer through at the hands of another’s negligence. We take this job seriously and our team of premises liability attorneys understands the difficulties that victims and their families face in these cases. Get a free case evaluation from a law firm that understands what you’re going through and is here to help. Call Heidari Law Group at 1-833-225-5454 or fill out our contact form to get in touch with an attorney today.