Fighting for the Rights You Deserve
In the event of an injury that occurs on another person’s property, litigation can be pursued in an effort to hold the guilty party responsible for his or her negligence or misconduct. This can be done by proving the property owner’s lack of action or prevention resulted in your injury or accident — regardless of if the property itself is a commercial or residential space.
Some of the most common premises liability cases involve the following causes of accident or injury, including but not limited to:
- Dog bites
- Slip and fall accidents due to lack of proper maintenance
- Swimming pool accidents
- Damaged, dangerous, or defective conditions
- Water leaks or flooding
- Lack of security in the event of a break-in, robbery, or assault
- Lack of lighting or otherwise inadequate lighting
Any of the above situations and more can result in a devastating accident, leaving you injured for an extended period of time. With our legal team on your side, you can circumvent the complexities of your premises liability case and get started on a personalized plan of action, geared toward your success.
Did Negligence Cause Your Accident?
When another person’s act of negligence causes you injury, it is essential that you establish liability. This means that you must prove that the owner had reason to know that a condition existed and should have resolved the issue.
Here are some steps our firm can take:
- Determining if a standard of care was not met
- Whether lack of property maintenance was the cause
- If negligent security lead to a dangerous attack
Our team has the experience to answer your questions and guide you through the legal process. We can develop the right strategy to effectively help you recover full and fair compensation.
Invitees vs. Licensees vs. Trespassers
Liability is also determined in part by the property owner’s expectation of your role on their property:
Invitees – If you’re invited onto public property or welcomed in the interest of the owner’s economic benefit, for example, as a shopper in a grocery store, you are considered an invitee. The owner has an obligation to regularly inspect their property and warn or correct invitees.
Licensees – Licensees are those invited onto a private property such as a guest visiting a neighbor’s house. They are typically owed a little less care, and the property owner is not expected to regularly inspect their property.
Trespassers – Trespassers still have protections on the trespassed property. This is enforced in part to deter people from purposefully hurting trespassers, and also to prevent harm from children which may be attracted to something called an attractive nuisance. For example, a trampoline which a child could get hurt on without a gate around it could be considered an attractive nuisance.
What Types of Damages Can You Recover?
If you’ve had a slip and fall accident or suffered another injury type on someone’s property, you may be able to claim compensation, including:
- Medical expenses
- Care/transport expenses
- Loss of earnings
- Pain and suffering
The amount and type of compensation could vary depending on your circumstances, so it’s a good idea to seek legal advice as soon as possible.
What to Do if You’re Injured on Someone Else’s Property
If you’re injured while on someone else’s property, you should document everything you can, including the accident scene. Be sure to seek medical attention and keep records of any treatment you receive and expenses you incur. Notify the property owner of the accident.
Keep a diary of how the symptoms of your injury affect your daily life. If the injury limits your mobility or prevents you from working, document this.
Contact a premises liability lawyer for advice. Let your attorney communicate with the property owner and their insurance representatives. In California, the statute of limitations for personal injuries is 2 years, so it’s important to act promptly if you wish to make a claim. Some exceptions to the 2-year rule exist. For example, if you’re suing a public or governmental entity, the time limit is 6 months.
How an Attorney Can Help
Working with an attorney to file a premises liability claim gives you the best chance of success and helps you maximize the compensation awarded. Premises liability cases can be complex, and an attorney can help you meet the required deadlines and put a strong case in front of the judge.
Contact Our Experienced & Dedicated Fresno Premises Liability Lawyers Today
At BD&J, our Fresno premises liability attorneys feel no challenge is too great to take on, especially when it comes to holding the guilty party responsible for all they have caused. When you are injured at the hands of another’s negligence or misconduct, there is no time to waste in ensuring you obtain the compensation you deserve — whether it be for your costly medical bills, loss of ability to work and wages, emotional distress in the form of pain and suffering, and more.
