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Premises liability cases generally include accidents of a preventative nature. The idea is if the property owner had exercised more care, the injury or accident would not have occurred. Both property owners and landowners are responsible for upholding a duty of care on behalf of anyone who may visit their property, as preventing hazardous situations is the ultimate priority. Despite their best efforts, however, accidents may still happen. If you or a loved one has been injured due to the lack of care, negligence, or misconduct, our Riverside premises liability attorneys of BD&J seek to help you fight for the justice you deserve.
Common Types of Premises Liability Accidents
Premises liability accidents typically occur when a property owner’s duty of care falls short, resulting in injuries that could have been prevented with proactive safety measures in place.
Common liability accidents include:
- Slip and fall accidents: These accidents are often caused by wet floors, uneven surfaces, spilled liquids, loose carpeting, or unmarked hazards. In a retail store, parking lot, or private residence, property owners are responsible for ensuring their premises are safe and free from risks that could lead to slips, trips, or falls.
- Inadequate maintenance: Property owners need to maintain walkways, handrails, stair treads, overhead lighting fixtures, and other structures to keep them in safe condition. Neglecting routine maintenance creates hazards, such as broken stairs, unstable railings, or cracked walkways.
- Dog bites and animal attacks: Dog bites or other animal attacks can happen if a pet isn’t properly restrained, causing physical injuries and emotional trauma.
- Swimming pool accidents: Accidents can occur due to inadequate fencing, lack of supervision, slippery pool decks, malfunctioning pool drains, or failure to mark deep water areas. Proper barriers and warning signs are essential for preventing these tragic incidents.
- Lack of security: Inadequate security, such as poor lighting in high-traffic areas, insufficient security personnel, broken locks, or the absence of alarm systems, can make a property dangerous.
Who Can Be Held Liable for Premises Liability Accidents
Responsibility for premises liability accidents usually falls on the property owner but can also extend to other parties, depending on the circumstances. California law states that property owners have a duty of care to anyone lawfully on their premises. They must take reasonable steps to maintain a safe environment, conduct regular inspections, and address potential dangers.
Duty of care isn’t exclusive to property owners — it also applies to tenants, property managers, maintenance contractors, leasing agents, and others who control or manage the property. For example, in a commercial building, the building owner and the business tenant could share liability if a hazardous condition leads to an injury.
Comparative negligence may also come into play in California. If an injured person is partially responsible for the accident, their compensation might be reduced in proportion to their level of fault. For example, if a visitor ignores a clearly marked warning sign, their actions might affect the outcome of their claim.
Damages You Can Receive in a Premises Liability Claim
Our team of premises liability attorneys in Riverside can help you win damages to cover expenses and hardships that come along with an unexpected injury.
The types of damages you may be eligible for include:
- Medical expenses: Compensation for medical costs can include emergency room visits, surgeries, ongoing treatment, physical therapy, follow-up doctor visits, prescription medication, and other medical services related to your injury. Given the rising cost of health care, these expenses can add up quickly.
- Lost wages and future earnings: When injuries prevent you from working temporarily or permanently, you may be entitled to compensation for lost wages. If your ability to earn a living is impacted long-term, you could also recover damages for future lost earnings.
- Pain and suffering: Physical pain is often paired with emotional trauma and mental distress. Our premises liability attorneys can fight on your behalf to win compensation for the pain and suffering endured from your injuries.
- Property damage: If personal property was damaged during the incident, you might be entitled to compensation for its repair or replacement. For example, if you slipped and fell in a retail store and damaged your smartphone, those costs could be part of your claim.
How an Attorney Can Help with Your Premises Liability Claim
If you get hurt while visiting someone else’s home, then your premises liability claim will likely be answered by the company that sold them a homeowners’ insurance policy. Such policies typically include a section that provides coverage for damages the homeowner pays after a visitor gets hurt on their property. With that said, your claim will probably be met with heavy resistance from a corporate insurance defense team employed by that homeowners’ insurance company. The same is true if you file a premises liability claim after being hurt in a retail store or commercial location.
You can anticipate an uphill battle for practically every premises liability claim, which is why you should always consider hiring a premises liability attorney as soon as you can. With an attorney leading the way, you can be confident that your claim will be constructed correctly, filed on time, and capable of answering any of the inevitable challenges the opposition will put in front of it. Otherwise, you will have to go down that road alone, a decision that could be devastating for your chances to secure full and fair compensation.
Contact Our Determined and Diligent Riverside Premises Liability Lawyers Today
When accidents happen, our team of Riverside premises liability attorneys at BD&J seek to offer you a solution to the situation at hand. Whether you were injured while in a commercial or residential space, we feel you deserve a chance to obtain compensation for all you have incurred — such as loss of work or wages, pain and suffering, and medical expenses. With our firm on your side, you will have an invaluable ally to fight for you until your case is resolved as successfully as possible.
If you are interested in speaking to a representative of our firm, you may do so by contacting us at your earliest convenience. We can be reached at (855) 906-3699.
