Injured on Someone Else’s Property?
California Premises Liability Attorney Can Represent Your Injury ClaimWhen you enter someone else’s property, you expect to be safe, especially when you enter a business. In fact, property owners have a legal obligation to take steps to remove or minimize hazards which could cause injuries to unsuspecting guests. For example, businesses must clean up spills in a timely manner and mark the area as potentially hazardous to prevent slip and fall accidents. Even owners of private property have a duty to provide a reasonably safe environment for visitors. This may include repairing broken stairs and railings, installing fencing around pools and restraining pets to prevent dog bites. Therefore, if you sustain injuries in an accident on someone else’s property, then the owner may be liable for your medical bills and other damages. A premises liability attorney can help you hold a negligent property owner accountable for your accident. When looking for the best premises liability lawyer, you want someone who has experience and offers a free consultation. Braid Pezzaglia, founder of the Law Offices of Braid Pezzaglia, has more than 20 years of experience litigating injury claims in California. If you need assistance with a premises liability lawsuit, then he is here to help. He fights for the rights and interests of victims in San Jose and the surrounding areas.
What Is Premises Liability?Premises liability is the idea that property owners can be responsible for injuries that people suffer on their property. However, owners are not always liable for these kinds of injuries and damages. Rather, the property owner may be liable for accidents if he or she fails to take reasonable care to keep the premises safe. The amount of care that an owner must exercise to ensure safety depends on the use of the property. Business owners owe visitors the greatest duty of care, since customers enter the property for the benefit and profit of the business. Thus, business owners must regularly inspect their property and fix any potential hazards. If a danger cannot be immediately corrected, then the business must clearly mark the area to make customers aware of the hazard. The law generally holds private property owners to a lower standard of care, since they do not profit from guests and visitors. When someone enters onto another person’s property for mutual benefit, the owner still has some duty to fix dangers or warn guests. An owner owes the least amount of care to a trespasser, but even a trespasser has some grounds to recover for injuries from traps or obvious dangers. Additionally, property owners owe a special duty of care to child trespassers, since they do not have the same capacity to reason and protect themselves. For example, you must generally install sturdy fencing around your swimming pool. This prevents a curious child from wandering onto your property and accidentally drowning. If an accident at a business or on another person’s property harmed you or a loved one, then contact a premises liability attorney today. A lawyer can help determine what the property owner should have done in your case and how you might recover.
What Are Common Reasons for a Premises Liability Claim?You may be able to file a premises liability claim for virtually any injury that occurs on someone else’s property. However, some of the most common reasons for these types of claims include:
- Slip and fall accidents. Perhaps the most common type of accident that happens on unsafe premises is a fall. Spills, poorly lit areas, structural defects and many other hazards may cause slip and fall accidents.
- Dog bites. Pet owners are usually responsible for any injuries their animals may inflict. This includes bites as well as injuries from falls that may occur due to an animal’s aggressive behavior.
- Swimming pool accidents. Falls, lacerations from pool drains and accidental drowning are all common swimming pool accidents.
- Assault due to lack of security. Certain businesses, such as casinos and bars, may require security to prevent violence on the premises. Therefore, if you sustain injuries in an assault, then you may be able to hold the property owner accountable.
- Toxic exposure. If you become ill due to exposure to toxic substances on someone else’s property, then you may have grounds for a premises liability lawsuit.
- Fires. Property owners are generally responsible for installing fire alarms, escapes and, sometimes, fire prevention systems like sprinklers. Owners usually must also minimize fire risk by clearing clutter and properly handling flammable material.
- Injury due to defective equipment. In some cases, property owners may be liable for injuries caused by defective machinery or other equipment. For example, amusement parks must regularly check and perform maintenance on rides to prevent deadly accidents.