Premises liability refers to the legal obligation of property owners to maintain a safe environment for visitors. If you have sustained injuries due to negligence or hazardous conditions on someone else’s property, you may be entitled to compensation.
Since 1981, our Alameda premises liability lawyers have been helping clients in Alameda and throughout Northern California. We know how difficult life can be after suffering a serious injury because of someone else’s negligence, and we strive to help our clients get their lives back to normal.
We gather evidence, build a strong case, and negotiate with insurance companies on your behalf. Our goal is to ensure you receive the compensation you deserve for your injuries and losses.
At Berg Injury Lawyers, if you don’t win, you pay nothing. There’s also no cost or obligation to hire simply to speak to one of our lawyers. We call that our No Fee Guarantee®. Contact us today for a free consultation.
Understanding Premises Liability Law in California
In California, property owners and managers—which include both landlords and business owners—are legally obligated to ensure their properties are safe for visitors. Under Civil Code Section 1714, this duty includes a range of responsibilities designed to prevent injuries caused by negligence.
General Duty of Care
Property owners must exercise ordinary care and skill in managing their property to avoid causing harm to others. This means they must regularly inspect and maintain their premises, addressing potential hazards like wet floors, broken stairs, or exposed wiring. If an injury occurs due to the property owner’s failure to exercise such care, they can be held liable for the resulting damages.
Scope of Liability
The law clearly states that everyone is responsible not only for their intentional actions but also for any injuries caused by their lack of ordinary care in managing their property. This includes ensuring the property is safe and free of dangerous conditions that could harm visitors. Property owners cannot escape liability by claiming ignorance of a hazardous condition that they should have reasonably known about and addressed.
Exceptions and Special Cases
While the general rule holds property owners accountable for injuries on their property, there are specific exceptions. For instance, social hosts who furnish alcoholic beverages are not typically liable for injuries resulting from the consumption of those beverages, with notable exceptions for underage drinking. However, these provisions are less relevant to premises liability concerning physical hazards on a property.
Legal Implications
When an injury occurs due to negligent property maintenance, victims can seek compensation for various damages, including medical expenses, lost wages, pain and suffering, and more. It’s crucial for victims to demonstrate that the property owner failed to maintain a safe environment and that this negligence directly caused their injury.
Examples of Premises Liability Cases
Premises liability can include many different types of accidents. Some of the most common examples include:
- Slips and Falls: These occur when someone slips, trips, or falls due to hazardous conditions like wet floors, uneven surfaces, missing or broken steps or handrails, and poorly lit areas. Property owners must address these hazards to prevent such accidents.
- Negligent Security: This involves injuries caused by insufficient security measures, such as inadequate lighting, lack of security personnel, or broken locks, especially in areas where crime is common or known to have occurred. Property owners can be held liable if their failure to provide adequate security leads to criminal acts like assaults or thefts.
- Dog Bites: When a property owner or occupant’s dog attacks someone on their property, they can be held responsible for the injuries. This is especially true if the dog has a history of aggressive behavior, and the owner did not take proper precautions.
- Swimming Pool Accidents: These include drownings or injuries that occur due to lack of supervision, poor maintenance, or inadequate safety measures around pools. Property owners must ensure their pools are safe, especially for children, and comply with local safety regulations.
- Falling Objects: Injuries caused by items falling from shelves, rooftops, or other elevated areas fall under premises liability. Property owners should secure objects properly to prevent such accidents.
- Elevator and Escalator Accidents: Malfunctioning elevators or escalators can cause serious injuries. Property owners are responsible for regularly maintaining and inspecting these systems to ensure they are safe for use.
- Toxic Exposure: Exposure to hazardous substances like mold, asbestos, or chemicals on a property can lead to health issues. Property owners must manage and mitigate these hazards to protect visitors’ health.
- Structural Defects: Injuries caused by building collapses, faulty staircases, or other structural issues are also premises liability cases. Property owners need to maintain and repair structural components to ensure safety.
If you or a loved one has been injured due to a property owner’s negligence, seeking legal advice can help you determine your rights and pursue the compensation you deserve.
Contact Berg Injury Lawyers today for a free consultation.
Types of Compensation in Premises Liability Claims
If your premises liability claim is successful, you may be entitled to two types of compensation: economic damages and non-economic damages.
Economic Damages
Economic damages cover the financial losses you incur because of your injury. These can include:
- Medical Expenses: This includes costs for hospital stays, surgeries, medications, physical therapy, and any future medical care needed.
- Lost Wages: Compensation for income lost due to time off work for recovery. This can also cover loss of future earning capacity if your injury affects your ability to work long-term.
- Property Damage: If any personal property was damaged in the incident, you can seek compensation for repair or replacement costs.
Non-Economic Damages
Non-economic damages compensate for the non-financial impacts of your injury. These can include:
- Pain and Suffering: Compensation for the physical pain and emotional distress caused by your injury.
- Emotional Distress: Compensation for the psychological impact of your injury accident, such as anxiety, depression, and trauma.
- Loss of Enjoyment of Life: Compensation for when your injury affects your ability to enjoy daily activities and hobbies.
- Loss of Consortium: Compensation for the impact of your injury on your relationship with your spouse or family.
It’s important to know the true value of your claim before negotiating with insurance companies, so you can be sure you’re getting adequate compensation.
Choosing the Right Premises Liability Lawyer
When it comes to premises liability cases in Alameda, choosing the right lawyer to represent your interests is crucial. Here are three key factors to consider when making your decision:
- Experience and Expertise in Premises Liability Law: Look for a lawyer who specializes in premises liability law and has extensive experience handling cases similar to yours. An experienced lawyer will have in-depth knowledge of the relevant laws and regulations, enabling them to navigate your case with confidence.
- Track Record of Successful Cases: A lawyer’s track record speaks volumes about their ability to deliver favorable outcomes for their clients. Look for a lawyer who has a proven history of winning premises liability cases. This demonstrates their expertise and dedication to achieving positive results for their clients.
- Client Testimonials and Reviews: Reading testimonials and reviews from past clients can provide valuable insights into a lawyer’s reputation and the level of client satisfaction they have achieved. Look for positive feedback that highlights the lawyer’s professionalism, communication skills, and successful outcomes.
By considering these factors, you can make an informed decision when choosing a premises liability lawyer in Alameda. Remember, it’s essential to find a lawyer who not only has the necessary expertise but also understands your specific needs and can provide the personalized attention your case deserves.
Contact Our Alameda Premises Liability Lawyers Today
Berg Injury Lawyers has been serving clients in Northern California since 1981, and we are available 24/7 to help injured victims. If you or a loved one has been injured on someone else’s property, we’re here to help.
Contact our team today for a free consultation.
