When you step onto someone else’s property, whether it’s a shopping mall, a neighbor’s home, or a public park, you have a reasonable expectation of safety. Premises liability law holds property owners and managers accountable for accidents and injuries that occur on their property due to unsafe conditions. The law applies to a wide range of property types, including residential, commercial, and public spaces.
At Berg Injury Lawyers, we specialize in representing individuals who have been injured due to the negligence of property owners or managers in Modesto, CA. Understanding your rights under premises liability can be the first step towards securing the compensation you deserve for your injuries.
Common Types of Premises Liability Claims
Premises liability claims can arise from various situations, but some of the most common include:
- Slip-and-Fall Accidents: Slip-and-fall accidents occur when someone slips or trips and falls due to hazardous conditions such as wet floors, uneven surfaces, or inadequate lighting.
- Negligent Security: When criminal activity causes injuries on someone’s property, the property owner might be liable if they failed to provide adequate security measures like proper lighting, security cameras, or security personnel.
- Dog Bites: Dogs are another potential hazard. In California, dog owners are strictly liable for injuries caused by their dogs, regardless of whether the dog has previously shown vicious tendencies.
- Other Unsafe Property Conditions: Hazards may also be caused by faulty design, construction, or maintenance of a property. These can include issues such as faulty staircases, broken handrails, or crumbling infrastructure.
If you’ve been injured on someone else’s property due to any of the conditions above, it’s crucial to consult with an experienced premises liability lawyer. They can help you understand your rights and pursue a claim for compensation.
Determining Liability in Premises Liability Cases
In California, determining liability in premises liability cases involves establishing that the property owner or occupier was negligent in maintaining the property. Key factors include proving that the owner knew or should have known about the hazardous condition and failed to address it.
California’s “comparative fault” rule also comes into play, which means that if the injured party is found partly at fault for the accident, their compensation may be reduced proportionally to their degree of fault.
To win a premises liability case, you’ll need to prove:
- The property owner owed you a duty of care.
- The owner breached that duty through negligence or intentional action.
- This breach caused your injuries.
- You suffered actual damages.
First, it must be established that the property owner or manager owed a duty of care to the injured party. This duty of care is typically owed to anyone who is legally on the property, such as customers, tenants, or invited guests.
Next, it must be shown that the property owner or manager breached their duty of care. This can be demonstrated by providing evidence of unsafe conditions, such as slippery floors, broken stairs, inadequate lighting, or lack of security measures. After an injury on someone else’s property, it’s important to gather as much evidence as possible, including photographs, witness statements, and any relevant documentation.
Modesto premises liability lawyers can help you gather this evidence, as well as prove your damages, which we will discuss in the next section. Navigating these complex cases can be challenging, which is why legal guidance is crucial.
Damages in Premises Liability Cases
In premises liability cases, victims can pursue various types of compensation for the injuries they have suffered. These damages can help individuals recover physically, emotionally, and financially. Here are some of the key types:
- Medical Expenses and Rehabilitation Costs: This includes hospital bills, doctor visits, surgeries, medications, physical therapy, and any other necessary medical treatments. It’s important for victims to keep a record of all medical expenses related to the accident to ensure fair compensation.
- Lost Wages and Future Earning Potential: If the injuries sustained in a premises liability accident have caused victims to miss work, they may be entitled to compensation for their lost wages. Additionally, if the injuries have resulted in a long-term or permanent disability that affects the victim’s future earning potential, they may also seek compensation for these financial losses.
- Pain and Suffering: Premises liability accidents can cause significant physical pain, emotional distress, and mental anguish. While it can be challenging to quantify these non-economic damages, an experienced premises liability lawyer can help victims build a strong case to seek fair compensation.
Call Our Modesto Premises Liability Lawyers
If you’ve been injured due to a property owner’s negligence, Berg Injury Lawyers are here to fight for your rights. Our Modesto personal injury lawyers can conduct a thorough investigation, examine the premises, and collect evidence to establish liability and prove the negligence of the responsible party. Our No Fee Guarantee® promises that if you don’t win, you pay nothing. Contact us today for a free consultation.
