PREMISES LIABILITY LAWYER IN CALIFORNIA

Common Premises Liability Lawsuits 

Several scenarios can lead to premises liability claims. Understanding these everyday situations can help you determine if your injury might qualify for a claim.

• Slip and Fall Accidents: If you slipped and fell due to a wet floor, ice, uneven surfaces, or inadequate lighting, you may have grounds for a claim. Slip and fall cases are some of the most frequent premises liability claims, and property owners are generally expected to take reasonable measures to prevent such hazards.
• Dog Bites or Animal Attacks: Property owners may be liable if you were attacked or bitten by an animal on their property. This is especially true if the owner knew the animal was aggressive but did not take steps to protect visitors.
• Poor Building Maintenance: Hazards like broken stairs, faulty railings, or crumbling sidewalks can cause severe injuries. Property owners are responsible for routine maintenance, and their failure to do so could make them liable.
• Swimming Pool Accidents: Swimming pool accidents can lead to serious injuries or even fatalities. Some common factors that contribute to swimming pool accidents include inadequate fencing or barriers around the pool area, poorly maintained surfaces that become slippery, malfunctioning pool equipment, and more.
• Tree Falling Incidents: Tree cases may arise if someone is injured after a tree or branch falls due to a person or entity’s negligence. These cases may be filed against a government agency if the tree was on public property or government land. While you may not think these incidents happen frequently, at Wisner Baum, we have litigated several of these cases in California alone. 
• Negligent Security: If you were assaulted or harmed in an area where the property owner knew there was a high crime risk, you may have a claim under negligent security. Property owners are expected to provide adequate security measures in high-risk areas, such as proper lighting or security cameras.

What You Need to Prove in a California Premises Liability Claim

If you qualify for a premises liability claim, there are several elements you must establish to hold the property owner accountable:

• Duty of Care: First, you need to demonstrate that the property owner owed you a duty of care. In other words, did the defendant own or control the property where the injury occurred?  
• Breach of Duty: Next, you must prove that the property owner breached their duty of care. This could mean they failed to fix a known hazard, neglected inspections, or did not warn visitors of potential risks. Evidence like photos, incident reports, or testimony from others who noticed the hazard can be critical.
• Causation: You must show that the owner’s breach of duty directly caused your injury. This can involve connecting the dangerous condition (e.g., a broken step) with your accident. If the owner can argue that something else caused your injury, it might affect your claim.
• Damages: Finally, you must show that the injury resulted in specific damages, like medical expenses, lost income, pain and suffering, or diminished quality of life. Medical records, employment records, and documentation of your pain and limitations can support this part of your claim.

Factors That Might Impact Your Claim

While premises liability law exists to protect individuals injured due to someone else’s negligence, certain factors can complicate your case. Understanding these issues can help you be better prepared.

• Comparative or Contributory Negligence: California is one of several states that follow comparative negligence rules, meaning that if you share some responsibility for the accident, your compensation will be reduced by your percentage of fault. 
• Open and Obvious Doctrine: Property owners may argue that a hazard was “open and obvious” and that a reasonable person would have noticed and avoided it. For example, a large puddle in the middle of a well-lit floor might be considered obvious. However, if your premises liability lawyer can show that the hazard was difficult to see or unexpected, this argument may not stand.
• Assumption of Risk: Property owners might claim that you willingly entered a hazardous area despite visible warnings, such as “Restricted Access” signs. This assumption of risk defense may limit your ability to recover damages if you disregard clear warnings.

What to Do After an Injury on Someone Else’s Property

If you’ve been injured on someone else’s property, it’s important to take immediate steps to protect your health and legal rights:

• Seek Medical Attention: Your health is your top priority. Seek prompt medical treatment to address any injuries, even if they initially seem minor. Medical records will also serve as evidence linking your injury to the accident.
• Document the Scene: If possible, take photos or videos of the accident scene, capturing details like the hazard, the surrounding area, and any present signs. These images can be valuable evidence for your claim.
• Report the Incident: Notify the property owner or manager about the accident and ensure that an incident report is filed. Request a copy of the report if possible, as this will create a record of the event.
• Gather Witness Information: If others saw the accident or noticed the hazardous condition before your injury, ask for their contact information. Witness testimony can strengthen your case if the property owner denies liability.
• Keep Records: Maintain records of all medical bills, treatment plans, and time missed from work. These documents will help demonstrate the extent of your damages and support your claim for compensation.

Damages You May Be Entitled to in a California Premises Liability Case

When you’re injured on someone else’s property, you may be eligible for compensation to cover  the financial and emotional toll the incident caused. Potential damages in a premises liability case include:

• Medical Expenses: This includes costs for emergency care, hospital stays, surgeries, physical therapy, medication, and any future medical treatment related to your injury.
• Lost Wages: If your injury caused you to miss work, you could recover compensation for lost income. This also includes loss of future earning capacity if your injury affects your ability to work long-term. 
• Pain and Suffering: In addition to physical pain, premises liability cases can also account for emotional distress and reduced quality of life resulting from your injuries. 
• Property Damage: If the accident damaged personal property, such as a phone or glasses, you might recover compensation for replacing or repairing these items.

How to Find the Best Premises Liability Attorney

Finding the best premises liability attorney for your California claim can be daunting. Here are some useful tips to help you find the best lawyer for your case:

Look for Experience with Similar Cases

Choose a lawyer who has handled cases like yours before. For example, if you slipped and fell at a store, look for an attorney who has won slip-and-fall cases. Ask about their track record and past settlements.

Check Their Resources

Premises liability cases often need investigation and may need expert witnesses to bolster your allegations. Make sure the law firm has the money and resources to properly handle your case. At Wisner Baum, we have the resources and experts needed to take on any corporate defendant. 

Read Reviews and Ask for References

Look up the attorney's reviews online. What do past clients say about them? Don't be shy about asking for references from previous clients with similar cases.

Local or National?

California premises liability laws are complex. It may be a good idea to choose a lawyer who knows local laws and courts, and who has offices near you. Wisner Baum has offices throughout California to serve clients statewide, but we also have the resources to take cases nationwide. 

Schedule a Free Consultation

Most premises liability law firms offer free case evaluation. Use this time to:

• Explain your case
• Ask about their experience and track record
• Learn about their approach
• Discuss fees
• Get a feel for how they communicate

Trust Your Gut

Whoever you choose to represent you, remember that you will be working closely with them. Make sure you feel comfortable. Without question, your attorney should:

• Listen to your concerns
• Explain things clearly
• Answer your questions
• Return your calls promptly
• Treat you with respect

The right premises liability attorney can help you get fair compensation for your injuries. Take your time to find someone with experience, resources, and a track record of success.

California Premises Liability Attorneys with Proven Track Record 

Premises liability law can be complicated, especially if you face pushback from property owners or insurance companies. An experienced attorney can help you navigate the legal process, gather evidence, and represent your interests.

At Wisner Baum, we have law offices throughout California to help our clients obtain the justice and compensation they deserve. Our trial-ready premises liability lawyers understand the physical, emotional, and financial burdens an injury can impose. We are committed to advocating for the rights of individuals injured due to negligence on another’s property. If you’ve been injured and are unsure of your next steps, contact Wisner Baum for a free consultation to understand your options. We’ll work with you to pursue the compensation you deserve and help you move forward with peace of mind. 

Complete the online form or call us at (855) 948-5098 to schedule a free case evaluation.