San Diego Premises Liability Attorneys
The experienced San Diego Premises Liability Lawyers at Bisnar Chase will fight for your rights and ensure that you are fairly and fully compensated for your significant losses.
Injured victims can seek compensation for damages including medical bills, lost wages, hospitalization, rehabilitation, pain and suffering and emotional distress.
If you or a loved one has suffered from a personal injury due to someone else's negligence or wrongdoing, please call us for a free consultation. Our experienced accident attorneys have won millions in compensation for our clients and we will fight for you.
Contact the Personal Injury Law Firm of Bisnar Chase at 1-800-561-4887 to receive free legal advice on your trip and fall accident claim.
What is a Premises Liability Claim?
If a property is open to the public, it must contain reasonably safe conditions. When there are hazardous conditions on the property, it is the responsibility of the property owner or the manager to fix the problem or post warning signs around the problem.
Failing to prevent injury accidents is a form of negligence that can prove costly.
All property owners are legally required to provide reasonably safe conditions for visitors, residents, workers and clients. All properties must be reasonably safe, secure and free from the threat of injury. When a property is not properly maintained or when warnings are not placed around hazardous areas, serious injury accidents can occur.
If you have been hurt because of the dangerous condition on someone else's property, it may be in your best interest to learn about your legal rights and options.
Differences Between Trespassers, Licensees and Invitees
Liability for injuries experienced on someone else's property does not only fall onto the owner of the property but also on the victims as well on some occasions. If it can be determined that legally the injured was not allowed on the premises then the accountability can shift from the property owner to the "victim".
The focus for some states will be whether or not the visitor was even granted the right to step foot on the property.
There are different categories of visitors which include:
Invitees: An invitee is considered as an individual who was allowed on the homeowner's property for lawful reasons. One example of an invitee can be a contractor.
Licensees: A person who was invited by the homeowner for recreational purposes (social gathering) is a licensee. The homeowner then has the responsibility to make sure their property is safe enough to have licensees. If the licensees have suffered from serious injuries liability can fall on the property owner.
Trespassers: It is a very rare occurrence for a trespasser to succeed at winning a lawsuit against a property owner. Automatically if a person was prohibited from being on your property you are free from liability. A property owner is only accountable for a trespasser's injuries though if the property owner became violent towards the trespasser and inflicted injuries upon them.
5 Types of Premises Liability Cases in San Diego
If you are walking on a dry, flat surface and you trip over your own shoelaces, it is not reasonable to expect the property owner to pay you for your injuries. However, if you are injured by falling on a wet floor, where there were no warning signs posted, then, you may have a premises liability claim.
5 types of premises liability cases can involve:
- Apartment complexes: Liability for apartment complex injuries can be difficult to determine. Even though the property owner has the responsibility or the duty to maintain the upkeep of his/her property, tenants and property managers can be at fault as well. For example, if a tenant had continuously informed a property manager of a mold issue and the tenant became gravely ill then the property manager can then be accountable for the injuries.
- Staircase collapsing: Injuries sustained from a staircase collapsing can cause major injuries and may even kill someone. Staircase accidents can contribute to factors which can include poor design or poor maintenance. Different types of injuries caused by stairway incidents include broken teeth, traumatic brain injuries or multiple bone fractures. The amount of compensation that you receive for your accident will depend on the severity of your slip and fall injuries.
- Construction sites: If you are an employee that has been hurt on a construction site you have the right to file a personal injury claim. One of the most common injuries on a construction site is scars and burns. Often when an establishment is in the early stages of being built wiring, leaky pipes and chemicals may be exposed. There can also be an increased chance of a fire occurring. If you feel as though you have not received the compensation that you need to recover from your injuries speak to a premises liability attorney in San Diego.
- Balcony accidents: Balcony incidents can become serious quickly. If the balcony was not high they can possibly survive but a person who has fallen from a hotel balcony may not be so fortunate. Those who survive from a balcony accident may have to continuously participate in rehabilitation and may not be able to require fully from their injuries. If this is an alcohol-related injury then someone can potentially sue the bartender for continuing to serve drinks to the victim.
- Fire-related incidents: In order for an establishment to be safe in a fire there are specific systems that need to be set in place. Fires that were started due to the lack of functioning sprinkler systems, smoke detectors, gas leaks or not having a fire extinguisher close by can be strong evidence of negligence in a personal injury lawsuit. If lives were lost due to the lack of systems set in place then the case can possibly be classified as a wrongful death lawsuit.
Dangerous Conditions that Can Lead to an Injury
If you have suffered an injury on someone else's property, take a moment to determine the extent of your injuries and call for help. You may want to call the authorities to receive emergency medical treatment. You should also notify the property manager and file an injury report.
Possible factors that may have contributed to your premises liability injury can include:
- Wet or slippery floors: It is reasonable for property owners to want to keep their floors clean, but leaving the floor wet after mopping is extremely dangerous. Signs must be posted around wet floors until they are dry. Additionally, property management must clean up spills within a reasonable amount of time to prevent slip-and-fall accidents.
- Toxic or chemical exposure: Many dangerous chemical spills can cause manifestations of toxic effects when touched or inhaled. It is the legal requirement of all property owners to keep chemicals properly stored. It is also expected of all owners to ensure that materials are used, handled, transported and cleaned up properly.
- Inadequate security: When a building or area is known to have a history of criminal activity, it is the responsibility of the property owner to provide adequate security. This may include hiring security guards or installing fences, gates and security cameras. Failing to act accordingly is an act of negligence.
- Broken stairs: Falling down a flight of stairs can result in catastrophic or fatal injuries. Property owners must repair broken steps quickly and signs must be posted around dangerous areas that have not been fixed.
- Dangerous elevators: When an elevator is poorly repaired or maintained, it may not stop or open level with the floor. This can pose a serious tripping hazard. Property owners must regularly have their elevators inspected and repaired.
Make sure you request a copy of the report and inform all parties that you intend on seeking out medical attention.
Seeing a doctor will document your injuries and increase your chances of having a full recovery.
You may also want to contact an experienced San Diego premises liability attorney at Bisnar Chase if you have required treatment and care for your injuries.
Examples of San Diego Premises Liability Claims
A premises liability claim is a civil lawsuit that injured victims can file against a property owner and/or manager. Simply suffering an injury on someone else's property is not enough to make a valid claim. The injured victim will have to prove that:
- The owner failed to keep the property safe. The owner has control over the safety of the premises and the visitor does not. Therefore, if the owner does not fix a dangerous location, he or she is responsible for whatever accidents happen there.
- He or she was using the property normally. If the victim was injured while acting in an unauthorized and dangerous manner, the property owner is not responsible for the injuries suffered.
- The property owner should have known of the dangerous conditions. If a spill occurred moments before the accident occurred, it is not reasonable to expect the property owner to have fixed the problem in time.
- The victim suffered an injury. If you have been hurt in a San Diego premises liability accident, financial support may be available for all of your physical, emotional and financial losses.
Legal Action You Must Take As A San Diego Injury Victim
Premise liability cases can be complex and you will need the help of an experienced and aggressive premises liability attorney in San Diego County to get the settlement that you deserve.
Call our office now at 1-800-561-4887 for a free evaluation to see if you are entitled to compensation. Call 1-800-561-4887 for a Free Case Evaluation.