Let Us Help You Get The Compensation You Need For Your Premises Liability Injuries
Have you been injured on someone else’s property? You’re not alone. Premises liability cases can range from slips and fall to dog bites, and the consequences can be devastating. But don’t worry, you don’t have to face this alone. Our premises liability attorney in Alameda, CA at the Law Offices of Andrew Dosa is here to help.
With years of experience in handling premises liability cases, our team of skilled attorneys has the knowledge, resources, and experience to navigate the legal system and fight for your rights. We understand that every case is unique and requires a personalized approach. That’s why we take the time to listen to our clients, investigate the details of their cases, and develop a strategy tailored to their specific needs.
At The Law Offices of Andrew Dosa, we believe that everyone deserves access to justice, regardless of financial situation. So, if you’ve been injured on someone else’s property, don’t hesitate to reach out to our personal injury law firm. We are ready to fight for your rights and help you get back on your feet. Schedule a free consultation today!
Why Do I Need A Premises Liability Lawyer In California?
Property owners have a legal duty to keep their premises safe for visitors, and when they fail to do so, they can be held liable for any injuries that occur. If you’ve been hurt or someone you love sustained an injury on someone else’s property in California, you may be entitled to compensation for your injuries, medical expenses, lost wages, and pain and suffering.
However, navigating the legal system and proving liability can be complex and overwhelming, especially if you’re dealing with injuries and recovery. And if you may be wondering whether you need our premises liability lawyer at The Law Offices of Andrew Dosa to help you with your case. The answer is yes, and here’s why:
- We have a thorough understanding of the state’s laws regarding liability for property owners. This includes knowledge of California Civil Code § 1714, which imposes a duty of care on property owners to keep their premises safe for visitors.
- We know how to investigate your case, gather evidence, and build a strong case on your behalf. We can also help you demonstrate that the property owner was negligent in maintaining their property or failed to warn of known hazards.
- Insurance companies are notorious for trying to settle premises liability cases quickly and for as little money as possible but we how to negotiate a fair settlement and will work tirelessly to ensure that you receive the compensation you deserve.
- In some cases, it may be necessary to take your premises liability case to court and we have experience representing clients in court and can guide you through the legal process.
You don’t have to undergo this process alone. You don’t have to face the insurance companies and their representative on your own. The Law Offices of Andrew Dosa is here to take all your burden off your shoulders. With our personalized attention, exceptional legal representation, and proven track record of success, you can rest assured that your case is in good hands. Contact us today for a consultation and allow yourself to focus on healing and recovery.
What Is Premises Liability?
Premises liability is an area of law that holds property owners responsible for injuries and accidents that occur on their property due to unsafe or hazardous conditions. In general, property owners have a legal duty to maintain their property in a safe condition and to warn visitors of any known hazards. (kiiky.com) If they fail to do so, they may be held liable for any injuries or damages that occur.
If you’ve been injured on someone else’s property due to unsafe conditions, you may be entitled to compensation for your injuries. Our Alameda premises liability attorney can help you understand your rights and options, and work to ensure that you receive the compensation you deserve. Reach out to us today to know more.
What Are The Property Owners’ Legal Duties to Prevent Injuries?
Previous Standard
Traditionally, the level of responsibility that a property owner has for the safety of visitors on their property depends on the status of the visitor. There were three main types of visitors: invitees, licensees, and trespassers.
Invitees
Invitees are visitors who are on the property for the owner’s financial benefit, such as customers at a store. Property owners owe the highest level of duty to invitees and are required to take reasonable steps to ensure that their property is safe.
Licensees
Licensees are visitors who have permission to be on the property, such as social guests. Property owners are required to warn licensees of any known hazards but are not necessarily required to take steps to prevent accidents from occurring.
Trespassers
Trespassers are visitors who are on the property without permission. While property owners are generally not responsible for injuries that occur to trespassers unless the trespasser is a child, they may still be liable for injuries sustained by trespassers in certain circumstances.
Current Standard
When it comes to determining whether a property owner exercised reasonable care, courts take a comprehensive approach, examining various factors that contribute to the circumstances. These factors can range from
- the location of the property,
- the likelihood of someone entering the property in a certain way,
- the potential seriousness of harm.
- the property owner’s knowledge and control over the hazardous condition
- any other relevant considerations.
It is important to note that the property owner, in most cases, must have actual knowledge of the dangerous condition in order to be held liable. But if a property owner does not properly inspect his or her property, the owner may still be liable for harm caused by dangerous conditions of which he or she should have known. The new standard provides that trespassers are also owed a duty of care.
Our team of premises liability lawyers has addressed property owner liability issues in many different circumstances. If you are in a middle of a liability claim or want to pursue a lawsuit, do not hesitate to reach out to our law firm immediately.
What Are The Common Types Of Premises Liability Cases?
Premises liability cases can arise from a wide range of accidents and injuries that occur on someone else’s property due to unsafe conditions. Some of the most common types of premises liability cases include:
Slip And Fall Accidents
Slip and fall accidents can occur when someone slips or trips on a wet, slippery, or uneven surface, such as a wet floor, cracked sidewalk, or icy parking lot.
Dog Bites
If a dog bites someone on someone else’s property, the property owner may be held liable if they knew or should have known that the dog was dangerous.
Swimming Pool Accidents
Property owners with swimming pools have a duty to keep the pool area safe and secure and to warn visitors of any known hazards. Accidents can occur if the pool is not properly maintained, if there is inadequate fencing, or if the property owner fails to warn visitors of hazards.
Elevator Or Escalator Accidents
Property owners with elevators or escalators have a duty to keep them in safe working condition and to warn visitors of any known hazards. Accidents can occur if the equipment is not properly maintained, if there are defects or malfunctions, or if the property owner fails to warn visitors of hazards.
Falling Objects
Property owners have a duty to maintain their property in a reasonably safe condition and to prevent objects from falling on visitors. Accidents can occur if objects are not properly secured, if there are defects in the property or building structure, or if the property owner fails to warn visitors of hazards.
Inadequate Security
Property owners have a duty to provide adequate security to protect visitors from foreseeable criminal acts, such as assaults, robberies, or sexual assaults. This may include installing security cameras, hiring security guards, or implementing other measures to deter criminal activity.
Fires
Property owners have a duty to maintain their property in a safe condition and to address any fire hazards. If a fire occurs due to a property owner’s negligence, they may be held liable for any resulting injuries or damages.
Toxic Substances
Property owners have a duty to ensure that their property is free from hazardous or toxic substances, such as asbestos, mold, or lead paint. If a visitor is exposed to toxic substances and becomes ill or injured as a result, the property owner may be held liable.
Construction Accidents
Construction sites can be dangerous places, and property owners have a duty to ensure that their property is safe for workers and visitors alike. If a visitor is injured on a construction site due to a property owner’s negligence, they may be entitled to compensation.
Amusement Park Accidents
Amusement park rides and attractions can be fun and exciting, but they can also be dangerous if they are not properly maintained or operated. If a visitor is injured at an amusement park due to a property owner’s negligence, they may be entitled to compensation.
It’s important to take action and protect your legal rights after an accident on someone else’s property. Don’t let someone else’s negligence leave you with physical, emotional, and financial difficulties. Contact Our premises liability attorney in Alameda, CA today to schedule a consultation and learn more about your legal options.
Who Can Be Responsible In My Premises Liability Case?
For a premises liability case to be successful and to guarantee that the injured party receives the just compensation they are entitled to, it is essential to identify the potential defendants. This may include
- Property owners
- Property managers
- Tenants
- Contractors
- Maintenance companies
- Government agency
Contact our law office to schedule a consultation if you need legal assistance in identifying who can be liable for your injuries.
How Can I Prove My Premises Liability Claim In Alameda, CA?
To prove premises liability in California, you must be able to establish the following four elements:
The property owner owed you a duty of care
In California, property owners have a duty to exercise reasonable care to ensure the safety of those who come onto their property. The extent of this duty depends on the status of the visitor. For example, a property owner owes a higher duty of care to invitees (such as customers or guests) than to trespassers.
The property owner breached their duty of care
To establish a breach of duty, you must show that the property owner failed to take reasonable steps to address a known or foreseeable hazard on their property. This could include failing to repair a broken stair, failing to clean up a spill, or failing to provide adequate security.
The breach caused your injury
You must be able to establish a causal connection between the property owner’s breach of duty and your injury. For example, if you slipped and fell on a wet floor in a grocery store, you must be able to show that the store’s failure to clean up the spill caused your injuries.
You suffered damages as a result of the injury
Finally, you must be able to show that you suffered damages as a result of the injury, such as medical expenses, lost wages, or pain and suffering.
To prove premises liability, our premises liability attorney will assist you in gathering evidence to support your claim. This may include photographs of the hazard or the scene of the accident, witness statements, medical records, and other documentation. The sooner you contact us, the earlier we can begin the process. Call us right away!
What Damages Are Available For My Alameda Premises Liability Claim?
You may be eligible to receive compensation for a variety of damages if you have been hurt in an accident that was caused by someone else’s negligence and occurred in Alameda. In a case involving premises liability, the following types of damages are among those that may be awarded:
- Medical expenses
- Future medical care
- Lost wages
- Rehabilitation
- Disability
- Property damage
- Pain and suffering
- Mental anguish
- Loss of quality of life
- Disfigurement
- Scarring
- Loss of consortium
- Wrongful death
If there is evidence that you were injured intentionally or that the property owner displayed a reckless disregard for your safety, then punitive damages may also be available to you. These damages are intended to punish the wrongdoer financially.
Can I Recover Compensation If I Share Responsibility For My Accident?
Yes. California has “pure comparative negligence” regulations in place. Everyone who plays a role in causing an accident is responsible for it, including the people who were injured in it.
If you are found to be partially responsible for what happened, the amount of money you are awarded for damages will be reduced in proportion to the degree to which you were at fault. For instance, if you were found to be at 10 percent at fault, the amount of money that was awarded to you would be reduced by 10 percent.
If you get hurt while on the property of another person, the property owner and possibly their insurance company will try to pin the blame on you. The more blame that is placed on your shoulders, the less money they will be required to pay out of their own pocket.
Our premises liability attorney in Alameda, CA will step up and defend you against allegations of this nature. We will demand that they provide evidence that you are at fault, and we will refute any evidence that they present to us. Speak to us immediately so we discuss your case and prepare ahead.
How Long Do I Have to File a Premises Liability Lawsuit in Alameda, CA?
In the state of California, civil lawsuits involving premises liability have a two-year statute of limitations. If you want to protect your legal right to be compensated for the injuries you sustained, you must submit a claim within two years of the date on which you were hurt.
There are, to be sure, some exceptions to this general rule. However, they are extremely uncommon. For instance, you might be granted additional time if the victim is a juvenile. On the other hand, if you were injured while on government property, you might receive a shorter sentence.
Make sure you don’t miss the deadline that’s been set for your particular case. Call our Alameda, CA premises liability attorney as soon as possible following an injury.
Call Our Trusted Alameda Premises Liability Attorney Now!
If you or someone you care about was hurt while visiting a property that belongs to someone else, we want to fight for you. Talk to us about what happened as soon as possible so we can help you decide what to do next. Remember, injuries sustained on someone else’s property due to their negligence can be life-changing and have long-term effects on your quality of life. You don’t have to endure it alone without fighting for your rights.
Don’t let the responsible parties get away with their actions. At the Law Offices of Andrew Dosa, you can trust us to fight for your rights and advocate for your best interests every step of the way. Contact us today to schedule a consultation and let us help you get back on the road to recovery.
