If you’re injured because of falling decorations, loose steps, cluttered spaces, or uneven flooring, you have a right to claim against the people responsible for that property. As a premises liability attorney in San Diego, we can assist you with claims against property owners or managers who are negligent in their responsibility to maintain their properties.
Common Injuries Sustained in Premises Liability Accidents
Premises liability accidents can take many forms, but some common injuries include:
- Broken bones: Slips, trips, and falls can lead to broken bones.
- Soft tissue injuries: Cuts, lacerations, bruising, and sprained or strained muscles may also occur due to a slip or fall.
- Concussions: Building site accidents or other accidents involving falling decor could lead to concussions.
- Electrocutions or chemical injuries: Workshops, garages, and other potentially dangerous environments may see accidents involving electrical wiring or chemicals.
Any injury that occurred on someone’s premises as a result of their negligence could qualify for a claim. Consult a San Diego premises liability lawyer if you think you have a case against a property owner or premises manager.
Types of Premises Accidents
Injuries that occur on someone else’s property may qualify for a premises liability case. Some examples include:
- Elevator accidents
- Slips, trips, and falls in public spaces
- Stair collapse incidents
- Fires
- Amusement park accidents
- Swimming pool accidents
The above are just a few examples of premises accidents. Some other incidents, such as injuries caused by negligent or absent security, may also be viewed as being potential premises liability cases. Consult with a San Diego premises liability law firm for advice on the specifics of your case.
Who Can Be Held Liable in These Cases?
Anyone who is responsible for the management of a facility could be considered liable, depending on the circumstances of the accident. The property owners and the current tenants or managers of the property are the most obvious examples of people who are likely to shoulder liability for an injury someone sustained on their premises. However, depending on the nature of the case, there may be other individuals who could be pursued for damages.
For example, if a stairwell collapses in a shopping mall, the court would want to determine why the incident happened. Was the stairwell properly installed and maintained? Were the materials used in the construction of the mall fit for purpose? Anyone involved in the construction of the stairwell could be evaluated to determine fault.
How Is Negligence Proven in These Cases?
To prove negligence in a premises liability case, you must prove you were injured while on the premises legally and that the injury caused damages. You’ll also have to prove:
- That the property owner or manager had a duty of care to you
- That the duty of care was breached
- That this breach caused the accident
- That the accident caused a measurable loss to you
Proving this chain of events can be difficult, and it’s a good idea to talk to a premises liability lawyer in San Diego to get help with putting together a strong case.
What Compensation Can You Receive
If you’re raising a premises liability claim in San Diego, you may be able to claim compensation for the following:
- Medical expenses
- Medically necessary home adaptations or mobility aids relating to the injuries sustained
- Loss of earnings
- Out-of-pocket expenses relating to the accident
- Non-economic damages, such as pain and suffering
The amount of compensation you can claim depends on the severity of your injuries and the nature of the accident. Try to keep detailed records of your injuries and the medical treatments you received, as well as evidence relating to how the accident occurred. It may also be helpful to keep a diary of how the accident has had a long-term impact on your life, so you can demonstrate the loss you’ve incurred in court.
How a Personal Injury Attorney Can Help
Personal injury attorneys can help you understand the court process and file a claim that’s more likely to succeed. They can advise you on what records to provide, any deadlines you need to follow, and the best way to word your claim. They can also advise you on what sort of award you can expect and help you decide whether to take any offers if the Defendant tries to settle the claim outside of court.
BD&J Injury Lawyers Can Help
If you or someone close to you has suffered an injury and is considering making a premises liability claim, it’s a good idea to seek legal advice as quickly as possible after the incident. We’re a premises liability firm in San Diego with extensive experience assisting with compensation claims. Contact us today for advice about the best way to proceed with your claim.
