Premises liability laws in California hold property and business owners responsible for maintaining safe conditions on their property. If you suffer an injury due to hazardous conditions, our team of expert premises liability lawyers at BD&J can help you claim compensation for medical expenses, lost wages, and other damages.
Common Injuries in Premises Liability Cases
Hazardous property conditions can cause a wide range of injuries, including:
- Head injuries. Concussions and traumatic brain injuries (TBIs) can lead to memory loss, dizziness, chronic headaches, and cognitive impairment.
- Spinal injuries. Damage to the spine may cause herniated discs, fractures, nerve damage, or even paralysis.
- Broken bones. Fractures in the hip, wrist, ankle, or legs often require extensive medical care and recovery time.
- Soft tissue injuries. Muscle, tendon, and other soft tissue injuries can result in chronic pain and mobility issues.
- Burns. Severe burns may cause permanent scarring and nerve damage, sometimes requiring skin grafts or long-term treatment.
- Electrocution. Nerve damage, electrical burns, heart complications, and long-term neurological effects may result from electrical shocks.
Common Causes of Premises Accidents
Premises liability accidents often stem from preventable hazards that property owners failed to address or warn visitors of, such as poor property maintenance or negligent safety measures.
Slip and Fall Accidents
Slip and fall accidents are a leading cause of premises liability accidents and often result from:
- Wet or icy floors.
- Uneven sidewalks or damaged floors.
- Poor lighting.
Property owners must clean up spills, repair damaged flooring, and warn visitors about slippery surfaces. For example, customers can slip and fall if a business has freshly mopped floors but fails to place appropriate warning signs.
Poor Building or Facility Maintenance
Unsafe structural hazards put visitors at risk, and property and business owners must conduct regular inspections and address problems promptly to prevent accidents. If a landlord fails to repair broken stairs or a malfunctioning elevator, they may be responsible for resulting tenant injuries.
Inadequate Security
Property owners must provide adequate security measures to protect visitors from criminal activities. In high-crime areas, for example, failure to implement secure locks, security cameras, and proper lighting at a hotel may leave guests vulnerable to assaults.
Dog Bites and Animal Attacks
In California, dog owners, landlords of buildings with dogs, and other parties are responsible for ensuring proper animal control on private and public property. Liability depends on several factors, such as measures taken to prevent harm and knowledge of a dog’s aggressive behavior. For example, if the landlord or property manager knowingly allowed a tenant to keep an aggressive animal on the property without enforcing safety measures, they may be responsible for injuries to a visitor in a common area.
Who Can Be Held Liable?
Responsibility for premises liability claims may fall to several parties, depending on who controlled the property and failed to address hazards. Landlords and property owners are responsible for ensuring their premises are safe for tenants and visitors. Tenants may be responsible for injuries that occur within their rented space, but landlords can still face liability if they fail to address known problems in the unit.
Store owners, restaurants, office buildings, and other commercial properties should be safe for employees and visitors. Businesses and commercial property owners are often held to a higher standard of care since they invite the public onto the premises.
If an accident occurs in a public area, such as a park or government building, victims may file a claim against the government agency responsible for the space. These cases are complex since claims against government entities are subject to strict procedures.
How Is Negligence Proven?
Plaintiffs must establish property owner negligence to evidence a premises liability claim. This involves proving the following elements.
- Duty of care: Property owners have a duty to ensure their premises are reasonably safe for visitors. That includes inspecting for hazards, addressing hazards, or adequately warning visitors.
- Breach of duty: A breach of duty occurs when owners fail to maintain safe conditions or prevent harm, such as ignoring known hazards.
- Causation: The victim must show the hazard directly caused their injury, typically with medical records or visual evidence.
- Damages: Victims must also demonstrate that their injury resulted in damages.
Types of Damages You Can Receive
You can claim different types of damages depending on the severity and impact of your injury.
Economic Damages
Compensation for economic damages covers financial losses resulting from the accident, such as:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
Noneconomic Damages
Noneconomic damages compensate you for non-tangible damages that don’t have a standardized financial value. These damages include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
Punitive Damages
Some victims receive compensation for punitive damages, which are meant to punish parties in cases of gross negligence.
How a Personal Injury Attorney Can Help
A personal injury lawyer can provide support for premises liability claims in San Francisco by:
- Gathering and analyzing evidence to build a strong case.
- Submitting court filings and insurance claims accurately.
- Negotiating with insurance companies to ensure all damages are considered.
- Representing clients in court if a fair settlement isn’t reached.
Contact BD&J for Legal Support
With support from an expert personal injury lawyer, you can hold property owners accountable and recover fair compensation for your injuries. Contact us to discuss your case with an experienced attorney.
