Premises Liability Lawyers in California

When you go to the grocery store, take your children to school, or walk in a park, the last thing you expect is to suffer an injury. But there are dangerous businesses and properties throughout California. If someone enters a property where there is a hazardous condition, they could suffer broken bones, head trauma, spine injuries, burns, and more. If that happens to you, The King Law Firm is ready to step in and assist with a premises liability claim. 

The top California premises liability attorneys at The King Law Firm have years of premises liability law experience and will fight for the most compensation in your case so you can recover fully from your injuries. Founder and Lead Attorney Kenneth King has been named to Best Lawyers In America, Best Law Firms, and SuperLawyers, so he is highly qualified to take your case to a successful conclusion. Call (805) 448-4306 for help with your premises liability case.

Judges Hammer With Premises Liability Book

What Is Premises Liability? 

Premises liability is a legal doctrine that requires property owners to protect others from hazardous conditions that can cause injury. If the property owner doesn’t maintain their property properly or warn visitors of known hazards and someone gets hurt, they may be liable for the person’s economic and non-economic losses. 

A premises liability claim requires the injured party to prove the property owner was negligent. California premises liability lawyers at The King Law Firm may help you gather critical evidence to prove that the property owner’s negligence led to your injuries. 

California Premises Liability Laws

California Civil Code 1714 is the state law that outlines injury liability caused by another person’s or entity’s negligence. The law says that owners must keep their properties free of dangerous conditions by conducting regular inspections. They must replace, repair, or offer reasonable warnings about hazardous property conditions to protect visitors and guests. 

California property owners who do not repair hazardous conditions on their property or don’t warn about them will be found liable if they knew or should have known about the hazards. 

California law mentions the following three types of visitors to a property: 

  • Invitee: An invitee has the owner’s permission or implied permission to be there. Invitees can be friends, relatives, or neighbors at a personal residence. They also can be customers at a place of business, such as a grocery store. If you are a guest at your neighbor’s home, you are owed the highest duty of care. 
  • Licensee: A licensee has the express or implied permission of the property owner to be there. Sales professionals, for instance, are licensees when they are at their place of work. The owner generally has a lesser duty of care to them than to invitees, but licensees can file a successful premises liability claim in many instances. 
  • Trespasser: Trespassers are not authorized to be on the property and have no legal basis to be there. The property owner doesn’t usually owe a trespasser a duty of care, but there are exceptions, such as a child trespasser. 

Common Types Of Premises Liability Cases

Many unsafe or hazardous property conditions can trigger a California premises liability claim. Some of the most common premises liability accidents that can lead to a personal injury claim are: 

Slip And Fall

Many conditions can cause a slip-and-fall accident. These incidents generally occur in a business property but also can happen at a private residence. Common issues that can cause someone to slip and fall are: 

  • Loose or broken flooring
  • Faulty stairs
  • Wet floors
  • Snow and ice on sidewalks
  • Extension cords on the floor
  • Rugs or carpets laid improperly
  • Door thresholds

Suppose you walk into an electronics store and slip inside the front door in a puddle of water. In that case, the employee tasked with cleaning up the spill may have forgotten to post a warning about the wet floor.

Caution Tape Around A Playground

Dangerous Materials Left Unattended

The owner can be liable for injuries if dangerous materials are left on a property. Examples of hazardous materials that could cause injury if left unattended are dangerous chemicals, exposed wiring, and flammable liquids. If toxic cleaning chemicals are left unattended in a public place and they cause an injury, the property owner could be liable. 

Lack Of Security 

When people visit a business or apartment building, they should be able to do so without risk of harm. Building owners are responsible for ensuring sufficient security to ensure guests or residents are safe. 

For instance, an apartment building should have security guards outside the entrance or on the first floor. Or, a bar owner should have sufficient security personnel to assist if a fight occurs. If the property owner doesn’t have a security plan, an injured patron could file a premises liability claim because reasonable actions were not taken to ensure visitor safety. 

Dog Bites

Dog bite claims are common throughout Southern California. For example, if an employee works on a construction project in a client’s home and the dog bites them, they could file a claim against the owner. Or, if a dog bites you on the street, you could file a claim against the owner for damages. 

Swimming Pool Accidents

Swimming pool accidents can happen at public or private pools and often involve children. For example, if a homeowner has a pool in the backyard that doesn’t have a fence or cover and a child is hurt, they could be liable for any injuries. Sometimes, even a trespasser could file a premises liability claim if a swimming pool was not adequately secured. 

Why You Need A California Premises Liability Attorney 

A skilled California premises liability lawyer is invaluable to prove your case and obtain maximum compensation for your losses. Some of the ways your attorney will help you are: 

  • Collect evidence to prove the owner’s negligence caused the accident. 
  • File a claim with the defendant’s insurance company and negotiate a settlement. 
  • Manage your current and future medical treatments. 
  • Properly value your case, considering your current and future medical needs, lost current and future income, pain and suffering, mental anguish, and more. 
  • If necessary, initiate a premises liability lawsuit. 

Compensation In A Premises Liability Case

There are several types of economic and non-economic damages you may be entitled to in your premises liability claim, including: 

  • Medical expenses: You can be reimbursed for the past, current, and future medical expenses related to your injury. This compensation could include doctor appointments, surgeries, hospital stays, rehabilitation, in-home medical supplies and devices, at-home care, prescriptions, etc. Your attorney will also calculate your future medical needs. 
  • Loss of earning capacity: If your injury causes long-term or permanent disability, you will probably earn less money over the years. You should receive the difference between what you could have made before the injury and what you can make now. 
  • Physical pain: You also should receive compensation for the physical pain stemming from your injuries and treatments. This is subjective and open to interpretation, but your attorney will use your medical records and doctor’s testimony to fight for the most compensation for your discomfort. 
  • Mental anguish: In addition to your physical discomfort, serious injuries can devastate you mentally and emotionally.
Person Standing Before A Caution Tape On Road

How To Prove Negligence In A Premises Liability Case

Receiving compensation for your injuries and related losses in a premises liability claim requires proving the following: 

  • There was an unreasonable hazard on the property. For example, a damaged set of stairs and handrails could cause an injury. 
  • The property owner knew or should have known about the danger. Using the example above, the owner should have been aware of stairs and handrails in disrepair going into a business. 
  • The owner didn’t remedy the hazard or post a warning. 
  • You suffered injuries and damages because of the hazardous property condition. 

To win a California premises liability accident claim, you must prove that the property owner was aware of the hazard before you were injured. This can be actual or constructive knowledge. 

Actual knowledge means the property owner was aware the danger existed. Evidence that proves actual knowledge could be testimony from the owner stating that they were aware of the hazard. Other important evidence could be texts, emails, photos, or videos showing the owner’s awareness of the issue. 

Constructive knowledge means that the owner should have been aware of the danger if they had undertaken reasonable efforts to make sure the property was safe. 

Your premises liability attorney will review your case and work tirelessly to prove there was a dangerous condition on the property, and the owner didn’t rectify or warn of it. 

Contact A California Premises Liability Attorney Today 

When you are hurt on another person’s or entity’s property, you may be entitled to compensation for your losses. The California premises liability attorneys at The King Law Firm have handled many of these complex cases successfully over the years. For example, Attorney King recently helped a Sylmar, California, resident recover $1 million after he slipped and fell in a restaurant. Don’t take on the insurance company alone. Let our premises liability attorneys get the most compensation for your losses. Call (805) 448-4306 today for immediate legal assistance.

To discover the wide range of legal services provided by The King Law Firm, including representation in personal injury cases, or to schedule a free consultation, don’t hesitate to reach out to our team. For further information on how we can help you, visit our page dedicated to personal injury law.