Premises Liability Laws In California And How To Make A Claim

Accidental injuries are quite common in California and most of these injuries are due to someone else’s negligence. However, if you get injured on someone else’s property due to the owner’s negligence, you have the right to claim under the premises liability laws.

What are premises liability laws?

California’s premises liability laws state that the owner needs to keep their property in a reasonably safe condition which is called a “duty of care”. Therefore, if you are an owner of a property in California, you need to:

  • Maintain and inspect your property.
  • Get repairing done for any serious dangerous conditions.
  • Warn visitors of any dangerous conditions.

Even if the property owner has hired a contractor for fixing the unsafe condition, the owner is still responsible for the property’s condition and can be charged for negligence by the injured person. The injured person, even a trespasser can file a claim or a lawsuit of personal injury against the owner.

Filing a personal injury claim in California

Getting an expert personal injury attorneyfor filing a premises liability lawsuit in California is highly recommended who will guide you through each step of the process and help you get a fair claim. Arthoffer & Tonkin Law Offices P.C. in Redding CA have over 66 years of experience in handling any kind of personal injury cases with the best attention on each case. They are experienced litigators and if needed, are ready to handle your case through trial. Contact them for a no-cost consultation to discuss the personal injury case.

Examples of premises liability cases

Premises liability lawsuits can arise due to injuries on any kind of property that include:

  • Retail stores
  • Residences
  • Parking lots
  • Apartment buildings
  • Office buildings
  • Government property.

Some of the common types of premises liability cases are:

  • Slips and falls: These can occur due to unsafe conditions or unmanaged property conditions like broken rails, loose rugs, and carpets, uneven flooring, or uncovered tables.
  • Accidents of construction sites: Injuries to passersby or visitors caused due to the owner’s negligence of no warning signs.
  • Animal bites: Victims can recover compensation for dog bite claims under strict liability.
  • Amusement and water park accidents: California has many amusement parks and waterparks and the owners of these facilities are responsible to provide a safe environment for their patrons.
  • Accidents at home: Claims can be filed against a homeowner if a person gets injured at their premises.

Damages available under premises liability case

A person getting injured on someone else’s property has to file a lawsuit within 2 years from the injury date, failing which their case may be dismissed and they will get no compensation. They can seek damages for both economic and non-economic losses.

Economic damages

  • Reimbursement of medical bills
  • Lost wages
  • Future medical expenses
  • Property damage

Non-economic damages:

  • Pain and suffering
  • Losing a limb
  • Scarring
  • Disfigurement
  • Wrongful death claim by the deceased’s family members.

Sometimes a case of premises liability in California seems simple in the beginning but it may become more complicated owing to the involvement of the defendant’s insurance company. Therefore, hiring an experienced personal injury lawyer is the best option for recovering the best financial compensation for your injuries.