Anyone who has been injured on a person’s property, or at a place of business, should contact a premises liability lawyer to analyze the incident, determine if there is a case, and allow the attorney to resolve the maximum settlement that is deserved. A premises liability lawsuit holds a property owner responsible for any damages resulting from breach of duty or negligence in ensuring that the grounds or dwelling is safe. At Jacoby and Meyers our personal injury attorneys also help you get immediate medical treatment with the goal to ensure your wellness, and they work to help you avoid future medical bills.
What are Some Examples of Premises Liability Injuries?
Most personal injury lawyers take on premises liability cases that revolve around the following unjust causes:
- Slip and fall accidents
- Dog bites
- Negligent security
- Swimming pool injury
- Child injuries (trampolines, playground equipment, etc)
- Negligent maintenance
- Restaurant liability
- Retail store liability
- Apartment complex liability
- Hotel and resort liability
- Tourism liability
If you or a loved one incurs physical trauma and suffering as a result of one of the above premises liability injuries, call Jacoby and Meyers today to get expert advice from one of our personal injury lawyers.
Should I Call a Personal Injury Lawyer if Part of the Premises Liability is My Fault?
In many cases, a plaintiff (you, the injured person), may share a certain percentage of fault when it comes to comparative negligence. Whether your share of fault is high or low, it is imperative to call Jacoby and Meyers. Regardless of the percentage, the defendant will still be partially responsible for your injury and you are still entitled to get compensated.
Never settle with your insurance company or sign anything before talking to an attorney. You still deserve compensation for your injuries and any damage to your property that may have resulted from a premises liability injury.
California Slip and Fall Lawyers Near Me
When property owners and business locations fail to maintain safety standards and hazardous conditions result from negligence, slip and fall accidents can occur. These can range in various injury levels from sprained ankles and broken bones, to catastrophic brain injuries when one hits their head on a hard surface.
Hazardous conditions created by a business, or that exist on the property as a direct result of the property's business or daily activities, would be in the purview of a premises liability cause of action. If a duty is owed to a patron, visitor or invited guest, then that person would qualify for a successful and meritorious cause of action for premises liability if the rest of the elements are present: namely causation (an act or inaction by the defendant) caused direct harm to the plaintiff. All elements of the law must be shown or proven to have a successful legal claim based on premises liability.
Often, these elements are easily met in the case of a slip and fall accident that results in an injury. For example, if a shopping mall or supermarket fails to keep their floors clear from anything that might cause a fall, and if a person slips on the contents of a broken olive oil bottle, or trips over an extension cord for an industrial floor polisher, the person could potentially have a successful claim for premises liability. Facts like how long the broken bottle had been left on the floor, and how routinely the staff inspects aisles and removes cleaning appliances, will matter. In addition, whether or not store employees had actual or constructive notice of the dangerous floor conditions will come into question in a premises liability case.
Legal Burden of Proof for Plaintiffs in a California Premises Liability Lawsuit
According to Civil Code Section 1714(a), the essential elements of a negligence claim against a property owner in the context of premises liability are:
- The defendant owned, leased, occupied or controlled the property.
- The defendant was negligent in the use of property maintenance.
- The plaintiff was harmed.
- The defendant’s negligence was a substantial factor in causing the plaintiff’s injuries.
In order for a premises liability lawsuit to be filed, one or more of these elements must be in existence.
Jacoby and Meyers: Leading Slip and Fall Lawyers in California
Whether your slip and fall occurred in Los Angeles, San Diego, or Sacramento, our team of attorneys and litigation experts at Jacoby and Meyers can help you get the maximum settlement, regardless of comparative negligence and many other factors. Since 1972 we have been getting our clients large settlements and the medical treatment they needed when it mattered the most. Whether you were injured on public or private property, call us today and get an in-depth understanding of your rights, and potential case.