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Premises Liability Injuries

Injuries on the property (accidents in restaurants, supermarkets, other people’s homes, etc.) are called “premises liability” cases. Falling objects, slipping on walkways and floors, etc., are common ways people get injured on the property. The most common type of premises liability case is the slip and fall case.

A premises liability accident can take the form of a slip/trip and fall, dog attack, swimming pool accident, asbestos exposure, collapsing structure, elevator accident, and many other property-related incidents. Any defect or hazard on someone else’s property that causes your accident and injury could be grounds for a premises liability lawsuit in California. Recognizing when you have a case may take investigation from a lawyer.

If you or a family member sustained a serious injury in a San Diego premises liability accident, contact the Law Offices of Howard Kitay. Our lawyers can immediately go to work to help you and your family, filing the proper paperwork and claiming all accident-related damages on your behalf. The sooner you contact our firm, the better for your case.

What Is Premises Liability Law?

Premises liability refers to the legal standards by which all property owners in California must control and maintain their premises. Failure to fulfill accepted property care standards, causing someone else’s injury, is negligence. As the victim of a property owner’s negligence in San Diego, you have rights. You may file a civil claim against the at-fault property owner in pursuit of damages such as:

  • Payment of past and future medical bills
  • Reimbursement for lost wages and property damage
  • Compensation for physical pain, suffering, and emotional distress
  • Additional punitive damages for gross negligence

The owner of private property, your employer, a commercial business owner, a school, amusement park, or the city of San Diego could be liable for your premises liability accident. You must prove that you were on the property legally, that the property owner (or other defendants) knew or should have known of the hazard that caused your accident, and that the property owner negligently failed to remedy the situation within a reasonable amount of time, resulting in your accident. A lawyer can help you with your burden of proof.

WHAT ARE “PREMISES LIABILITY” CASES?

Slip and fall cases are the hardest to win; most San Diego slip and fall lawyers do not accept them. These cases are undervalued by insurance companies. Slip and fall victims need an experienced San Diego slip and fall accident attorney who knows how to win. The slip and fall accident attorney must be a combination of Sherlock Holmes, Sigmund Freud, and Arnold Schwarzenegger; in other words, the premise liability attorney must be a detective, psychiatrist, and warrior.

The Notice Requirement. The injured victim must prove the owner or occupier of the premises knew or should have known about the dangerous condition, and failed to make it safe or warn of the danger. In some cases, this is simply impossible. In others, an experienced San Diego slip and fall attorney will use the rules of discovery to obtain evidence necessary to win the case.

Types of Premises Liability Injuries

In our decades of experience handling intricate personal injury cases, we’ve come to recognize the most common types of incidents that lead to premises liability claims. Slip and fall accidents are the most common. A slip and fall can occur when there isn’t enough lighting in a room or parking lot, when a surface isn’t even, or when someone fails to clean a wet floor quickly enough. Falls cause common injuries such as hip and wrist fractures, as well as potential head and brain injuries.

Other types of premises liability injuries can involve dangerous construction zones, lack of employee training in a store, elevator/escalator malfunctions, failure to restrain dogs and other pets, leaving obstacles in a stairway, uneven sidewalks, building code violations, falling store merchandise, loose stairway railings, and open trenches. Virtually any property hazard the owner should have repaired or warned visitors of that causes an injury could result in a California premises liability lawsuit. Contact a lawyer to find out if you have a case after being injured on someone else’s property.

There are many types of injuries that can occur while you are on someone else’s premises. Some of these types of premises liability injuries include:

  • Wet and slippery floors
  • Inadequate lighting that hides obstacles or invites crime
  • Construction that leaves dangerous objects lying around or gaps in the floor and stairs
  • Insufficient training of employees
  • A malfunctioning elevator
  • Failure to clear snow and ice, or failure to drain rain adequately
  • Not restraining guard dogs sufficiently
  • Failure to train security guards well enough
  • Obstacles on a stairway
  • Uneven pavement
  • Open trench
  • Dangerous condition on the property without adequate warning
  • Building code violation
  • Falling merchandise in the store
  • Loose stairway railing
  • Hazardous activity

Contact a Premises Liability Injuries Attorney

Going to the hospital, missing work, and experiencing pain and suffering is reason enough to pursue damage recovery through a premises liability lawsuit. These are damages you would not have incurred were it not for the negligence of someone else – likely, a careless property owner. If you suspect someone else’s insurance company should have to pay for your economic and non-economic losses, contact a San Diego premises liability lawyer. A lawyer can review your case (for free at the Law Offices of Howard Kitay) and help you discover your potential right to financial compensation.

If you have suffered an injury while on someone else’s premises in San Diego, please call the San Diego slip and fall attorneys at The Offices of Howard Kitay today for a free case evaluation.

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