Anaheim Premises Liability Attorneys
Have you or someone you loved been injured on someone else’s property in an accident that wasn’t your fault in Anaheim? Did this accident cause you severe injury or financial loss? If so, the Anaheim personal injury attorneys at OnderLaw, LLC are waiting for your call. We specialize in filing personal injury claims and lawsuits to obtain compensation for people harmed by another party’s negligence.
Call us today at (314) 963-9000 to determine if you’re eligible. The consultation is absolutely free, and we will discuss all options available to you. Call OnderLaw, LLC today.
What Is Premises Liability?
Premises liability law exists to hold property owners and managers accountable for the injuries or damages that occur on properties they own or control. It’s based on California Civil Code 1714, which states that anyone that controls a property has an obligation to keep that property safe from hazards and avoid harming anyone who visits it. If the entity that controls a property doesn’t use reasonable care in maintaining a property and someone is injured while on it, the party responsible for the property can be held liable for the injuries or losses sustained.
Property Owner or Manager Responsibilities in California
A property owner or manager must keep the property they control safe for anyone on it. If you can prove that an owner or manager was negligent in this duty, you may be able to obtain compensation through an injury claim or lawsuit. In order to prove this, you must establish the same elements as you would for other personal injury cases. You must show that the property owner had a duty to behave a certain way, they didn’t behave as they should, their behavior caused the accident, and this accident caused you injury or loss.
Which party is responsible depends on the type of property on which the injury occurred. Multiple parties can be held responsible for injuries in premises liability cases, such as:
- Property owner
- Property manager
- Business owner
- Business manager
- Property management company
- Parent company
- Employee of any management company
In most cases, this responsibility cannot be delegated away. For instance, say a property owner hires a contractor to repair a broken stairway handrail, and the contractor doesn’t secure the handrail properly. The improper repair leads to an injury to a tenant. In that case, the property owner can still be held liable for the injury.
When determining what party should be held responsible in premises liability cases, the following may be considered:
- The property’s location
- The likelihood that someone would enter the property
- The chance of injury
- The seriousness of that injury
- The property owner or manager’s degree of control over the property
- Whether the property owner or manager knew or should have known about the hazard that caused your injury
- The cost of repairing or mitigating the hazard
Common Locations for Premises Liability Cases
Premises liability accidents can happen on public or private land. Regardless of who owns or controls a property, they must make it safe for anyone who enters. Some of the more common locations for premises liability cases include:
- Construction sites. Construction site workers are covered under a workers’ compensation policy, but any injuries you sustain while visiting a construction site can prompt premises liability cases.
- Empty homes. Even empty or abandoned homes must be kept free of hazards, such as uncovered swimming pools.
- Amusement parks. Slipping on wet pavement while waiting in line at an amusement park could be the basis of a premises liability claim.
- Shopping malls. The manager of a shopping mall may be held liable for any injuries occurring on the property.
- Public sidewalks. Even a slip and fall accident on a public sidewalk can be the basis for a premises liability claim.
- If you’re injured while staying at a hotel, the owner or manager may be held responsible.
- Apartment complexes. Accidents in stairwells or elevators at apartment complexes are common premises liability cases.
- Private homes. If you’re visiting a friend’s home and trip on loose flooring or carpeting, you can hold the owner responsible for any injury.
- Parking lots. Pedestrian accidents are common in parking lots, and store owners or managers can be held liable for property damage or injury.
- Grocery stores. Slipping on a wet floor with no signage warning of the hazard could be the basis of a premises liability claim.
Types of Premises Liability Accidents
The types of accidents that are covered under a premises liability claim vary widely, as any injury that isn’t your fault that occurs on almost any property outside your home could qualify. Some of the injuries we see result from:
- Dog bites
- Slip and fall accidents
- Elevator and escalator accidents
- Stairway accidents
- Swimming pool accidents
- Overhead hazard accidents
- Construction site accidents
- Defective condition accidents
- Inadequate security accidents
- Amusement park accidents
Compensation for Injuries on Public, Private, or Commercial Properties
The amount of compensation you may be able to obtain for your premises liability accident depends on the type of accident, the severity of the injury, and any losses you sustain as a result. In general, the more severe your accident or injury, the more you should demand in compensation from the responsible party.
It’s nearly impossible to determine the exact amount you may be able to obtain without a full review of your accident and the circumstances that caused it.
The amount you should demand is determined by tallying up the losses you sustained as a result of the accident. Some of these losses are easy to understand, such as medical bills. Others, like pain and suffering, require the assistance of an attorney to help estimate.
Losses with a specific dollar amount are called economic damages. These are any losses that are material and require financial resources to treat or manage. Some examples include:
- Medical bills. You can be compensated for any and all out-of-pocket expenses required to treat your injury. This can include hospital bills, doctor’s office bills, prescription medication, rehabilitation, or therapy.
- Lost wages. If your injury causes you to lose time from work, you can be compensated for any lost wages, now or in the future.
- Property damage. If your accident also ends in damage to or destruction of your personal property, you can be compensated for the costs of repairing or replacing the item.
- Household expenses. If you’re forced to hire outside help for household chores like cooking or cleaning while you recover from your injury, you can be compensated for the cost of doing so.
- Lost opportunity. You can be compensated for losing the chance to pursue a business or education opportunity as a result of your injury.
Non-economic damages are any losses that relate to the injury itself and not the financial toll of treating or managing it. Compensation for non-economic damages is meant to make up for the mental toll the injury takes on your life. There are several categories of losses available, including:
- Pain and suffering. Compensation for pain and suffering is meant to make up for the loss of your well-being and mental health after an accident.
- Mental anguish. You can be compensated for any feelings of fear, dread, trauma, anxiety, depression, or insomnia related to your injury.
- Emotional distress. If your accident leads to an unpleasant emotional response when recalling the memory of the injury, you can be compensated for this loss.
- Loss of enjoyment of life. If your injury leaves you unable to participate in the activities you enjoyed before the accident, you can be compensated for this.
- Loss of consortium. If your accident ends in the loss of a loved one’s companionship, you can recover compensation for this loss.
California also allows you to pursue exemplary damages in cases of extreme malice, oppression, or fraud. These are not meant to compensate you for any loss but to punish the responsible party for their gross negligence and deter them from acting in the same manner again. Exemplary damages are not capped in California, but they can only be awarded by a judge or jury.
Call Today for a Free Consultation
If you or someone you love was injured while on another person’s property through no fault of your own, contact the premises liability attorneys of OnderLaw, LLC for a free consultation. We will examine your case to see if you have a valid claim for compensation at no cost to you.
We don’t want to add to the burden you carry while you deal with your injuries, so you will owe us no legal fees upfront. We believe everyone is entitled to quality legal representation. For that reason, we operate on a contingency fee basis. You don’t have to pay us anything until we obtain compensation for you. If we are unsuccessful in getting you money, you won’t ever owe us anything.
The statute of limitations on injury lawsuits in California is only two years, so time is a factor. Don’t wait, and don’t let money worries keep you from pursuing the compensation you deserve. Call (314) 963-9000 today.