Chula Vista Premises Liability Attorneys
If you sustained an injury on another person’s commercial or residential property, you could hold the owner liable if they were at fault for the accident. At OnderLaw, LLC, our Chula Vista personal injury attorneys can help you pursue the compensation you deserve to cover your medical care and other incurred costs.
A premises liability case involves holding a property owner liable for losses suffered on their property due to dangerous conditions existing there. Negligence often comes into play, which is someone’s failure to provide a reasonable degree of care to avoid causing injury or death to another person. It is the owner’s duty to maintain their property and make prompt repairs to any damage to keep guests safe. If they’re aware of hazards but don’t address them, they would be at fault for an accident that occurs.
OnderLaw, LLC knows state laws regarding cases like this and could provide the legal representation and guidance you need. You deserve the opportunity to recover the money you’re owed because of expenses you’ve incurred due to the negligent property owner’s actions. If you weren’t partially responsible for the accident, you should not be forced to pay out of pocket for any associated bills. The at-fault party should face the consequences and provide the financial means for you to heal your injury.
Call us at (314) 963-9000 for a free consultation with one of our Chula Vista premises liability attorneys to learn more about the available legal options.
Property Owner/Manager Responsibility in California
A property owner is someone who owns, controls, leases, or occupies a premises. The owner could be held liable for any accident that happens on their property. That means they become financially responsible for the victim’s injury and resulting losses. However, they don’t necessarily have to be the person to cause the accident directly.
For example, the owner of a business is responsible for their actions, as well as the actions of their employees. If they ask the janitor to clean up a spilled liquid and that person doesn’t do it, the owner could still be liable if someone slips and gets hurt. It is the owner’s property, and they are responsible for its condition.
A variety of different parties typically can be at fault for accidents on residential and commercial properties. They are:
- Business owners
- Parent companies
- Maintenance workers
- Property management companies
- Contractors and subcontractors
Since determining fault is often a challenge in premises liability cases, hiring a lawyer immediately after the accident is critical. OnderLaw, LLC knows how to thoroughly investigate these incidents and locate the evidence we need to prove what happened.
Places Where Premises Liability Claims Could Arise
The unfortunate truth is that accidents can happen on any type of property. Whether you’re inside or outside, any hazards that exist could harm you. You could fall down a damaged flight of stairs at a friend’s house or trip over debris at a public park. The dangerous conditions you encounter increase the risk of an accident.
The Chula Vista premises liability attorneys of OnderLaw, LLC know the physical, emotional, and financial toll an injury can take. It’s something that interferes with every aspect of your life. If you suffer a severe injury, you might face months or years of painful recovery.
Over time, the medical expenses begin to add up and can lead to economic strain. You should not have to face these consequences when someone else’s negligence caused the accident. We have many years of experience representing clients like you in premises liability cases involving various properties, including:
- Public and private swimming pools
- Office buildings
- Friends’ or family members’ homes
- Apartment complexes
- Retail stores
- Parking lots
- Shopping malls
- Public parks
- Concert venues and sports arenas
- Amusement parks
This isn’t a complete list of the properties that could be involved in a premises liability case. Any public or private place you go to could be the site of various hazards that lead to an injury or even someone’s death.
You should not face the overwhelming stress of paying for your medical bills and other costs if your actions didn’t contribute to your injury. The at-fault property owner should accept liability for their wrongdoing and provide the compensation you need to afford the expenses you incur.
If you’re left with a permanent injury, it could significantly affect your future. You might need ongoing medical care, assistance to perform routine tasks, and an assistive device, such as a wheelchair. A disabling condition following a premises liability accident doesn’t only cause physical damage but also psychological trauma that can last a lifetime.
Types of Premises Liability Accidents
You might not realize the range of scenarios that can arise on any type of property. Although you feel safe in familiar places, accidents could happen that result in injuries. The most common types of premises liability accidents include:
- Exposure to harmful chemicals
- Dog bites and attacks
- Explosions and fires
- Elevator and escalator accidents
- Collapsed balconies, porches, and ceilings
- Slip/trip and falls
- Swimming pool accidents
- Defective steps and staircases
- Negligent security personnel
Sometimes, accidents are just accidents. They’re the result of nothing other than an unfortunate situation. However, many times it’s the owner, a company employee, or another party that created or ignored the danger, and they should be held accountable for their misconduct.
Whether intentional or unintentional, their actions could cause a range of circumstances to arise and lead to a premises liability accident. The most common causes of these types of accidental injuries include:
- Uneven sidewalks
- Violation of building safety codes
- Exposed electrical wires and components
- Unsafe flooring transitions
- Loose rugs and mats
- Inadequate lighting in dark areas
- Debris and other hazards in walkways
- Wet floors
- Inexperienced security guards
- Steep staircases
- Lack of warning signs near hazards
- Damaged railings
- Poorly maintained property
- Unrepaired damage
- Malfunctioning elevators or escalators
Do not hesitate to call OnderLaw, LLC if any of these or some other scenario led to your injury. Our Chula Vista premises liability attorneys are ready to take on your case and help you pursue the maximum compensation available.
Compensation for Injuries on Private, Public, or Commercial Properties
If you choose to pursue a case against the property owner, you could recover the compensation you need to pay for the losses you suffered, such as:
- Pain and suffering
- Medical expenses
- Lost wages
- Lost earning capacity
- Physical impairment or disfigurement
- Emotional distress
- Loss of enjoyment of life
- Damage to personal property
The type of premises where you were injured will determine the process you need to follow to pursue compensation. Three main types exist in premises liability: residential, commercial, and governmental. There is a different set of rules and procedures for each one.
Residential Property Claims
You don’t have to worry about how pursuing a case for an accident at a friend’s house will affect your relationship. You don’t have to go after them directly for compensation. Instead, you can bring a claim against their homeowners’ insurance company. Ask for their insurance policy information and request a copy of their policy.
OnderLaw, LLC can take care of this step on your behalf. We’re familiar with reviewing insurance policies to determine the available coverage. We can file a claim and obtain the evidence we need to prove fault. If the insurance company denies your claim or refuses to settle for the amount of money you need, we could file a lawsuit for you if that’s your choice.
However, filing a lawsuit requires following a strict timeframe known as a statute of limitations. The statute of limitations in California is two years. That means you have two years from the date of the accident to file your lawsuit, or you could lose your right to pursue compensation in court.
Public Property Owners
Injured victims can file a claim or lawsuit against the owner’s general liability insurance carrier, whether the accident happened at a grocery store, restaurant, or movie theater. As long as it was on commercial property, you may be able to pursue compensation from the owner.
Cases Against Governmental Entities and Employees
The California Tort Claims Act waives sovereign immunity, which typically protects the government from liability, and allows a person to file a claim against a government entity for compensation. You must prove that the entity or one of its employees caused your injury due to negligence, breach of contract, intentional wrongs, or nuisance.
The agency could be held liable for an employee’s actions as long as that employee was acting in the scope of their employment at the time their actions caused the accident. You could file a claim or lawsuit against the specific municipality but cannot bring a claim directly against the at-fault employee.
Let OnderLaw, LLC Help You Fight for Justice
At OnderLaw, LLC, our Chula Vista premises liability attorneys will advocate for your rights and fight hard for the compensation you deserve. You can depend on our team to handle every aspect of your case so you can focus on your recovery. You won’t have to face the burden of paperwork, filing deadlines, accident investigations, or communications with the insurance company. We will complete every step of the process and provide the ongoing support and guidance you need.
If you suffered injuries due to the dangerous conditions on someone else’s property, contact OnderLaw, LLC right now at (314) 963-9000. We will be happy to meet you for a free consultation to discuss the circumstances of the incident and advise whether we can help.