Long Beach Premises Liability Lawyers
If you suffered injuries due to the dangerous conditions on someone’s property, you should contact the Long Beach personal injury lawyers of OnderLaw, LLC immediately to discuss your options. You might be entitled to financial compensation for your medical bills and other costs. You should not be responsible for these expenses if another person’s negligence caused the accident.
Property owners and managers have a legal duty to keep visitors safe from harm. That means they must inspect their properties regularly and repair any damage promptly. If there are hazards that they can’t immediately fix, they should place warning signs so guests know the dangers they face.
Unfortunately, business owners and property owners will violate building codes and fail to inspect their properties properly. That often results in accidents that lead to severe injuries and, in some cases, death. At OnderLaw, LLC, we understand how traumatic it can be to suffer an injury in an entirely preventable accident. It’s something that can upend your whole life and cost you thousands in medical treatment.
The Long Beach premises liability lawyers of OnderLaw, LLC are ready to fight for you in an insurance claim or lawsuit and hold the property owner liable for their carelessness. Call us for a free consultation at (314) 963-9000 today.
Property Owner/Manager Responsibility in California
California law determines when a property owner should be held financially responsible for an accident victim’s injuries and resulting losses. You can only pursue compensation from the owner if they were negligent and that negligence caused your injury. That means they must have known or should have known about the hazardous conditions on their property and failed to take reasonable steps to repair or remove those hazards.
Negligence is one party’s failure to provide a reasonable degree of care to avoid causing harm to others. If the property owner didn’t take the necessary steps to prevent you from sustaining an injury while on their property, they could be liable for your medical treatment and additional costs.
An example of negligence would be if the owner discovered a defective staircase but chose not to fix it right away to save money. If someone were to slip on a broken step and fall down the stairs, they could pursue compensation from the owner.
Places Where Premises Liability Claims Could Arise
A harmful accident can occur on anyone’s property, especially if it isn’t maintained correctly. Different laws apply to different circumstances and will require specific procedures to pursue compensation. For example, if you were injured at a public park, a governmental entity might be liable, and you could file a claim against them. If you were in an accident at a friend’s house, you could file a claim with their homeowner’s insurance. Or, if you got hurt at a grocery store, you might be able to recover compensation from the owner’s liability insurance company.
The most common places premises liability accidents happen are:
- Retail stores
- Grocery stores
- Public swimming pools
- Shopping malls
- Amusement parks
- Apartment buildings and complexes
- Friend or family’s house
- Parking lots
- Office building
This isn’t a comprehensive list of all places where injuries can arise from a premises liability accident. If you were hurt on someone’s property and the accident wasn’t your fault, you might be able to seek compensation so you can recover and move forward with your life.
Evidence is critical in premises liability cases. You must have the necessary evidence to prove that the owner’s actions or lack of action led to the accident. Evidence could include medical records and other documentation associated with your injury. OnderLaw, LLC can investigate and determine who was at fault, so we know where to seek compensation. Depending on the circumstances, we could file a claim with the owner’s liability insurance company or sue the negligent party directly.
Types of Premises Liability Accidents
Property owners, business owners, and their employees must provide a safe place for their visitors. That means it’s their job to adhere to state-specific laws and ensure everything on their property is up to code. Damage and wear and tear are inevitable, especially after years of foot traffic, construction, and other factors. However, it’s up to the owner to regularly inspect every area to ensure the damage can’t hurt anyone.
Different circumstances could arise that lead to injuries in a public park, grocery store, or someone’s private residence, for example. Many injured victims require medical treatment to heal. Some become disabled and can’t return to work or perform certain tasks without assistance. The most common injuries suffered in premises liability accidents are:
- Broken bones
- Exposure to harmful substances
- Traumatic brain injury
- Sprained ankle
- Dislocated joints
- Nerve damage
- Internal injuries
- Pulled muscles
- Cuts and bruises
Any of these injuries can happen on properties that violate safety codes or contain damage. The most common types of premises liability accidents OnderLaw, LLC can handle include:
- Poor maintenance
- Cracked sidewalks
- Uneven flooring
- Loose carpeting or floorboards
- Unstable balcony
- Damaged or missing handrails
- Negligent security guards
- Lack of warning signs
- Exposure to toxic chemicals
- Walkway hazards
- Wet or slippery floor
- Inadequate lighting
- Malfunctioning elevators and escalators
- Faulty wiring
Do not hesitate to contact OnderLaw, LLC to discuss your case if any of these or another factor resulted in your injury. You shouldn’t be forced to pay out of pocket for your medical treatment if the owner failed to provide a place that’s free from hazards and dangers. They should pay for your losses so you can get back on your feet and put this devastating experience behind you.
Compensation for Injuries on Private, Public, or Commercial Properties
Anyone involved in an accident on someone’s property likely ends up receiving bills for ER visits, prescription drugs, rehabilitation, and other costs. However, the financial burden isn’t the only stressful aspect of a premises liability accident. If your injury is debilitating, you can’t resume your normal activities. Working becomes a challenge, and you might not earn your usual income.
The toll a serious injury can take on your whole life is overwhelming. You deserve to pursue compensation for the past and future losses you suffered. The losses available in an insurance claim or lawsuit include:
- Loss of enjoyment of life
- Medical bills
- Personal property damage
- Pain and suffering
- Lost wages
- Lost earning capacity
- Emotional distress
- Physical impairment or disfigurement
If you choose to file a lawsuit, you might also be entitled to exemplary damages. Instead of compensating you for your total losses, an award of exemplary damages punishes the at-fault party for their misconduct and is meant to deter similar actions in the future. A jury will only award these damages if you can prove with clear and convincing evidence that the negligent property owner acted with oppression, fraud, or malice.
When you seek compensation from a premises liability claim or lawsuit, it’s crucial to understand the difference between initiating a case against a friend, business owner, and governmental entity.
Friend or Family
If you were injured at a friend or family member’s home, you could file an insurance claim if they have homeowner’s insurance. Many policies cover injuries sustained on the property if the owner was liable for the accident. However, you will need to obtain a copy of their policy to determine whether there’s adequate coverage.
Most accident victims don’t want to pursue a case against someone they know. You might feel guilty or worry that it’ll affect your relationship. That’s understandable, but an insurance claim isn’t the same as filing a lawsuit. Instead of going after your relative or friend directly for compensation, you’re seeking it from the insurance company.
Business and property owners typically purchase liability insurance to cover injuries suffered on their properties. If you were lawfully on the property, meaning it was a public place you were legally allowed to visit, you could file a claim for compensation for your losses. If the insurance company denies your claim, you have the option to file a lawsuit against them and the owner.
Sovereign immunity protects the government from liability if an employee’s actions lead to someone’s injury. However, the California Tort Claims Act allows claims when negligence causes an accident, such as failing to repair a hole in the ground of a public park.
Pursuing a case against the government requires following a specific procedure that’s much different than filing a liability insurance claim or civil lawsuit against an individual or business. You must first submit a notice of claim to the correct entity, whether it’s the city, town, or state. You also have to include specific information in the notice regarding the accident. The timeframe for filing a claim is much shorter than initiating a lawsuit. Many require that you file within six months of the accident.
Contact OnderLaw, LLC for a Free Consultation
At OnderLaw, LLC, we have a legal team that will go above and beyond to meet your needs and achieve your goals. We know you want to resolve this matter and put it behind you as soon as possible. We will work efficiently to get the job done so you can get your life back on track. Our Long Beach premises liability lawyers do whatever it takes to secure the maximum available insurance settlement or a favorable jury verdict that helps you recover from your injuries.
If you suffered injuries in a premises liability accident, call OnderLaw, LLC immediately for a free consultation to discuss what happened, so we can determine whether we can take your case. Call (314) 963-9000, or reach out to us online 24/7.