If you’ve been injured on someone else’s property in Modesto, you may be entitled to compensation. Call today to speak with a premises liability attorney at OnderLaw. Time is critical and there may be deadlines for when you can pursue certain legal action.

Property owners have a legal obligation to keep their property maintained and up to code to ensure the safety of others. You should not face a financial burden for someone else’s negligence and we will hold the at fault party responsible so you can move on with your life and leave this painful experience in the past.

Property Owner/Manager Responsibility in California

In the State of California, the way liability is determined is by proving that the property owner was negligent in their action or failure to act. If the property owner or manager had knowledge of an unsafe situation on their premises, or if they reasonably should have known about it, they may be legally responsible for your injuries and any losses you have sustained.

Negligence is determined by demonstrating that the property owner failed to ensure the level of care that someone in a similar situation would provide to prevent causing another person harm. If their actions provided less than this degree of care and you suffered an injury on their property, you may be entitled to financial compensation.

For example, if the owner had prior knowledge of a broken plumbing fixture that they elected not to fix, this may create an unsafe wet floor. If this dangerous condition causes you to slip and fall, the owner may be financially responsible.

Places Where Premises Liability Claims Could Arise

The owner or manager of a property has a duty to maintain their property in a safe manner so that it does not create a dangerous situation for others.  This is true for virtually any type of property, although the most common locations where premises liability accidents occur are public places that many people visit often.

More visitors to a given location means more wear and tear on walkways, fixtures, and structural support, which increases the need for maintenance. When a property owner fails to perform required maintenance and this causes an accident, you may be able to pursue compensation from them.

Places where premises liability accidents often occur include:

  • Amusements parks
  • Shopping malls
  • Hotels
  • Restaurants
  • Parking lots
  • Public parks
  • The house of a friend or family member
  • Retail stores
  • Offices
  • Apartments
  • Convenience stores

The places where a premises liability accident may occur are more than just the places listed above. If a property owner’s negligence caused your accident, you may be entitled to compensation for your medical bills and financial losses. You need an attorney with experience handling premises liability accident claims. They will gather all the evidence necessary to build a case against the at fault party.

OnderLaw will establish who the responsible party is depending on where you sustained your injury. If your injury was at a retail store, the company’s liability insurance provider may be the responsible party. If your injury was in a family member’s backyard, your claim may be with that person’s homeowner’s insurance. If your injury was in the parking lot of a public playground, the responsible party may be the government entity who owns that property.

Types of Premises Liability Accidents

Building codes exist to protect people and make sure that a property is maintained and kept in safe condition by the responsible party. This is true for both residential and commercial properties. When property owners fail to abide by building codes or otherwise fail in their duty of care to keep their property safe for others, accidents can happen.

Common types of premises liability accidents include:

  • Slip and falls on wet floors
  • Tripping over uneven walkways
  • Missing safety signs
  • Improperly stored chemicals
  • Deteriorated structures such as patios and balconies
  • Exposed wiring
  • Stairs without handrails
  • Loose fixtures
  • Broken shelving
  • Lack of ventilation

These types of accidents may occur anywhere that proper maintenance and inspection are not performed. If you are hurt as a result of an unsafe situation, you may sustain an injury such as:

  • Electric shock
  • Traumatic brain injury
  • Join dislocation
  • Internal bleeding
  • Organ damage
  • Broken ankle
  • Toxic vapor inhalation
  • Fractured bones
  • Bruising or cuts
  • Burns
  • Damaged nerves
  • Paralysis

Injuries such as these often need medical procedures and extended treatment programs. In some cases, the victim may be disabled temporarily or even permanently, resulting in lost wages or reduced ability to perform their job duties. OnderLaw will counsel you to determine who should pay for your medical bills and other losses. They will hold the at fault party responsible so that you can get back to your life and move on from this traumatic experience.

Compensation for Injuries on Private, Public, or Commercial Properties

If you’ve been injured on another person’s property, you will probably incur significant expenses. These may include visits to an emergency room, hospital stays, expensive medical procedures, physical therapy, prescription medication, and continued treatment. On top of this, you may also be facing additional losses in the form of lost income, reduced physical mobility, or difficulty performing job duties. The stress of the injury itself combined with lingering emotional pain and psychological suffering may seem like an incredible challenge to face.

OnderLaw will help you to seek compensation for your losses which may include:

  • Medical expenses
  • Damaged personal property
  • Pain and suffering
  • Emotional distress
  • Lost wages
  • Reduced ability to earn wages
  • Physical disability
  • Loss of enjoyment of life

Pursuing financial compensation may take the form of a lawsuit or an insurance claim. OnderLaw will help you decide which legal options might be the most beneficial for your particular situation.

A key difference in filing a lawsuit instead of an insurance claim is that you may also be awarded exemplary damages. This means that beyond just compensation for your losses such as the list above, the responsible party may be liable for an additional amount. This will only be awarded if there is proof that the party at fault was negligent and acted with oppression, fraud, or malice. The intent is that this will prevent similar future negligence because of the additional damages and how these costs impact the liable party.

Depending on who the responsible party is, there are critical differences involved in the claim based on if it’s against a business owner, a friend or family member, or a government entity.

  • Business Owner – If you sustained your injury while you were legally allowed to be on the business owner’s property, you may be able to file a claim with the owner’s liability insurance company, assuming they have purchased a policy. In the event that the claim is denied, you could file a lawsuit against the property owner.
  • Friend or Family Member – If your friend or family member has a homeowner’s insurance policy, it may include coverage for injuries on the owner’s property. Depending on the coverage amount, you may be able to file a claim with their homeowner’s insurance company. While this may sound like you would be pursuing a case against someone that you have a close relationship with, it’s actually a case where you are seeking compensation from the homeowner’s insurance company.
  • Government Entity – Similar to pursuing compensation from a business, you may have the option to file a claim against a government entity, such as a municipality. However, there are protections in place called sovereign immunity that protect the entity from liability if your injury is the result of actions caused by an employee of that entity. If the cause of the accident is shown to be negligence, such as failure to perform routine maintenance on government property, you would legally be able to file a claim. Initiating a claim with a government entity is different in key ways from filing a claim against a business or individual. In consideration of a case against a government, OnderLaw will counsel you to ensure the critical steps are satisfied. These include submitting a notice of claim to the government entity, which involves specific details of the accident and injury. There is also a deadline for filing the claim which is critical because the option for a claim is no longer available after this date passes.

Call OnderLaw Today

Our firm has the experienced legal team you need to get the compensation you deserve. Our results speak for themselves and our attorneys have helped many satisfied clients receive fair monetary compensation for their injuries. If you were injured as a result of a property owner’s negligence, then the burden should not be on you to pay for medical expenses and other costs related to your injury. Our Modesto premises liability attorneys will fight for you, whether in pursuit of a claim or in court if the case goes to trial.

Call OnderLaw today for a free consultation to discuss your legal options.