If you were injured on someone else’s property, you should contact the Oakland personal injury lawyers of OnderLaw to discuss your possible legal options. You might be entitled to compensation from the property owner, business owner, an employee, or another responsible party. You should not be forced to pay for your own medical care and other losses if another person was entirely at fault for the accident.

Premises liability is an area of law that covers various types of accidents that occur on private, public, and government properties. If the owner’s willful act or lack of ordinary skill or care in managing their property results in a visitor’s injury, the owner could become liable for resulting medical treatment, lost wages, and additional losses suffered by the injured party.

Whether it’s a home or business, property owners must keep the interior and exterior of their properties in good condition. That means they should meet safety and building codes, perform routine inspections and maintenance, and perform repairs on damaged or defective areas. If the owner is aware of a hazard that could cause someone harm and they choose not to remove it from their property or make repairs, they could be at fault if a guest gets hurt.

At OnderLaw, our Oakland premises liability lawyers have been providing dependable legal services to accident victims since 2002. We have secured over $3.5 billion for our clients for their devastating injuries and losses. When you hire us, you will have a dedicated and knowledgeable legal team in your corner to advocate for your rights. We believe that everyone deserves the opportunity to hold careless individuals and companies accountable for their actions. We’re ready to fight for you and pursue the maximum compensation available in your case.

Call OnderLaw today for a free consultation and learn more about how we can help you after a premises liability accident.

Property Owner/Manager Responsibility in California

Understanding the role property owners and managers have in accidents is critical to knowing your rights and how you can hold them liable. If you don’t know state laws, you’re less likely to recover the financial award you need to pay for your medical treatment and other costs.

A property owner can be any person who leases, controls, owns, or occupies a premises. For example, someone renting a unit for their restaurant or purchasing a house to reside in could be liable for injuries resulting from dangerous conditions on that property.

The party at fault for the accident does not necessarily have to be the owner. It could be an employee, maintenance worker, or third party performing work on the property. The most common defendants in premises liability cases are:

  • Business owner
  • Property management company
  • Homeowner
  • Maintenance company
  • Landlord
  • Parent company
  • Employee
  • Third-party contractor or subcontractor

Even if someone else’s actions caused harm to a visitor, the owner can’t expect that person to assume liability for the dangerous conditions of their property. For example, if one of their employees failed to repair a hazard or warn them about it, the owner could still end up being liable for a guest’s injuries because they’re responsible for the upkeep of their property.

Places Where Premises Liability Claims Could Arise

Accidents can happen anywhere. Although you might think you’re safe whenever you venture out to the supermarket or spend the day at your community swimming pool, dangers could exist that put you at risk of injury.

At OnderLaw, we understand the implications of being involved in a dangerous accident. The property owner or another party failed to keep the area safe, and now you’re faced with a painful recovery and expensive medical bills.

You shouldn’t have to bear the consequences of someone else’s misconduct. Our Oakland premises liability lawyers have the experience and resources to represent you in your premises liability case for accidents on a range of properties, such as:

  • Shopping malls
  • Retail stores
  • Grocery stores
  • Public swimming pools
  • Parking lots
  • Amusement parks
  • Apartment complexes or buildings
  • Hotels
  • Concert venues
  • Public parks
  • Family or friend’s house
  • Office buildings

Various other places could contain hazards that lead to injuries. Regardless of where the accident happened, you should immediately contact OnderLaw, so we can investigate and collect all the evidence we will need to prove who was at fault.

The losses you suffered in the accident should not be your responsibility. You deserve the opportunity to hold the negligent individual or entity liable and seek the compensation necessary to heal your injuries.

Types of Premises Liability Accidents

Premises liability accidents can result from multiple scenarios and contributing factors. The most common types of cases OnderLaw can handle are:

  • Dog bites
  • Slip/trip and falls
  • Escalator and elevator accidents
  • Swimming pool accidents
  • Fires
  • Explosions
  • Toxic chemical exposure
  • Porch collapse
  • Defective stairways and handrails
  • Ceiling collapse
  • Negligent security

The actions a property owner, employee, or another party takes to maintain the property should prevent the accidents listed above. Unfortunately, negligence and intentional misconduct can cause severe injuries and even death.

The most common causes of premises liability accidents are:

  • Inexperienced security guards or lack of them
  • Loose rugs, mats, and carpets
  • Damaged or steep stairways
  • Slippery floors
  • Potholes
  • Faulty wiring and electrical hazards
  • Cracked sidewalks
  • Missing warning signs near dangerous areas
  • Malfunctioning or defective elevators and escalators
  • Poor lighting
  • Failing to repair discovered damage promptly
  • Lack of routine maintenance
  • Unstable shelving, display cases, and other falling hazards
  • Building and safety code violations
  • Missing or damaged handrails
  • Uneven flooring
  • Obstructions in walkways

If you were injured due to any of these reasons, do not hesitate to consult an experienced Oakland premises liability lawyer from OnderLaw. We know the state laws and legal procedures we must follow to pursue a case against property owners.

The costs you incur following your injury could lead to financial strain and possibly debt. If you weren’t at fault for the accident, you should be able to recover the full and fair compensation owed to you by the negligent party. We can develop an effective strategy to meet your needs and try to reach a favorable outcome.

Compensation for Injuries on Private, Public, or Commercial Properties

Whether you pursue an insurance claim or lawsuit, the compensation you receive could cover the losses you suffered, such as:

  • Past and future medical bills
  • Loss of enjoyment of life
  • Damaged personal property
  • Physical impairment or disfigurement
  • Emotional distress
  • Lost wages
  • Lost earning capacity
  • Pain and suffering

The process for seeking compensation in a premises liability case will depend on where the injury occurred. For example, different laws apply to homeowners than to business owners. Additionally, claims against governmental entities and their employees follow an entirely different set of rules.

Claims Against the Government

Sovereign immunity typically protects government agencies and their employees from liability for accidents. However, the California Tort Claims Act allows individuals to pursue a claim against the government if the injury resulted from negligence. For example, if you were at a public swimming pool maintained by the city, you might be able to hold them liable for the injury you suffered because of an unrepaired railing.

You have six months from the accident date to file your claim with the appropriate municipality. Some have online portals with forms you can use. If you can’t find a claim form, you would have to draft your own document that includes details of the accident.

Accidents on Private Property

If you were involved in an accident at a friend or family member’s home, you might feel hesitant about pursuing a case. You worry about how it could affect the relationship. However, most people don’t realize that you don’t necessarily have to bring your relative or friend to court to recover compensation. You might be able to file an insurance claim and collect a settlement from their insurance company instead of your friend’s personal finances.

Homeowner’s insurance could cover the losses suffered on residential property if the owner or another resident’s actions caused your injury. It’s crucial to obtain a copy of the insurance policy to determine whether there’s personal liability coverage and the available amount of compensation you could pursue.

Accidents on Public Property

If you suffered injuries on commercial property, such as at a restaurant or retail store, you could file an insurance claim. Business owners typically purchase general liability insurance to cover the losses a visitor suffers due to poor conditions on the property or an employee’s negligence. The compensation you could seek will depend on the coverage listed on the policy.

You also have the option of filing a lawsuit whether you sustained injuries on private, public, or government property. You must initiate your case by the two-year statute of limitations deadline. This timeframe allows you to sue someone for compensation for your losses within two years of the accident date. If the deadline passes before you file suit, you will likely lose your right to hold the at-fault party liable in court.

Schedule Your Free Consultation with OnderLaw

The Oakland premises liability lawyers of OnderLaw will fight by your side until the end. We can help you pursue justice for the traumatic experience you endured due to someone else’s negligence. You shouldn’t be forced to pay out of pocket for your medical treatment and other costs if another person or business was responsible for your injuries.

If you suffered injuries in a premises liability accident, call us for a free consultation and let us help you get on the road to recovery.