If you were injured on a poorly maintained or dangerous property, do not hesitate to reach out to the San Bernardino personal injury lawyers of OnderLaw. You might be entitled to compensation from the property owner for the injury you suffered. We could help you hold them liable for their negligent actions that led to the accident.

Property owners become liable for their guest’s injury if their actions or the actions of an employee cause unsafe conditions. It doesn’t matter how safe a place might seem. You could get hurt anywhere. Whether you’re swimming in a friend’s pool, working in an office building, or dining out at a restaurant, you could encounter dangers. The owner is responsible for maintaining the property, adhering to safety codes, and repairing or removing hazards.

The San Bernardino premises liability attorneys of OnderLaw know how much you have suffered since the accident. If you don’t share the fault for causing your injuries, you should not have to pay for any of your expenses. The property owner should be financially responsible for your medical treatment, lost wages, and other losses.

We are ready to take on the negligent party and hold them accountable for what they have done. You’re already dealing with a painful recovery and shouldn’t be forced to take on a case at the same time. Our team can handle your insurance claim or lawsuit so you can focus on healing your injuries and getting your life back on track. We will be there for you every step of the way to provide the guidance and support you need.

For a free consultation, call OnderLaw and let us help you get on the road to recovery.

Property Owner/Manager Responsibility in California

Premises liability laws typically rely on the legal theory of negligence. Negligence is one person’s failure to provide the reasonable degree of care necessary to avoid injuring another person. In California, everyone is responsible for their actions. If the property owner’s want of ordinary care or skill leads to someone’s injury, they could be held liable for the victim’s losses.

When you pursue a case, you must prove that negligence existed and contributed to the accident. A range of parties could be at fault for the dangerous conditions on a residential or commercial property. They include:

  • Landlord or property management company
  • Renter or tenant
  • Homeowner
  • Maintenance employee
  • Third-party contractor
  • Retail center
  • Business owner
  • Manager or employee of a premise
  • Parent company

Although any of these individuals or companies could be at fault for a premises liability accident, the owner is likely the one to go after for compensation. Their job is to maintain the property, discover any hazards that could lead to an injury, and promptly address the issue. Even if their employee’s actions resulted in hazardous conditions, they could become financially responsible for the visitor’s injuries.

Places Where Premises Liability Claims Could Arise

A premises can include the land someone owns and any structures on it, such as an office building or residential home, and the parking lot and other areas surrounding it. A catastrophic accident can occur on any type of premises, including:

  • Public park
  • Retail store
  • Apartment building
  • Office building
  • Playground
  • Private or public swimming pool
  • Restaurant
  • Sports arena or stadium
  • Concert venue
  • Hotel
  • Fitness center or gym
  • Shopping mall

If the accident you were in occurred on any of these or another type of premises, you must take immediate action against the property owner. That means you should seek treatment for your injury so that there’s medical documentation, and you should consult OnderLaw. We can advise you about the next steps you should take and begin our investigation.

Types of Premises Liability Accidents

Our San Bernardino premises liability attorneys have worked on various cases involving commercial, residential, and government properties. We have the resources and experience to take on any type of claim for our clients.

The most common accidents include:

  • Slip/trip and fall
  • Home or building fire
  • Structural damage
  • Defective stairs
  • Dog bite
  • Elevator or escalator accident
  • Leaking pipes and flooding
  • Parking lot accident
  • Swimming pool accident
  • Toxic chemical exposure
  • Explosion
  • Construction site accident
  • Balcony and ceiling collapse

These accidents can result from a range of issues, including:

  • Damaged steps
  • Missing handrails
  • Faulty electrical wires
  • Unusual flooring transition
  • Improperly trained or inexperienced security guards
  • Obstructed aisles, hallways, and walkways
  • Inadequate warning signs near hazardous conditions
  • Uneven or cracked sidewalk
  • Malfunctioning machinery, equipment, and other mechanical objects
  • Potholes in the parking lot
  • Poorly lit areas
  • Slippery floor
  • Building code violations
  • Loose rugs or mats
  • Harmful substances, such as asbestos or mold on the property

The injuries suffered in accidents like these can range widely in severity. Some people sustain minor cuts or a sprained ankle, while others end up with permanent injuries. The treatment some victims need can become a significant financial burden. Unfortunately, many end up in debt because they can’t afford the costs associated with doctor visits, taking time off work, and replacing damaged personal property.

Compensation for Injuries on Private, Public, or Commercial Properties

Evidence is vital in premises liability cases. You need to prove that the property owner’s actions contributed to the accident in some way. That’s why seeking medical care immediately after leaving the accident scene is imperative. While you’re treating your injuries, OnderLaw can take on the legal aspects of your case. We will investigate the incident and locate all available evidence to show unsafe conditions existed.

The compensation you receive in an insurance claim could compensate for the losses you suffered, such as:

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

You may also be able to pursue exemplary damages if you choose to file a lawsuit against the property owner. Instead of compensating you for your losses, exemplary damages are meant to punish the at-fault party for their misconduct. However, you must provide clear and convincing evidence to the jury to show the defendant acted with oppression, malice, or fraud.

The process for seeking compensation in a premises liability case depends on the type of property involved. If your injury happened on private property, you could file an insurance claim. That doesn’t mean you’re going after the owner directly for compensation. Instead, you’re seeking a settlement from their homeowner’s insurance company.

Accidents on commercial properties are handled a bit differently. Business owners typically purchase liability insurance for situations like this. If they are responsible for a guest’s injury, they could be held liable through an insurance claim. You would file a claim with their liability insurance company and seek a settlement to cover any losses associated with the accident.

The process to hold a governmental entity liable is much different than pursuing compensation from a homeowner or business owner. Under the California Tort Claims Act, a government entity can be held liable for its negligent acts or the negligent acts of an employee acting in the scope of their employment if they caused someone to be injured.

A governmental property is any premises maintained by a governmental entity or agency, such as a city park, Department of Motor Vehicles, public roadway, and in some scenarios, a parking lot near a business.

You must file a notice of claim with the appropriate municipality within six months of the accident date. Homeowners and liability insurance claims typically don’t require following a strict timeframe. Most insurance policies state that an insured should file “promptly” or “within a reasonable amount of time” but don’t list an actual deadline.

If the government, homeowner’s insurance, or business’s liability insurance denies your insurance claim, you may have the option to file a lawsuit. There is a statute of limitations you must comply with if you want to sue someone in a premises liability case. California has a two-year statute of limitations. That means you have to file your lawsuit with the appropriate court within two years of the accident date to seek compensation from the at-fault party.

OnderLaw Will Help You Fight for Justice

OnderLaw will go to battle for you against the negligent property owner. We believe in providing our clients with the quality service and representation they need to hold the at-fault party liable. You deserve to receive compensation for your medical expenses and other losses. If the property owner were entirely at fault for your injury, you should not be left with out-of-pocket costs.

Our San Bernardino premises liability attorneys take cases on contingency. There are no upfront fees or costs when you hire us. We know you might already face economic struggles and don’t want to add more burdens to your life. We won’t expect payment of our legal fees unless we recover compensation for you. If we lose your case, you won’t owe us anything.

If you sustained an injury on a dangerous property due to someone else’s negligent actions, call OnderLaw today. We can meet with you for a free consultation to talk about what happened and advise whether we can help. You can depend on us to fight hard by your side for the justice and compensation you deserve. Call now. We are available 24/7 to speak with you.