It’s alarming when you’re injured on someone else’s property. A property manager or owner’s negligence or the poor maintenance of a property can lead to visitors becoming severely injured or disabled. In some cases, a premises liability accident can result in death. Following an accident on somebody else’s premises, you’re likely to experience fear and confusion about the options available to you or what to do next. If you or a loved one were injured on someone else’s property, you may be entitled to compensation.

The San Diego personal injury lawyers of OnderLaw are prepared to help you file a premises liability claim for your injuries and losses and secure the full amount of compensation you deserve. Call us today or contact us online to schedule a free consultation.

Why Do I Need a Lawyer?

A lawyer can be your best investment after you’ve had a premises liability accident. One of the first things you should do after the accident is to contact a reputable, experienced law firm to represent you. When you hire the premises liability lawyers of OnderLaw, you’ll get someone who’s on your side, who can stand up for your rights, and make sure that no one takes advantage of you during the course of your claim or lawsuit.

An attorney can help you navigate the process of filing a claim or lawsuit. A lawyer can ensure that you have the correct paperwork and information you need to file a claim. They can negotiate on your behalf with insurance companies to secure the compensation you deserve. You could file a personal injury claim on your own, but why add to the stress and headache of recovering from your injuries? The skilled and compassionate lawyers at OnderLaw want to help you recover from your injuries and recover the compensation you are entitled to because you suffered an injury that wasn’t your fault.

Why Choose OnderLaw?

The attorneys at OnderLaw are well-versed in personal injury cases of all types, and we are prepared to help you file a premises liability claim or lawsuit. We have helped many of our past clients secure the damages owed to them following an accident of this kind. One of our goals as a law firm is to help the injured people of San Diego obtain the justice and compensation they deserve.

We are proud to say that we’ve recovered over $4 billion in compensation for our clients. We obtained a $1.5 million result for a single victim of a premises liability accident. Our firm is a trusted resource for those seeking legal representation to handle personal injury lawsuits. We are members of several prestigious legal organizations, such as The American Trial Lawyers Association, The American Society of Legal Advocates, and Top 50 Verdicts in the United States (2017).

If you didn’t cause your accident, you shouldn’t be responsible for the medical bills and other expenses associated with your accident and the resulting injuries. Should you choose OnderLaw to represent you in your claim or lawsuit, you can feel confident that your case is in the hands of some of the nation’s most knowledgeable and successful attorneys.

Another reason you should select OnderLaw to represent you is that we believe everyone deserves high-quality legal representation, regardless of the size of their bank account. We operate on a contingency fee basis. That means you owe no money upfront. When we take on your case, we’ll work your case diligently to the end. When we get compensation for you, we get paid. If we don’t obtain money for you, you owe us nothing.

Causes of Premises Liability Accidents

There are several reasons why these accidents may occur. Some of the most common causes of these types of accidents we’ve seen in our practice include:

  • Defective staircases
  • Improper ice, sleet, and snow removal
  • Wet or oily floors
  • Electrical cords in walkways/high traffic areas
  • Unsecured rugs or carpets
  • Loose or broken floors, sidewalks, steps, or stairs
  • Fires
  • Toxic fumes or chemical spills
  • Lack of property maintenance or security
  • Spilled water or liquid
  • Hidden hazards

Common Injuries Suffered in Premises Liability Accidents

Injuries suffered on someone else’s property can be as diverse as the types of accidents and the people who are injured in them. Here is a short list of the types of injuries we most often see in premises liability claims:

  • Fractured or broken bones
  • Sprains and strains
  • Neck and spine injuries
  • Traumatic brain injury (TBI)
  • Dog bites
  • Asphyxiation
  • Knee injuries
  • Scrapes, scratches, and lacerations
  • Abrasions and bruises
  • Paralysis

Compensation for Premises Liability Injuries

When you’re injured on someone else’s property, and the injury wasn’t your fault, you may be entitled to compensation for your medical expenses and other accident-related losses. Determining what compensation you may be eligible for will be a job for your attorney. Your compensation could be made up of money from any of these categories:

  • Medical expenses. You may be able to obtain compensation for expenses related to treating your injuries, such as hospital visits, surgeries, x-rays, prescriptions, rehabilitation, and more.
  • Pain and suffering. You might be eligible for damages for the pain and suffering you endure as a result of the accident and your injuries. This includes coverage for the past, present, and future pain and suffering you experience.
  • Lost wages. Your injuries may be so severe that you have to take off time from work to recover fully from them. You can be compensated for the time you had to take away from work and the wages you lost as a result.
  • Loss of earning capacity. Your injuries may be so severe that you are rendered disabled following an accident. If you lose the ability to provide for yourself and your family, you may be able to be compensated for your loss of earning capacity.
  • Loss of enjoyment of life. You may be so severely injured or disabled following an accident that you are no longer able to participate in recreational or other activities you previously enjoyed. You might be eligible to obtain money for the loss of enjoyment of life you experience as a result of your injuries.
  • Loss of consortium. You may have lost a loved one due to the injuries they sustained in a premises liability accident. You could recover damages for the loss of consortium or the loss of their love and companionship.
  • Wrongful death. You could pursue compensation for the wrongful death of a loved one due to a premises liability accident.
  • Punitive damages. If there is evidence that the property owner or manager acted with malicious intent to causing you harm or with intent to commit fraud or oppression, you may be entitled to punitive damages.

Proving Negligence in California

In order to prove negligence in California for a premises liability case, you need to prove that your accident occurred as a result of the property owner or manager’s action or lack thereof and that you were injured in the accident.

If, for example, prior to your accident occurring, there was a puddle of standing water identified by a property owner to have been caused by a leak. Say the property owner doesn’t fix the leak and mop up the puddle, nor do they put up a caution sign notifying visitors of the leak/puddle. The next day, you drop in and slip and fall on the standing water. You become injured as a result. In this hypothetical, you would be able to sue the property owner or manager for negligence. They were aware of a potential hazard and did nothing to remove it. Their inaction led to your injuries.

Statute of Limitations on Personal Injury Lawsuits

In California, the statute of limitations requires that you file a lawsuit within two years from the date of injury. If you’re filing a lawsuit against a city, county, or California state government agency, the statute of limitations is six months from the date of injury. Should you file your lawsuit after the statutory deadline, the court may dismiss your case. If they do, you will lose the opportunity to pursue compensation for your injuries through the courts.

California Accident Statistics

Premises liability accidents occur daily across the United States. Here’s what the numbers look like in our state:

According to the U.S. Bureau of Labor and Statistics, 410 California workers were injured due to floor irregularities in 2019. Additionally, 810 workers were injured by domestic canines in 2019.

In 2019, 8,049,882 people were injured due to unintentional falls in the United States.

The National Safety Council states that 39,443 Americans died in 2019 due to falls at home and work.

Contact a San Diego Premises Liability Attorney

If you’ve been hurt in a premises liability accident in San Diego, contact the legal team at OnderLaw to handle your case. We want to help you recover the compensation you deserve after you were injured on someone else’s property through no fault of your own. Call us or contact us online to schedule a free consultation.