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Stockton Premises Liability Attorneys

Stockton Premises Liability Attorneys

Did you sustain an injury on someone else’s property? Was the incident due to the owner’s or their employee’s negligent actions? If so, call the Stockton personal injury lawyers of OnderLaw, LLC to discuss how we can help you pursue compensation. You deserve to receive the money you need to pay for your hospitalization, prescription medications, and other expenses. If your actions didn’t contribute in some way to the accident, you should not be forced to pay out of pocket for your bills.

Premises liability law holds property owners liable for injuries occurring on their properties. You could get hurt on any type of property, whether it’s a friend’s home, an office building, or a public swimming pool. Every owner is responsible for maintaining safe conditions for visitors. They should perform routine inspections and fix damage to prevent injuries and death. Unfortunately, some property owners fail in their duties and become responsible for severe accidents.

At OnderLaw, LLC, we understand the financial implications of a traumatic accident. You might be out of work and face significant debt while treating your injuries. It can become a burden and lead to stress and frustration. When you’re already in pain and trying to recover, you probably don’t want to deal with an insurance claim or lawsuit. That’s where our Stockton premises liability attorneys come in.

We can take on the responsibility of your premises liability case and complete every step on your behalf. Your only job should be to focus on healing and getting your life back on track. Our legal team will put forth the effort necessary to get the job done and attempt to secure a favorable outcome for you. Our goal is to recover the compensation accident victims need so they’re not left with bills to pay themselves.

Call OnderLaw, LLC at (314) 963-9000 today for a free consultation with one of our trusted and knowledgeable Stockton premises liability attorneys.

Property Owner/Manager Responsibility in California

Negligence is a major factor in premises liability laws. According to the California statute, everyone is responsible for their actions and injuries to others due to their disregard of care or skill in managing their property. If you were injured on another person’s property, you must be able to prove that the owner was negligent and that their negligence caused the accident.

In a premises liability case, multiple parties could be at fault for unsafe conditions on a property. Examples of potentially liable parties include:

  • Tenant or renter
  • Homeowner
  • Retail center
  • Business owner
  • Third-party contractor
  • Parent company
  • An employee of the business on the premises
  • Maintenance worker
  • Landlord
  • Manager
  • Property management company

 

Even if one of these parties were negligent in contributing to the injury you suffered, the property owner would most likely be the one to assume liability. It’s their job to keep the premises in good condition at all times and notify guests of potential hazards.

Places Where Premises Liability Claims Could Arise

A devastating accident can happen on any commercial, residential, or governmental property. Different state laws come into play depending on where you were injured.

For example, a public swimming pool maintained by the city would require a claim against a government agency if one of its employees didn’t address a hazard. Accidents at a family member’s home might require filing a homeowner’s insurance claim to recover compensation.

A premises liability accident can occur in a broad range of places, including:

  • Stores
  • Office buildings
  • Children’s playgrounds
  • Public parks
  • Recreational sports facilities
  • Apartment complexes
  • Swimming pools
  • Restaurants
  • Parking lots
  • Amusement parks
  • Hotels
  • Concert venues
  • Fitness centers
  • Residential homes
  • Staircases
  • Shopping malls

 

If you were injured on any of these properties or in another place not included on the list, you should talk to one of the Stockton premises liability attorneys at OnderLaw, LLC. You could have a claim we can help you prepare to file with the insurance company.

Settlement negotiations are often complicated and intimidating to accident victims. We are familiar with the strategies to use to seek the maximum available settlement for our clients. If the insurance company denies the claim, we can file a lawsuit on your behalf and litigate your case in court.

Types of Premises Liability Accidents

At OnderLaw, LLC, we have experience working on premises liability cases involving a range of different circumstances. Various types of accidents can happen that cause harm to a guest. In some situations, the victim could suffer a fatal injury and die on the property.

The most common types of accidents covered in premises liability cases and claims include:

  • Fires and explosions
  • Swimming pool accidents
  • Slip/trip and falls
  • Escalator and elevator accidents
  • Parking lot accidents
  • Dog bites and attacks
  • Floods
  • Exposure to toxic fumes or chemicals
  • Collapsed balcony
  • Defective staircase
  • Construction site accidents
  • Accidents in a private home

 

Premises liability accidents can occur for many reasons. The most common causes include:

  • Lack of warning signs around hazards
  • Negligent security guards
  • Broken steps
  • Uneven flooring
  • Unstable ladder, scaffolding, or platform
  • Exposed electrical wires
  • Missing railings
  • Cracked sidewalk or walkway
  • Potholes in a parking lot
  • Unsecured falling objects
  • Obstructed hallway
  • Loose mats, carpeting, or rugs
  • Slippery floor
  • Inadequate maintenance and repairs
  • Malfunctioning equipment and machinery
  • Mold, asbestos, or another harmful substance

 

Injuries varying in severity can result from any of these factors. Even accidents causing minimal physical harm will require medical care. You end up with different expenses that could cause economic strain if you can’t afford to pay them.

OnderLaw, LLC can work with you closely to evaluate your losses and calculate the monetary value of your case. We will pursue the highest amount of compensation necessary to recoup your costs and cover the losses you suffered. It can be a challenge keeping up with your medical bills and paying daily living expenses, especially if your injury prevents you from returning to your job.

Compensation for Injuries on Private, Public, or Commercial Properties

It’s critical that you seek medical treatment and hire an experienced Stockton premises liability attorney immediately after an accident. While you’re focusing on your recovery, OnderLaw, LLC can handle the legal aspects of your case. We will thoroughly investigate the circumstances of the accident and collect all available evidence.

Evidence is necessary in any premises liability case. We need it to prove that the property owner should be liable for the dangerous conditions. Without it, it won’t be easy to show an insurance company or jury what happened. We would not be able to prove that your injury resulted from the hazards on someone else’s property.

The compensation you receive should cover the losses you suffered. Losses you could potentially recover in a premises liability case include:

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

 

Two main options are available for pursuing compensation from the at-fault party: filing an insurance claim or filing a lawsuit. The procedure you need to follow will depend on the type of property where you were injured. Claims against the government are much different than claims against a commercial property owner.

Residential Property Accidents

If you were injured in someone’s private home, you could file a claim with their homeowner’s insurance company. Many people worry about what legal action will do to their relationship with a friend or family member. However, most of the time, it’s possible to secure compensation directly from the insurance company. The homeowner will not be involved in the claim in any way. You can negotiate a settlement based on the coverage listed on the owner’s policy.

Commercial Property Accidents

Business owners typically carry liability insurance to cover injuries a visitor suffers on their property. If someone’s negligent actions caused the accident, you could hold the owner liable for your losses.

You would need to file a claim with their liability insurance company. The available coverage is typically high enough to compensate for your total losses. However, the insurance adjuster might offer a low settlement or deny your claim to save the insurance company money.

Accidents on Government Properties

Sovereign immunity protects government agencies from liability if an employee causes injuries to another person. However, the California Tort Claims Act allows accident victims to pursue compensation if the injury resulted from negligence. You could hold the governmental entity liable for your losses as long as the employee whose negligence caused the injury was acting within the scope of their employment or was carrying out government functions when the accident happened.

Claims against the government differ from filing a homeowner’s or liability insurance claim for one main reason. Most insurance companies don’t place time restrictions on claims. The policy might state that you should initiate your claim “promptly” or “ within a reasonable amount of time.” However, there often isn’t a specific deadline.

If you’re seeking compensation from the government, you only have six months from the accident date to file your claim. You must submit a notice of claim that includes the details associated with the incident and send it to the appropriate municipality.

Whether you were injured on a commercial, residential, or government property, you might have the option of filing a lawsuit if the insurance company denies your claim or refuses to settle for a fair amount of money. The timeframe for suing someone in California is the same for every type of property. You must follow a two-year statute of limitations. That means you have two years from the date of the accident to file your lawsuit if you want to pursue compensation through the legal system.

Speak to an Experienced Stockton Premises Liability Attorney from OnderLaw, LLC

OnderLaw, LLC believes every accident victim deserves an opportunity to hold negligent parties liable for the harm they cause. We will advocate for your rights and remain in your corner until the end of your case. You will be our priority and receive the one-on-one attention you deserve.

Call us at (314) 963-9000 immediately for a free consultation if a property owner’s negligence caused your injuries.

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