If you are hurt on someone else’s property, premises liability laws apply. These laws determine what obligation the property owner or occupier had to you, whether they breached it, and whether they must provide you with full and fair compensation for the injuries that occurred.
Miller & Steele Law Firm has extensive experience representing clients who have experienced injuries on property. Our Carlsbad premises liability lawyers can work with you to navigate the legal system, gather evidence, prove your claim, and collect monetary damages from those who were responsible for harming you.
Give us a call at (760) 439-2210 to schedule a free consultation and learn more about how we can help you.
How Can a Premises Liability Lawyer Help Me?
Premises liability cases can be complex. The case can often turn on establishing your legal status on the property at the time of the accident and the property owner’s associated legal duties. The premises liability lawyers at Miller & Steele Law can review the circumstances surrounding your injury and explain whether you have a viable claim against the property owner or manager. If you do, our legal team can help by:
- Citing the relevant case law that dictates the property owner’s legal responsibilities under the circumstances
- Gathering evidence to establish the failure to maintain property and the property owner’s knowledge of dangerous conditions on the property
- Handling communication with insurance companies and other parties on your behalf
- Preparing a demand letter that explains why the property owner is at fault for your injuries and the amount of compensation you are seeking
- Demanding full and fair compensation in or out of the courtroom
Get started on your path to financial recovery by contacting our law firm today for a free consultation.
What are Premises Liability Laws?
California laws hold defendants accountable if their failure to fulfill a legal duty causes harm. This includes when they are negligent, as California Civil Code Section 1714 states that “everyone is responsible, not only for the result of their willful acts but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person,”
Premises liability laws help to define when someone is negligent or engaged in wrongdoing that should result in them being held accountable for injuries on their property. According to Rowland v. Christian (1968) 69 Cal.2d 108, “the proper test to be applied to the liability of the possessor of land in accordance with section 1714 of the Civil Code is whether in the management of his property, he has acted as a reasonable man in view of the probability of injury to others.”
The victim status on the property impacts whether the property owner was negligent or not, as it helps to establish the duty the property owner owed to those on their land:
- Trespassers are owed the lowest duty of care
- Licensees are owed an intermediate duty
- Invitees are owed the highest duty under the law.
Rowland v. Christian (1968) 69 Cal.2d 108 also defines who falls within these categories. “Generally speaking a trespasser is a person who enters or remains upon land of another without a privilege to do so; a licensee is a person like a social guest who is not an invitee and who is privileged to enter or remain upon land by virtue of the possessor’s consent, and an invitee is a… business visitor who is invited or permitted to enter or remain on the land for a purpose directly or indirectly connected with business dealings between them.”
A Carlsbad personal injury lawyer from Miller & Steele Law will help you to determine what category you fall within, what the property owner’s obligations were to you, and whether you can prove they should be held liable for failure to fulfill their duty.
When Do Premises Liability Laws Apply?
Premises liability laws apply whenever an injury occurs on someone’s property as a result of unsafe conditions in that space. Common examples include:
- Slips, trips, and falls
- Swimming pool accidents
- Amusement park accidents
- Elevator accidents
- Accidents in stores, restaurants, and other public places
- Parking lot accidents
Whether you fell because of a wet floor or damaged tile or a child drowned in an improperly secured swimming pool, premises liability laws can govern your right to full and fair compensation.
If a loved one has died due to negligence or unsafe conditions on someone else’s property, you may have grounds for a wrongful death claim. A Carlsbad wrongful death lawyer specializes in navigating these complex cases, ensuring that responsible parties are held accountable for their actions or negligence.
Common Causes of Premises Liability Accidents
Premises liability accidents can occur for many reasons. Leading causes of these accidents include:
- Negligent maintenance – Property owners may fail to repair hazardous conditions on the property, such as loose handrails or broken steps. They may fail to clean up spills or remove unnecessary items from aisles, leading to preventable injuries.
- Insufficient lighting – When visitors do not have adequate lighting, they may not be able to see potential hazards. They can fall in a hole or miss a step, leading to serious injuries.
- Failure to warn – Property owners may not always be able to immediately repair a hazard. However, they should warn visitors of hazards they are aware of. When they fail to do so and someone is injured as a result, they can be held responsible for the resulting injuries.
- Inadequate security – Some injuries on others’ property occur because of the criminal acts of third parties. Property owners are sometimes held legally responsible for these incidents when they were aware of foreseeable injuries and failed to protect their visitors from them.
- An experienced personal injury attorney can review your case to determine how the accident happened and work to gather evidence to establish liability.
How To Prove Your Claim
Premises liability cases can be difficult to prove, underlining the importance of working with an experienced lawyer who can gather strong evidence such as:
- Accident reports and documentation regarding previous incidents
- Maintenance and personnel records
- Internal documents that establish the property owner was aware of a hazard and failed to take corrective action
- CCTV footage of the accident
- Photos of the accident or conditions that contributed to it
- Witness statements
- Medical records
As the plaintiff in a personal injury case, you have the burden of proving the case by the preponderance of the evidence. A premises liability attorney is a critical component in helping you meet this burden. Contact us today to learn more about how we can help with your premises liability claim.
Contact A Carlsbad Premises Liability Attorney Today
Miller & Steele Law Firm has a long and successful track record of representing clients injured on the property of others. Give our Carlsbad premises liability lawyers a call or contact us today to learn more about the help we can offer.