Did you or a loved one get hurt while visiting someone else’s property in Encinitas, California? If so, you might be entitled to compensation for the medical expenses, lost wages, and pain and suffering you experienced because of the accident. An Encinitas premises liability lawyer from Petrov Personal Injury Lawyers can help demand the compensation you are due.
Our lawyers have over 20 years of experience and have recovered over $40 million for our deserving clients. We are ready to put our considerable skills and resources to use to help you recover the compensation you need and deserve after an accident in Encinitas, CA.
Contact us today at (619) 344-0360 to schedule a free, no-obligation consultation with our Encinitas premises liability attorney.
How Petrov Personal Injury Lawyers Can Help With an Encinitas Premises Liability Claim
It is often challenging for an accident victim to prove that a property owner was negligent in causing their injuries. They may not know what their rights and legal options are, as well as how to go about collecting evidence to prove their claim. Property owners might work quickly to fix dangerous conditions after an accident to deny responsibility. An experienced Encinitas premises liability lawyer can help level the playing field after an accident in Encinitas, CA.
Petrov Personal Injury Lawyers can help with your claim by:
- Investigating the accident and determining who was at fault for it
- Gathering and analyzing evidence
- Explaining your legal rights and options at each phase of the case
- Handling legal claims and communications with the insurance company
- Negotiating for fair compensation
- Advising you if a settlement offer is fair
At every phase of the case, we will protect your legal rights. Learn more about how our Encinitas personal injury lawyers can help.
What Is Premises Liability?
Premises liability law is the area of law that is concerned with the responsibility of property owners and occupiers. Under California law, all property owners must properly maintain their property to avoid causing foreseeable injuries to visitors. Property owners must maintain their property in a reasonably safe condition for customers, visitors, and other invited guests.
This requirement applies to all types of property owners, including:
- Government agencies
- Businesses
- Private property owners
If someone is injured on the property, the property owner or occupier may be responsible for the injured victim’s damages if their negligence caused the victim’s injuries.
What Is the Value of My Encinitas Premises Liability Case?
Every premises liability case is different.
The potential value of your claim can be affected by individual factors such as:
- The type and severity of your injuries
- Whether your injuries are temporary or permanent in nature
- The cost and duration of your medical treatment
- The extent of your pain and suffering
- How much time do you miss from work because of your injuries
- How the injury will affect your quality of life
- Whether you contributed to the accident
Your claim will also depend on the damages you sustained.
What Damages Are Available In Premises Liability Cases?
If you’re injured on someone else’s property, you might have the right to seek compensation for the damages you sustained.
Depending on the circumstances, this might include:
- Past, current, and future medical expenses
- Rehabilitation, in-home care, and physical therapy
- Lost wages and income
- Loss of future earning potential
- Property damage
- Out-of-pocket expenses
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of quality of life
- Disfigurement or scarring
Our Encinitas premises liability lawyers can gather evidence to document the full extent of damages you sustained.
Our Encinitas Premises Liability Lawyers Fight To Recover Financial Compensation for All Your Injuries
People may suffer from various injuries when they are hurt on others’ properties, including:
- Concussions and other traumatic brain injuries
- Back injuries
- Chest injuries
- Dislocated and broken bones
- Broken hips
- Nerve damage
- Soft tissue injuries
We also represent the families of accident victims who were killed in accidents on others’ properties.
Common Types of Premises Liability Accidents
There are many different types of reasons that people can be injured while on someone else’s property.
Leading reasons for these injuries include:
- Slips and falls
- Fires and explosions
- Swimming pool drownings and accidents
- Negligent security claims involving criminal activity by third parties
- Dog bites and other animal attacks
- Playground injuries
- Toxic exposure accidents
- Boating accidents
- Elevator or escalator accidents
- Parking lot accidents
If you were visiting someone else’s property and were injured, the property owner may be responsible for compensating you for your damages. Let our personal injury firm help you.
Common Causes of Premises Liability Accidents
Many premises liability accidents occur because of the owner’s or occupier’s carelessness or negligent maintenance of the property.
Common causes of premises liability accidents include:
- Spills on floors
- Wet, waxed, or slippery floors
- Failure to place signs near spills
- Broken flooring tiles, steps, or pavement
- Missing guardrails or handrails
- Uneven flooring
- Damaged stairs
- Defective or malfunctioning elevators or escalators
- Obstacles in aisleways
- Inadequate lighting
- Inadequate security
If you were injured on someone else’s property, you might have a premises liability case against the property owner. Learn more about your legal options by calling our firm for a free case review.
Where Do Premises Liability Claims Arise?
Premises liability cases can arise from any type of property, including:
- Businesses
- Grocery stores
- Restaurants
- Bars
- Hotels and resorts
- Amusement parks
- Malls and shopping centers
- Schools and daycares
- Hospitals and nursing homes
- Public parks and playgrounds
- Government buildings
- Colleges and universities
- Private properties
After we identify the at-fault party, we can begin collecting evidence to establish your case.
What if I’m Being Blamed for My Premises Liability Accident?
California is a pure comparative negligence state. This means that you can still recover compensation for your injuries, even if you are also at fault. However, the amount of compensation you recover will be reduced in proportion to your amount of fault.
What Do I Need To Prove To Win My Premises Liability Claim In California?
To win your premises liability case in California, you must generally prove the following legal elements:
- The defendant owed you a legal duty of care.
- The defendant breached their duty of care by allowing unsafe property conditions on their premises.
- The unsafe conditions on the property caused you harm.
- You suffered damages as a result of the accident.
Duty Of Care
There are three classifications of visitors to property:
- Invitees – Invitees are people who are invited onto the property by the property owner, such as business customers. Property owners owe the strongest duty of care to these guests and must conduct regular inspections of the property to identify possible hazards, promptly fix any dangers, and provide adequate warning about dangers on the property if those hazards cannot be repaired immediately.
- Licensees – Licensees are people who visit the property for social or non-commercial reasons, such as guests on private property. Property owners must provide adequate warnings about hazards they know about.
- Trespassers – Trespassers are people who are not lawfully on the property. Property owners need only not intentionally cause them harm.
Our lawyers can investigate the case and determine the legal status and duty that applies to your case.
Breach of Duty
The next element; breach of duty, requires you to show the following:
- The property owner knew about the dangerous conditions that ultimately injured you or should have known about them with due diligence.
- The property owner failed to fix the hazardous condition or provide sufficient warnings about the danger.
This element requires you to show that the property owner failed to properly maintain their property.
Causation
In this element; causation, you must be able to connect the defendant’s breach of duty and your injuries.
An experienced premises liability lawyer can conduct an investigation to try to establish this causal link by gathering evidence such as:
- Property maintenance records
- Personnel records
- Video surveillance footage
- Photos of the accident
- Medical records that connect your injuries and the accident
- Witness statements
- Incident reports
- Police reports regarding criminal activity in the neighborhood
- Inspection reports
We will also try to find evidence that the property owner knew about the dangerous conditions on the property but failed to fix them.
Damages
Finally, you will need evidence of the damages you suffered, such as receipts, medical bills, and lost wage statements.
What Is the Deadline To File My Premises Liability Case In California?
Personal injury victims must generally file their personal injury claim within two years of the accident date. If the claim is against the California government or its employee, the claim must generally be filed within six months of the date of the accident. If this deadline passes and the victim has not filed a lawsuit against the responsible party, they can be barred from seeking compensation. An experienced personal injury lawyer can help you determine the deadline that applies to your particular case.
Contact an Encinitas Premises Liability Lawyer for Your Free Case Consultation
Were you injured on someone else’s property in Encinitas, CA? If so, you do not have to go through the process of pursuing a legal claim alone. Petrov Personal Injury Lawyers can help if you were injured in an accident on someone else’s property. We can investigate your case, gather evidence, negotiate for fair compensation, and guide you through the claims process. Contact us today to get started with the help of an Encinitas premises liability attorney.
