Did you slip and fall, get struck by falling objects, or suffer injuries in another type of accident on someone else’s property in Carlsbad, California? If so, it’s important to discuss your legal rights with Petrov Personal Injury Lawyers. You may have the right to sue the property owner for your resulting medical expenses, loss of income, and distress. Our experienced Carlsbad premises liability lawyers can help you fight to maximize your recovery. Call us today at (619) 344-0360.
Since 2012, Petrov Personal Injury Lawyers has helped injured consumers, guests, and visitors take on powerful property owners and businesses after life-changing accidents. As leaders in premises liability litigation with over 20 years of experience, our top-rated litigators helped clients recover over $40 million in damages.
Let us help you take a stand and work to secure the financial justice you need and deserve. Contact our law office serving Carlsbad, CA, to set up a free consultation now.
How Petrov Personal Injury Lawyers Can Help You After You’re Injured on Someone Else’s Property in Carlsbad, CA
You can’t be expected to watch your every step when you’re out and about in Carlsbad. You should be able to trust that you’ll be safe when you enter a business or go to someone else’s home. Unfortunately, property owners and businesses don’t always maintain their premises in reasonably safe condition. That’s when accidents happen, and innocent people like you get hurt.
Our Carlsbad personal injury lawyers are here to help you assert your rights and pursue a legal claim for damages.
When you turn to us for help, you level the playing field against powerful corporations, well-funded property owners, and tough insurance companies. You’ll also get the opportunity to focus exclusively on your physical recovery and mental well-being. Our award-winning California trial attorneys will handle everything else.
Count on us to:
- Investigate your case with the help of trusted experts and specialists
- Analyze critical pieces of evidence, including the police or accident report, medical records, video footage of the accident, photographs, and reports of prior similar incidents
- Find and interview witnesses to the accident
- Prepare strategies to fight back against allegations that you’re responsible for the accident
- Consult experts as we calculate the projected value of your premises liability claim
- Handle settlement negotiations with the property owner and/or insurance company on your behalf
- Bring your premises liability lawsuit to trial if we believe that you’ve been lowballed by the other side
Hiring our personal injury law firm sends a clear to the other side: you’re serious about your case and won’t be walking away with less than you deserve. Call us to learn more. Your first consultation is free.
What Is Premises Liability?
Premises liability refers to laws that impose a duty of care on property owners in the State of California. Specifically, property owners assume a responsibility to maintain their premises in a reasonably safe condition. This helps to ensure that invited guests and visitors are safe when they’re on the premises.
What steps does a property owner have to take to keep a visitor safe? It depends on why someone is on the premises in the first place.
Invitees
The greatest duty of care is owed to invitees. Invitees are people who enter the premises with the owner’s consent for a business-related purpose. The owner enjoys some benefit because of the guest’s visit. You would be classified as an invitee if you’re eating dinner at a restaurant in Carlsbad, staying at a local hotel, or going grocery shopping at Vons.
To protect invitees, property owners must regularly inspect the premises for hazards, fix dangerous conditions upon discovery, and warn guests about known risks.
Licensees
Property owners owe a moderate duty of care to licensees. Licensees are people who enter the premises with the owner’s consent for a personal reason. You’d be considered a licensee if you ran into the grocery store for the sole purpose of using the bathroom or visited a friend’s home to catch up.
To protect licensees, property owners must fix hazardous conditions when they’re discovered and warn of known dangers. There is no obligation to inspect the premises.
Trespassers
Trespassers are people who enter property without the owner’s consent. Property owners generally have no duty to protect trespassers.
The main exception to this is when a trespasser is a child. Owners assume a duty to protect children from attractive nuisances on the premises. An attractive nuisance is something dangerous that children would be drawn to – like a swimming pool or heavy machinery. An owner must take reasonable steps to keep kids off the property and/or away from the danger.
When an owner fails to take appropriate steps to keep visitors safe, they can be liable if someone is injured or killed as a result.
Types of Premises Liability Cases We Handle
At Petrov Personal Injury Lawyers, we have 20+ years of experience handling all types of premises liability matters, including:
- Slip and fall accidents
- Falls from heights
- Falling object accidents
- Dog bites and animal attacks
- Toxic exposure
- Elevator accidents
- Negligent security
- Amusement park accidents
- Swimming pool accidents
- Stair collapse accidents
- Parking lot accidents
- Assault
- Sexual assault
Experience can make all the difference when you’re taking on a powerful and well-funded opponent. Put ours to work for you. Call us to arrange a time for a free case evaluation. We’re always available to help – 24 hours a day, 7 days a week.
What Do I Have To Prove To Win a Premises Liability Claim in Carlsbad?
Premises liability is a matter of negligence. Ultimately, you’ll need to prove that you were injured or lost a family member because of the owner’s negligence.
Specifically, you have to demonstrate:
- The property owner/business owed you a duty of care because you were lawfully on the premises
- The owner/business breached the duty of care to you by not inspecting/fixing/warning, as required by law
- The owner’s failure to maintain the premises in a reasonably safe condition was the direct and proximate cause of your injury, and
- You’ve suffered identifiable damages.
You’ll need compelling evidence to support your case, which might include accident reports, company policies and procedures, cleaning and maintenance records, reports of health or safety code violations, photographs, and video recordings.
Our premises liability attorneys in Carlsbad have spent decades crafting compelling negligence actions. We understand the best way to structure your claim and what proof is most helpful. We’re ready to put our vast knowledge and experience to work for you.
What Compensation Can I Get if I File a Premises Liability Lawsuit?
When you get hurt on someone else’s property, you reserve the right to file an insurance claim and/or lawsuit seeking compensatory damages.
Compensatory damages include:
- Economic damages to offset the verifiable (and projected) monetary costs of your accident, and
- Non-economic damages to offset the trauma and suffering you experience as a victim.
This can include money for:
- Current and future medical bills
- Lost wages and earnings
- Disability
- Nursing care and assistance
- Rehabilitation
- Out-of-pocket costs
- Pain and suffering
- Emotional distress
- Embarrassment
- Loss of consortium
- Reduced quality of life
- Chronic physical pain
If there’s compelling evidence of intentionally harmful actions or a reckless disregard for your safety, a jury may be able to award punitive damages as well.
Fighting To Get Compensation for All of Your Injuries
Our Carlsbad premises liability attorneys are ready to help you seek damages for all of your injuries, including:
- Burn injury
- Eye injury
- Nerve damage
- Whiplash
- Neck injury
- Back injury
- Spinal cord injury
- Soft tissue damage
- Broken bones
- Crush injury
- Amputation
- Concussion
- Brain injury
- Catastrophic injury
- Wrongful death of a family member
Don’t hesitate to report your accident and head to the closest emergency room in Carlsbad after your accident. Then, call our law office to discuss your legal rights and options.
What’s the Deadline for Filing a Premises Liability Claim in California?
State law gives you two years from the date of your accident to formally file a claim for damages.
You don’t want to wait too long to assert your rights. You forfeit the opportunity to seek compensation from a negligent owner if the statute of limitations expires. There are exceptions to the time limit for some cases, so contact us as soon as possible to protect your rights.
Schedule a Free Consultation With an Experienced Carlsbad Premises Liability Lawyer
Property owners have a responsibility to keep you safe when you’re a guest. If they don’t take this responsibility seriously, they can be held financially responsible when you get hurt or suffer the death of a family member. Petrov Personal Injury Lawyers is here to help you take action.
Our Carlsbad premises liability lawyers have been fighting for injury victims and families in North San Diego County for more than 20 years. We’ve won over $40 million in the process. Let us stand up and be your most passionate advocate.
We offer a free consultation and work on contingency. You pay nothing unless we win money for your premises liability case. Call to get started now.
