San Diego Premises Liability Attorneys

A Southern California Law Firm Dedicated to Helping Victims Injured in Premises Liability Accidents Seek Compensation from Negligent Property Owners

If you suffer injuries on someone else’s property due to unsafe conditions that should have reasonably been addressed, it may be possible to hold private, commercial, and public property owners accountable for their negligence under premises liability law. However, it is not always simple for accident victims to hold a property owner accountable for negligence or hazardous conditions, as the burden of proof rests on the shoulders of the plaintiff. Add to that the fact that navigating the legal process on your own while still recovering from a serious injury can be too much to ask for anyone, leading many accident victims to accept settlement offers well below what they deserve. But it’s worth remembering that you need not go through the process of proving a property owner’s negligence in a premises liability case on your own. Help is available.

Our San Diego law firm has over three decades of legal experience assisting clients in various personal injury cases throughout San Diego and nearby California communities. We serve clients with aggressive determination in negotiations with the insurance company and during courtroom hearings, while providing compassionate legal services to our clients behind closed doors. We are assertive, confident, honest, and informative, always keeping our clients educated about their cases throughout the attorney-client relationship.

If you have been injured due to a property owner’s negligence, contact a San Diego premises liability attorney at our law office for experienced legal representation. In your initial consultation, we will go over the facts of your premises liability case to help determine your options for taking legal action.

What is California Premises Liability Law?

Premises liability law governs the legal responsibilities property owners owe to those who are injured on their property. In San Diego, the team at Banker's Hill Law Firm, A.P.C., has experience in all types of these liability cases, ensuring that the injured person receives fair compensation.

Whether you’re in a commercial property like a retail store, public property run by a government entity, or visiting a neighbor and their private property, you should not have to be concerned about dangerous conditions or unreasonable risks just because you’re a lawful visitor on the premises. You should feel confident in your safety and believe the property owners would promptly address any hazards.

San Diego property owners have a legal obligation to provide reasonably safe premises to lawful visitors, shoppers, and invitees. When property owners fail in their duty of care, they may be subject to a premises liability lawsuit.

Premises liability cases are a matter of proving the defendant’s negligence, which can be a complex process, especially if you go without professional legal counsel. Essentially, you and your attorney must demonstrate that the property owners or parties responsible for property maintenance were negligent in some way and that, as a result, you were hurt or a family member suffered serious injuries.

How to Prove Liability of the Property Owner or Occupier in Premises Liability Lawsuits?

To succeed in a premises liability claim, you must prove that the property owner or occupier knew about the hazardous condition on someone else’s property and failed to remedy it.

Immediately after suffering injuries on another’s property, seek medical attention to address your health and ensure that you receive appropriate medical care. Document everything related to your personal injury accident, including taking pictures of the accident scene, your injuries, and the hazards that caused the accident. Before leaving the accident scene, report the incident to the property owners or management staff to ensure that an official report is recorded. Then, contact a personal injury lawyer at our firm to discuss your case and the possibility of pursuing legal action.

To win a premises liability case, you must first establish that the property owners or management staff owed you and others a reasonable duty of care. The duty of care is extended to you when you are classified as a lawful invitee or licensee. If you enter the property with the express or implied consent of the property owners for either business purposes or personal reasons, you are owed a duty of care. In most cases, trespassers are not owed the same duty of care.

Next, you and your legal representative must demonstrate that the property owners failed to address unreasonable risks and hazards on the premises, thus breaching their duty of care owed to you by state law. The breach must have also been the direct cause of the accident, which resulted in your injuries or the wrongful death of a loved one.

Finally, you must be able to show real damages that you experienced due to the premises liability accident, such as lost wages, medical expenses, pain and suffering, emotional distress, and other out-of-pocket expenses.

What is Comparative Fault and How Might It Impact Your Premises Liability Claim?

In some cases, the injured person may share some fault. Our expert personal injury lawyer will navigate the complexities of comparative fault to secure your claim.

California personal injury law operates according to a pure comparative negligence doctrine, which establishes that multiple parties can be held accountable for a personal injury accident, and the victims themselves may be held responsible. Essentially, the level of shared negligence you are said to have impacts the total compensation you stand to recover. For example, if a jury decides you are 30% responsible for the accident on someone else’s property, you would see your maximum compensation reduced by 30%.

Because of this law, property owners will sometimes try to shift the blame onto accident victims in an attempt to avoid liability and save money. As your legal representatives, we will fight for every dime possible to secure the fair settlement you rightly deserve.

What Are Common Examples of Premises Liability Cases in San Diego, CA?

Slip and Fall Accidents

One of the most common types of these cases, slip and fall accidents, often occur in restaurants, stores, or sports arenas. Proving that the property owner should be held liable requires experienced representation.

Elevator and Escalator Accidents

These accidents can result from inadequate maintenance or defects. Our lawyers will investigate the condition on someone else’s property to establish liability.

Dog Bites and “Strict Liability” in California

Unique in premises liability law, dog bites are subject to strict liability. You don’t have to prove that the owner knew the dog was dangerous, making legal assistance essential.

Swimming Pool Accidents and Safety Laws

San Diego has laws and safety ordinances covering public and private swimming pools. For example, private swimming pools in San Diego County must have an enclosure at least 60 inches high separating the pool from neighboring properties.

San Diego‘s laws and ordinances regulate both public and private swimming pools. If pool owners fail to comply, they may be held responsible for accidents, such as an attractive nuisance that lures children.

Attractive Nuisance and Child Safety

Understanding the legal concept of an attractive nuisance can be complex. We provide expert guidance to ensure that children’s injuries are adequately addressed.

Inadequate Security

Lack of proper security guards or security cameras in parking lots, garages, and other locations can be considered negligence, especially in high-crime neighborhoods. If an assault or accident befalls a victim, at least in part because of inadequate security measures, the property owners and management staff could be held responsible.

What Are Common Dangerous Conditions on Unsafe Properties?

Premises liability accidents can happen just about anywhere, from private property to public parks to commercial buildings such as supermarkets, restaurants, and retail stores. Such accidents are also common at hotels, resorts, and amusement parks.

Although property owners and building managers have the legal obligation to keep their buildings safe and well-maintained, sometimes there are oversights, cut corners, and other errors that result in unsafe conditions.

Common examples of hazards and dangers that could cause premises liability accidents include the following:

Broken and cracked sidewalks
Missing handrails on balconies or stairways
Flooding and water leaks
Dangerous driveways
Poorly constructed scaffolding
Unsafe use of cranes and other heavy equipment
Slippery surfaces, sometimes caused by water or ice
Lack of adequate signage to warn of dangerous surfaces
Unsafe or uneven floorboards
Defective and dangerous elevators
Use of defective materials in building structures
Failure to consider unexpected conditions like adverse weather or earthquakes
Corrosion and building material fatigue
Subpar architectural design or construction
Fire hazards
Dogs and other animals allowed off their leashes
Exposure to toxic chemicals and fumes
Malfunctioning garage doors
The lack of proper lifeguards on duty at a public swimming pool
Inadequate maintenance
Negligent security and a lack of security cameras
Porch and balcony collapse
Broken or defective staircases
Potholes
Unsafe escalators
Loose rugs, carpets, and mats

Property owners owe a duty to maintain safe premises. If you’ve been injured, our personal injury lawyers will fight for your rights, holding the parties responsible.

What Sort of Financial Recovery May Be Available in a Successful Personal Injury Claim?

With a successful claim against negligent property owners, it is possible to recover significant financial compensation from the property owners or their insurance company providers. The value of your premises liability lawsuit will depend upon several factors, including your age, the severity of your injuries, your ability to return to work, shared negligence, mental trauma, and more. Ultimately, we cannot offer you a guess about what your personal injury case could be worth without first speaking to you about the facts of your case and determining some of your potential legal options.

In San Diego County, accident victims who successfully prove negligence in premises liability lawsuits stand to be awarded economic and non-economic damages. Economic damages are meant to compensate victims for medical bills, property damage, and other real financial losses. Non-economic damages are meant to provide a settlement for damages that are harder to quantify but which negatively impact the survivors regardless.

Potential financial recovery may include some of the following compensation:

Past medical bills and future medical expenses, including compensation for ambulance transportation, hospital stays, necessary surgeries, prescription medications, and long-term medical care
Physical pain and suffering compensation, including instances of physical impairment or new disabilities
Disfigurement or dismemberment compensation
Loss of enjoyment of life or quality of life
Emotionless stress, mental anguish, and psychological trauma
Property damage
Lost wages and lost income-earning capacity
Wrongful death damages, including compensation for loss of benefits, loss of income, loss of companionship or consortium, and compensation for funeral, memorial, and burial expenses

In personal injury cases involving extreme negligence or even potentially maliciousness, punitive damages may also be recoverable if a judge or jury deems them appropriate. Punitive damages are meant to punish the negligent parties for their actions and deter others from committing similar acts. These damages are not guaranteed in every premises liability case.

How Can Our San Diego Premises Liability Lawyers Help You Recover Compensation from the Party Responsible?

There are several benefits to retaining the legal services of experienced attorneys well-versed in California premises liability law.

It is worth remembering that the burden of proof is on the victims in premises liability lawsuits. You must establish that the defendant had a duty of care, breached that duty of care, and that the breach resulted in substantial harm befalling yourself or your family members. This can be tricky to prove in premises liability cases, especially when injured victims are still recovering from the accidents. For this and many other reasons, it is crucial to seek the professional legal counsel of experienced lawyers to assist you throughout the process.

As your attorneys, we will gather evidence that supports your claims, ensure that all paperwork is filed within the statute of limitations, negotiate on your behalf with the insurance companies, fight back against accusations that you caused the accident, and represent your rights in a court of law if necessary.

Contact Our San Diego Law Office to Speak with an Experienced Premises Liability Attorney About Your Case Today

Banker's Hill Law Firm, A.P.C., has extensive experience representing the civil rights of victims injured in various types of personal injury accidents, including but not limited to premises liability cases. As your legal representation, we will extend all our knowledge and experience to you, the client, and assist you throughout the claims process to recover the maximum compensation and achieve the most optimal outcome for your case possible.

We serve clients throughout San Diego, Los Angeles, and nearby neighborhoods in all areas of personal injury law. To learn more about how we could be of valuable assistance to you throughout your personal injury lawsuit, please contact our law office to schedule a no-obligation case evaluation with our legal team today.

Contact us at (619) 768-2865 for a consultation. Whether it’s a slip and fall or a more complex case, our experienced team is here to assist you.