San Diego Premises Liability Lawyers
California laws, construction codes, and business regulations hold property owners to high standards, but many still fail to provide the necessary care for their guests, customers, and tenants. From restaurant owners to landlords of business complexes, all property owners are required to maintain the safety of their property, which includes identifying dangerous conditions, making repairs or updating security measures, and informing guests and tenants of any known hazards. When they fail to do so, and a visitor is harmed by their negligence, a premise liability claim can be filed to compensate a victim for any damages lost in the incident.
If you have been harmed due to a property owner’s negligence, such as faulty security measures that resulted in a violent crime or a fall down a dark staircase, then you should contact the legal team at jD LAW, by calling (760) 630-2000. Our founding attorney is a former LAPD investigator who can properly review your case to determine negligence, collect all evidence available, and argue in negotiations or in court to ensure you receive the compensation you deserve.
Premises liability is a legal concept that comes into play in particular personal injury cases. It is the liability held by a property owner or occupier for certain torts that occur on the property. A tort can be defined as a wrongful act (other than a breach of contract) for which relief may be obtained in the form of damages or an injunction. In a premises liability lawsuit, an injured party is seeking to hold a property owner or occupier legally responsible for damages arising out of an injury that occurred on the property.
There are many different types of premises liability claims and they often rely on the unique circumstances of each case. However, the most common cases involve:
- Slip or trip and fall accidents as a result of broken staircases, uneven pavement or carpet, and spills
- Elevator and escalator accidents, often due to mechanical failure
- Swimming pool accidents
- Dog bites or attacks caused by a negligent owner
- Violent crimes resulting from a lack of security
- Fires and explosions
- Porch, balcony, or stair collapses
In California, the person or entity who owns, possesses, or controls the property is responsible for injuries occurring as a result of a condition on the premises. Without the crucial element of control over the property, there is no duty to exercise reasonable care to prevent injuries. For example, a business owner who is leasing a commercial property and has control over the premises may be liable for injuries sustained on the property, rather than the actual owner of the property. In contrast, if a property is abandoned or undeveloped, and you were trespassing, it can be difficult to hold the owner responsible for your injuries.
To establish negligence and liability, you must show that:
- The property owner or occupier had a duty to take measures to ensure others were safe from harm on the property.
- The property owner or occupier breached that duty.
- The property owner or occupier’s breach of duty was the direct and proximate cause of the injuries.
- You suffered damages as a result of your injuries.
When someone takes ownership of a property, they also take responsibility for maintaining it. This responsibility extends to providing adequate security to prevent sexual assaults, muggings, and other violent crimes. A property owner or occupier that fails in its duty may be held liable for the resulting injuries in a premises liability claim.
Depending on the type and severity of your injuries, damages may be extensive in a premises liability claim. They may include:
- Past and future medical expenses
- Lost wages or earnings
- Loss of earning potential
- Pain and suffering
- Mental anguish
The fact that an accident and injury occurred on someone else’s property does not automatically mean the property owner is liable. The burden of proof lies with you, and to recover compensation, you must prove negligence and liability. Your best chance of recovering full and fair compensation for your injuries is to have an experienced lawyer by your side.
The legal team at jD LAW, has the necessary experience and knowledge to argue for fair and proper compensation on behalf of our clients. If you have been seriously injured on someone else’s property in San Diego, call us at (760) 630-2000 to schedule a free consultation. With the leadership of our lead San Diego personal injury attorney, we will review all aspects of your case to determine the cause of your injuries and who is liable for any damages you sustained.
Don’t Wait A Second Longer
When you have been injured, or a loved one has been killed due to the negligence of another, you need legal help. Contact jD LAW, today to get the justice you deserve.