Premises Liability

When you are out and about, either running errands at a store or visiting friends, you do not expect to encounter any dangerous conditions. However, sometimes, those hazards are present, and can lead to significant injuries. If you’ve been injured on someone else’s property as a result of negligence, the Orange County premises liability attorneys at the Serendib Law Firm can help you pursue proper legal action. Serious injuries require substantial recovery times, as well as the costs associated with medical care and time missed from work. It is important that those responsible for such harm are held financially, and legally, accountable. If you have been injured in a slip and fall accident, or any other incident related to a dangerous property condition, please contact our office to find out more about how we can help.

Under California law, property owners, or occupiers, have a duty to take reasonable measures to keep visitors safe. This duty is different depending on the type of property it is and a visitor’s purpose in being there. Business owners owe the highest duty of care to invitees who are on their premises as patrons there for business purposes. This includes restaurants, retail stores, malls, as well as their associated parking lots or structures. Property owners, as well as a property manager, employee, or other party may be responsible for a victim’s injury due to a harmful condition on their premises. A knowledgeable Southern California premises liability attorney will be able to determine who of these, or other, parties is liable to you following such an accident.

If you are injured at a business establishment, it must be shown that a defendant had actual or constructive knowledge of the dangerous condition that caused your injury. It also must be proven that the defendant failed to take reasonable measures to rectify the hazard or warn patrons of the danger. ‘Constructive knowledge’ requires a showing that a business exercising reasonable care should have known about the danger, given the length of time it was present; or that the kind of dangerous condition was foreseeable as regularly occurring. For example, if a spill at a grocery store has been sitting for hours without any signage warning customers, and someone slips as a result, the store could be held accountable.

Owed a slightly lesser degree of care are visitors classified as ‘licensees.’ These are individuals who enter another’s property socially, such as for a dinner party. Hosts must keep their premises reasonably safe for their guests and repair any known dangerous conditions or warn visitors about them. In California, there are no protections for trespassers on another’s property who are there without permission. An experienced Orange County injury attorney at the Serendib Law Firm can assess what legal standard needs to be shown in your case.

Of course, all individuals have a personal duty to keep themselves safe. Many defendants will argue that injuries are due to a victim’s own negligence. Even if this is partially true, victims can still receive compensation if it is shown another party is also at fault. In California, comparative negligence applies when determining damage awards. The amount a plaintiff receives is offset by the proportion they are found liable. Therefore, if it is decided that a victim contributed 40 percent to causing their own injuries, they may still recover 60 percent of the total costs associated with their injuries. Damages in these types of claims include past and future medical expenses, lost income, loss of earning capacity, as well as, in some circumstances, loss of enjoyment of life or loss of consortium.

For legal claims, time is vital following an injury sustained on someone else’s property. Premises liability suits must be filed within two years of an accident. If you need more information about your legal options, an Orange County personal injury attorney at the Serendib Law Firm is available to answer your questions. We are committed to making sure our clients receive personal and comprehensive legal services throughout their entire case. Our firm represent victims throughout Orange, Los Angeles, San Bernardino, and Riverside Counties. Please contact our office at 1-800-LAW-8825 (800-529-8825) or online today.