Put Knowledgeable Lawyers On Your Side For A Premises Liability Claim
When a resident, visitor or employee is injured on someone else’s property, a premises liability claim may cover the expenses associated with the injury. If you have been injured, it is wise to discuss the matter with a respected personal injury attorney who has ample experience handling premises liability cases.
At the Law Offices of Leonard S. Becker, APC, we have decades of experience helping injured people recover physically and financially. Give us a call today to discuss your specific situation in a free consultation. From locations in Hayward and Danville, we serve clients throughout Northern California.
On What Type Of Dangerous Premises Were You Injured?
Our premises liability lawyers have successfully advocated on behalf of people who have sustained injuries in a variety of accidents on dangerous property, including:
- Falls from balconies, stairways, roofs and other high places
- Slip-and-fall injuries occurring in nursing homes, shopping centers, office buildings, schools and government buildings
- Shooting accidents and assaults in homes, schools and public parks
- Escalator and elevator accidents
- Dog bites and other animal attacks
- Sexual assaults caused by insufficient security
- Injuries caused by fire, flood, earthquake or other natural disasters (insurance policies may or may not exclude “acts of God”)
- Amusement park accidents involving dangerous rides or other attractions
If a property owner’s negligence resulted in assault or battery – for example, if they failed to hire adequate security, install security equipment or light the premises properly – it may be possible to pursue a civil claim for premises liability as well as a criminal complaint against the assailant.
Landlords and business owners must take precautions to ensure their property is safe. Similarly, government agencies and municipal entities must take care to ensure that public roads, sidewalks and other public properties are safe. Our attorneys are prepared to fight for the compensation you deserve if you are hurt because of a property owner’s negligence.
What If The Property Owner Is A Friend Or Relative?
Injured people sometimes hesitate to consider filing a premises liability claim when an injury took place on the property of a friend or family member. Many do not like the idea of suing a person they know. And yet, the losses and medical expenses are considerable.
Please realize that homeowners and business insurance policies exist for the purpose of covering injuries to guests, visitors and patrons. Someone who cares about you may be relieved to know you will be compensated after suffering injuries on their property. In such situations, it is advisable to discuss your options with an experienced premises liability attorney.
Answers To Questions About Premises Liability
We know that you probably have several questions about premises liability and your claim. To help you get the information you need, here are a few questions and answers.
What Is Premises Liability?
Premises liability is a legal term referring to the obligation of property owners to keep their grounds safe for visitors.
Who Can Sue?
Not just anyone can sue for an injury that occurs on someone else’s premises. You can sue if:
- The property owner invited you over.
- You visited the property owner as a guest.
- You are a licensee who entered the premises with the owner’s consent.
Trespassers do not have the right to file a claim. For example, a burglar trespassing in a homeowner’s backyard cannot file a lawsuit for breaking their ankle.
What Are The Elements Of A Premises Liability Claim?
To have a successful case, you must prove several elements:
- The plaintiff owned or controlled the property where your accident occurred.
- A hazardous condition on the property posed an unreasonable threat of harm.
- The owner knew about or should have known about this condition, but failed to fix it.
- The hazardous condition caused your injury and you have damages.
If you can demonstrate all these criteria in court, you may have an actionable claim.
What Is Actual Knowledge? What Is Constructive Knowledge?
Actual knowledge means that the property owner knew about the hazardous condition on the property. Constructive knowledge means that they did not know but should have known about it through due diligence.
What Happens If I Am Partially At Fault?
California is a comparative negligence state. This means that even if you share partial fault for your injuries, you may still recover some compensation. If a court determines that you have 10% fault for the accident, for example, you may recover up to 90% of the compensation for your damages.
Request A Free Initial Consultation After An Injury
Do you have a case? We will evaluate the facts and give you a professional opinion promptly. Our years of experience and track record of success advocating on behalf of slip-and-fall accident victims have given us the knowledge and skills needed to secure much-needed compensation for the injured.
There is no charge to speak with an experienced attorney about your case. If you choose to have us represent you, there will be no legal fees unless we obtain financial compensation for you.