Accidents happen. There’s no getting around that. But when an accident happens on somebody else’s property, and it’s due to the owner’s negligence or failure to maintain a reasonably safe environment – then that’s a different story; one that our experienced premises liability attorneys at Agemian Law Group are very familiar with. If you’ve suffered a serious injury on property that was poorly maintained – be it commercial, residential, or public – know that California’s premises liability laws are behind you, and so are we.
It only takes one slip up to completely derail a person’s life. Medical bills, pain, suffering, impairment, lost income, lost earning capacity – all of these things can come raining down on you in a heartbeat after a bad injury. “Luck of the draw,” some might say. But you’d be surprised at how many accidents are actually a byproduct of sheer carelessness on the part of the property owners – anything from broken stairs, spills or leaks, unfixed structural issues, failure to put up warning signs about known hazards – the list is endless. Whatever the case may be, at Agemian Law Group, we know the difference between bad luck and recklessness. We’ve represented countless victims whose quality of life has come to a screeching halt because of this type of negligence, and trust us, we know just how frustrating and demoralizing it can be. Let us help you get your life back on track by holding property owners financially responsible for your physical and mental suffering; you deserve a shot at justice and we’ll make sure that you get it.
We’re sure you have questions -- in fact, you may never have thought that you’d need the help of an attorney before your accident or incident occurred. Agemian Law Group is here to help you make sense of what’s next.
Premises liability cases can happen just about anywhere – stores, restaurants, corporate buildings, parks, government property, malls, parking lots, and people’s homes – and there are virtually endless possible scenarios that can give rise to a lawsuit. Some of the most common premises liability accidents include:
Other examples of premises liability cases can include:
If you suffered an accident while visiting somebody else’s home, the same laws still apply to the owner of the property. If the homeowner does not keep their property in a reasonably safe condition or warn the visitor of a hazard, and the visitor is injured, the homeowner could be liable for damages.
If the injury occurred in a rental property or a leased commercial property, the tenant/leaseholder (not the landlord) would be liable because he or she is presumed to be in control of the condition of the property.
However, landlords aren’t completely off the hook in some cases. They must still conduct inspections of their properties before and after renting it to tenants (or upon renewal of a lease). If the landlord fails to repair any obvious unsafe condition during these instances, and a tenant is injured as a result, the landlord could be held liable. Other important exceptions in which the landlord of a leased property would be held liable are:
According to California’s CACI No. 1001, property owners who own, lease, occupy, or control a property have what’s called a basic “duty of care” to keep it in a reasonably safe condition. This requires them to maintain and inspect their property, repair anything that could potentially lead to dangerous conditions, and give adequate warning of anything that is irreparable or might be expected to harm others. If the owner breaches any of these duties, they can be held liable for any consequent injuries.
In a court of law, whether the owner breached their duty of care is dependent on the following factors:
In California, a premises liability lawsuit is based on negligence. Therefore, the plaintiff must prove that he or she was harmed because of the negligent way in which the property was managed. In order to establish such a claim, you will be required to prove four things:
Perhaps the most important thing keep in mind is that negotiation is the name of the game when it comes to premises liability lawsuits. Most of these cases never actually make it to a courtroom; they involve negotiating a settlement beforehand. In a premises liability case, these negotiations will probably involve the defendant’s insurance company – and you should remember that they definitely don’t have your best interests in mind. In fact, they’ve got a high-powered attorney on their end who is being paid to withhold as much money from you as possible.
In order to do this right, you need an experienced attorney who understands the nuances of premises liability law in California and who practically negotiates these types of cases in their sleep. That’s where we come in. At Agemian Law Group, we know how the game works and we’ll be able to tell you exactly how to properly document and argue your case. Not only that, but we take these types of cases personally because we know that most people get taken advantage of by these companies without even realizing it. Remember, chances are that it will be you vs. the legal department of a major insurance conglomerate – which may seem scary, but it doesn’t have to be. We fight – and win – these types of battles all the time, and we’ll be glad to do it for you.
