Premises liability accidents can occur when property owners fail to maintain safe conditions and ensure their property is free of dangerous hazards. When property owners fail to take reasonable precautions, serious injuries can occur. Victims of premises liability accidents may sustain debilitating or even life-threatening injuries, resulting in large medical bills, lost wages, emotional trauma, and extensive recovery. Understanding the common types of premises liability accidents can help injured individuals determine whether they may have grounds for a legal claim.
Premises liability cases are notoriously complex and may involve multiple liable parties. When you or a loved one is injured as a result of a property owner’s negligence, it’s critical to speak with an experienced premises liability attorney who can help review your case and seek compensation for injuries. At Rodriguez and Associates, our personal injury lawyers have an extensive track record of positive case results and securing justice and compensation for clients injured due to the negligence of property owners.
What is Premises Liability?
Premises liability is a branch of personal injury law that specifically addresses injuries suffered due to the negligence of property owners and their employees. Owners have a legal duty to maintain a safe environment for all occupants and visitors, taking reasonable steps to identify and address hazards. Property owners also must adequately maintain their premises and fix any issues that may lead to injuries. When owners fail to act responsibly, they can be held liable for a victim’s medical expenses, loss of wages, pain and suffering, property damage, and the emotional stress caused by their injuries.
To prove fault for premises liability accidents, the injured party must prove that the owner failed to uphold their duty of care to maintain a safe property. In California, property owners have a duty to ensure premises are safe for occupants, customers, tenants, and guests. Under California’s comparative negligence rule, the fault for a premises liability accident may be shared between the property owner and the injured party, ensuring that the property owner remains liable for their part in the accident.
Common Types of Premises Liability Accidents
When property owners neglect their duty to maintain safe conditions, many types of premises liability accidents can contribute to catastrophic injuries or even wrongful death. Among the most frequent incidents are slip, trip, and fall accidents which can result in fractures, traumatic brain injuries (TBI), or spinal cord damage. Other hazards like swimming pool accidents, dog bites, and poor building security can lead to dangerous scenarios that can cause life-altering harm.
Learn more about the most common types of premise liability accidents and determine if you have a valid legal claim:
- Slip, Trip & Fall Accidents: When property owners fail to maintain their property or warn occupants about dangerous conditions, it can lead to slip, trip, and fall accidents. These types of accidents occur due to cracked sidewalks, slippery floors, torn carpeting, damaged staircases, or uncleared snow and ice around a building. According to the National Flooring Safety Institute (NSFI), the leading cause of hospital emergency room visits is due to falls (21.3% of all visits) for a total of over 8 million visits. Falls are also the most common cause of traumatic brain injuries (TBI) according to the CDC.
- Swimming Pool Accidents: Swimming pool accidents at both public and private pools can result in catastrophic injuries or drowning when property owners fail to implement basic safety precautions. In the state of California, pool owners are required to have two safety mechanisms in place such as a fence that isolates the pool from the house, an approved safety cover, or an alarm that sounds when anyone enters the pool. Public pools are expected to have a lifeguard on duty or clearly display warning signs when a lifeguard is not present. If pool owners fail to comply with these laws or enact reasonable safety measures, they can be held liable if someone is injured or drowns due to unsafe conditions.
- Dog Bites: Dog owners are liable for injuries caused by their dog, even when the dog has no history of aggressive or violent behavior, under California Civil Code Section 3342. Owners are required to take necessary precautions to prevent dog bite accidents such as leashing their dogs in public, following rules on public property or transportation, and posting signs on their property to warn of dogs. Whether the bite occurs in on public or private property, victims of dog bites can hold the dog owner accountable to cover medical expenses, damages and other costs associated with the injury. According to the National Institutes of Health (NIH) in 2018, there were a total of 344,201 nonfatal injuries related to dog bites that were treated in hospital emergency rooms in the United States. California recorded the highest amount of fatal dog attacks of any state in 2019 with a total of nine deaths – the highest number ever reported in a single year.
- Poor Building Security: Inadequate building security can leave building occupants vulnerable to unsafe conditions which may cause serious injuries. Property owners are responsible for keeping residents, guests and customers safe by enacting safety measures such as secure locks, security cameras, monitored entrances and exits, and establishing access control protocols. Preventing unauthorized access to the building through the use of non-duplicatable keys or security monitoring helps limit who can enter the building. When building owners fail to take the necessary precautions to secure their building, they can be held liable if injuries or a crime occurs on their property.
Can I Claim Damages in a Premises Liability Suit?
When property owners are negligent, California law allows for compensation to those injured or families of those wrongfully killed in an accident. Victims have a right to seek compensation for damages such as medical expenses, pain and suffering, lost wages, diminished earning capacity, personal property loss, loss of enjoyment and emotional stress. If the case involves egregious neglect, victims can also seek punitive damages. After seeking medical attention, speaking with an experienced premises liability attorney is imperative to help you navigate the complexities of your case and guide you through the process of filing a claim.
Bakersfield Premises Liability Attorneys
If you or a loved one has been injured by the negligence of a property owner in California, contact a Bakersfield premises liability attorney to review your case. Our team of personal injury lawyers at Rodriguez & Associates has successfully represented victims of premises liability cases, including shared fault cases, advocating for clients to obtain full compensation. Contact us today to discuss your case and obtain justice for your injuries.