San Diego Premises Liability Lawyers
The experienced San Diego premises liability lawyers at Bisnar Chase will fight for your rights and ensure that you are fairly and fully compensated for your significant losses.
Injured victims can seek compensation for damages including medical expenses, lost wages, hospitalization, rehabilitation, pain and suffering and emotional distress.
If you or a loved one has been injured due to someone else's negligence or wrongdoing, please contact us for a free, comprehensive and confidential personal injury consultation.
The Responsibility of All Property Owners
If a property is open to the public, it must contain reasonably safe conditions. When there are hazardous conditions on the property, it is the responsibility of the property owner or the manager to fix the problem or post warning signs around the problem. Failing to prevent injury accidents is a form of negligence that can prove costly.
All property owners are legally required to provide reasonably safe conditions for visitors, residents, workers and clients. All properties must be reasonably safe, secure and free from the threat of injury. When a property is not properly maintained or when warnings are not placed around hazardous areas, serious injury accidents can occur. If you have been hurt because of dangerous condition on someone else's property, it may be in your best interest to learn about your legal rights and options.
Common Accident Causes
If you are walking on a dry, flat surface and you trip over your own shoelaces, it is not reasonable to expect the property owner to pay you for your injuries. If, however, you are injured by falling on a wet floor where there were no warning signs posted, then, you may have a premises liability claim.
Some dangerous conditions that can lead to an injury or even death include:
Wet or slippery floors: It is reasonable for property owners to want to keep their floors clean, but leaving the floor wet after mopping is extremely dangerous. Signs must be posted around wet floors until they are dry. Additionally, property management must clean up spills within a reasonable amount of time to prevent slip-and-fall accidents.
Toxic or chemical exposure: Many dangerous chemical spills can cause harm when touched or inhaled. It is the legal requirement of all property owners to keep chemicals properly stored. It is also expected of all owners to ensure that materials are used, handled, transported and cleaned up properly.
Inadequate security: When a building or area is known to have a history of criminal activity, it is the responsibility of the property owner to provide adequate security. This may include hiring security guards or installing fences, gates and security cameras. Failing to act accordingly is an act of negligence.
Broken stairs: Falling down a flight of stairs can result in catastrophic or fatal injuries. Property owners must repair broken steps quickly and signs must be posted around dangerous areas that have not been fixed.
Dangerous elevators: When an elevator is poorly repaired or maintained, it may not stop or open level with the floor. This can pose a serious tripping hazard. Property owners must regularly have their elevators inspected and repaired.
If You Have Suffered an Injury
If you have suffered an injury on someone else's property, take a moment to determine the extent of your injuries and call for help. You may want to call the authorities to receive emergency medical treatment. You should also notify the property manager and file an injury report. Make sure you request a copy of the report and inform all parties that you intend on seeking out medical attention. Seeing a doctor will document your injuries and increase your chances of having a full recovery. You may also want to contact an experienced San Diego premises liability lawyer if you have required treatment and care for your injuries.
Premises Liability Claims
A premises liability claim is a civil lawsuit that injured victims can file against a property owner and/or manager. Simply suffering an injury on someone else's property is not enough to make a valid claim. The injured victim will have to prove that:
- The owner failed to keep the property safe. The owner has control over the safety of the premises and the visitor does not. Therefore, if the owner does not fix a dangerous location, he or she is responsible for whatever accidents happen there.
- He or she was using the property normally. If the victim was injured while acting in an unauthorized and dangerous manner, the property owner is not responsible for the injuries suffered.
- The property owner should have known of the dangerous conditions. If a spill occurred moments before the accident occurred, it is not reasonable to expect the property owner to have fixed the problem in time.
- The victim suffered an injury. If you have been hurt in a San Diego premises liability accident, financial support may be available for all of your physical, emotional and financial losses.
Protecting Your Legal Rights
Premise liability cases can be complex and you may need the help of an experienced and agressive premises liability lawyer in San Diego. Call our office for a free evaluation to see if you are entitled to compensation. If you cannot come to our office, we can arrange to come to you.