The California premises liability lawyer at Bisnar Chase have been helping people get their lives back after being injured due to a premises liability accident or a negligent security injury.
For over 46 years, our lawyers, paralegals, mediators, negotiators, and highly skilled and experienced staff have represented and won cases, bringing in over $850 million for our clients.
Bisnar Chase has established a 99% success rate and strives daily to make the world a better and safer place. We have been holding those accountable for their wrongdoing and negligence, bringing justice, resources, and compensation to those in need, and restoring the lives of thousands.
Whether you are pursuing a claim against an individual, corporation, or governmental entity, it is important that you have an experienced California premises liability lawyer on your side who knows and understands the law and who will fight tirelessly for your legal rights and best interests.
Our trial attorneys at Bisnar Chase have a long and successful track record of handling these types of cases and helping seriously injured clients secure maximum compensation for their significant losses.
Our attorneys are not afraid to go up against the largest corporations in the world, and as long as you have Bisnar Chase representing you, neither should you.
In May 2019, we successfully took on a drug rehabilitation facility that was found guilty of negligence by a jury, and our client was awarded $11M dollars. The defense’s original offer was under $500k. Our trial lawyers put forth a fantastic set of facts leading to this massive jury verdict.
California Premises Liability Lawyer
What is Premises Liability
Premises liability refers to the responsibility of property owners to provide reasonably safe conditions for visitors, workers and residents. Under premises liability law, California property owners can be held financially accountable for accidents and injuries that occur on their premises.
Not all accidents result in valid injury claims, but anyone who has suffered an injury on someone else’s property would be well advised to look into their legal rights and options. Financial compensation may be available for their considerable losses. Call our California premises liability lawyers for a free case evaluation. Call 800-561-4887.
California Premises Liability Law
Under California law, a proprietor, or commercial landlord, owes patrons a duty to exercise reasonable care to keep the premises safe. For example, property owners must regularly inspect their buildings and ensure they are safe for visitors, tenants, and guests.
All California proprietors must act with the same care as other reasonably prudent persons under the same circumstances. In other words, property owners are not responsible for every accident on their premises. Still, they can be held accountable for an accident resulting from their failure to provide reasonably safe conditions.
What is the time limit to file a premises liability lawsuit in California?
In the state of California, the statute of limitations for filing a premises liability lawsuit is two years from the date of the incident. The injured individual must file their lawsuit within two years of the incident, or they will not be able to pursue legal action.
There are a few exceptions to this rule, however, such as if the injury was not discovered right away or if the defendant is a minor. In these cases, the statute of limitations may be tolled, or suspended, until the condition that caused the tolling has ceased.
What is premises liability insurance?
Premises liability insurance is a type of business insurance that protects business owners from claims related to third-party injuries and damage on the property of their business. This includes accidents, slips and falls, fires, criminal acts, and other incidents that may cause injury or damage.
It is important for business owners to have coverage in case someone is injured or property is damaged due to their negligence or a hazardous condition on the property. This type of insurance can cover the cost of medical bills, legal fees, and damages awarded to the injured party.
What is designated premises liability?
Designated-premises liability insurance is usually included as part of a commercial general liability policy and provides bodily injury coverage. It is important for business owners to understand the specifics of their designated-premises liability insurance policy to ensure they are adequately covered.
Who can be sued for premises liability?
In California, anyone who owns, leases, occupies or controls a premise can be sued for a liability lawsuit. This includes property owners, tenants, business owners, and property managers.
The person or entity responsible for maintaining the premises may also be held liable. In cases where the property owner has no legal control over the premises, the person or entity who has control may be held responsible for any injuries or damages caused by the premises.
In addition, the manufacturer or distributor of any product that caused your injury may be named a defendant in a lawsuit. Some examples would be a business providing a service that injured you or a product that directly injured you and the distributor/manufacturer was negligent. Ultimately, anyone with a legal duty to maintain the premises in a safe condition can be held liable for any injuries or damages resulting from their negligence.
Examples of Dangerous Premises
The types of premises liability cases are numerous and varied. Due to insufficient security, visitors run the risk of suffering severe injuries from falling down broken stairs, slipping on wet surfaces, drowning in a pool, burning in a fire or explosion, lacerations from broken glass, dog bites, injuries from a roof cave-in, and assaults or muggings.
Dangerous conditions can exist in any open space or building. Devastating incidents commonly occur at shopping malls, grocery stores, government buildings, commercial facilities, theaters, apartments, and even private homes. If you have been injured on someone else’s property, please get in touch with our premises liability attorneys in California for a free case evaluation and to determine if you have a viable case.
Depending on where you are, when and under what circumstances, premises liability conditions can be endless.
Top 5 Premises Liability Accidents in California
- Slip and Falls: – Slip and falls can happen anywhere, at any time. Around the pool, there is a hallway, a kitchen, and even a walkway.
- Negligent Security: The lack or poor management of security can result in chaotic and hazardous situations spiraling out of control. Poorly lit areas and a lack of security cameras or security guards offer an opportunity for violence to occur, leading to potentially catastrophic results.
- Pool Accidents: Pools, spas, and open water areas can be deadly, especially with young children and those unable to swim. There is a huge number of drownings across the country and the entire world, many of which could be prevented if fencing and gating, proper parental supervision, and other safety measures were established and maintained.
- Dog Bites: Dogs can never be understood or read, meaning whether a dog has a history of violent behavior or none. You can never know if a dog can suddenly express violent behavior, possibly resulting in severe injury or death. Receiving the proper medical attention, care, and treatments for dog bites is essential.
- Poor or Negligent Maintenance – Ensure establishments are kept up and cleaned.
Determining Liability in Premises Cases
The key factor in establishing liability for a premises liability issue is determining if the proprietor had actual knowledge of the dangerous condition. In general, property owners cannot be held liable if they are not aware of the dangerous conditions.
There is, however, a significant exception to that rule. Property owners who do not properly inspect their buildings can be held accountable for failing to comply with their duty to inspect or properly maintain their properties.
This can be done by showing that the hazardous location was not inspected within a reasonable amount of time. These cases are complicated because victims have to do more than prove that they were injured. Property owners cannot be expected to prevent visitors from tripping on their shoelaces.
Property owners should post slippery floor signs when a walkway has just been cleaned. They must also mop up spills, repair damaged steps, and put up caution cones, tapes, and signs when dangerous conditions cannot be immediately fixed.
Comparative Negligence
A tort rule for allocating damages when both parties are at least somewhat at fault. If an unsafe condition on a property is clearly visible and avoidable, it is the visitor’s responsibility to observe it and respond accordingly.
Furthermore, property owners do not have to ‘warn visitors’ of hazardous conditions so obvious that any reasonable person would observe the condition as potentially dangerous. In such cases, the concept of ‘comparative negligence‘ may apply.
This is when the victim’s fault is compared to the percentage of the defendant’s fault. The number of damages recoverable by the victim will be reduced to his or her responsibility for the accident. If you have questions on whether you are somewhat at fault, please get in touch with our California premises liability lawyers for a free case evaluation.
Negligent Security on a Premise
When we invest our precious time and hard-earned dollars into amusement parks, sports arenas, concert venues, and other miscellaneous recreational activities, we expect top-quality service, security, and peace of mind.
Some accidents are unavoidable. However, it is the responsibility of the premises to hire enough help to keep events and the area safe overall.
For example, a recent victim of negligent security, Bryan Stow, pressed charges, with his family, against the Dodgers and former owner Frank McCourt stating that if the facility had enough security and lighting in the Dodgers stadium parking lot, he wouldn’t have sustained the injuries he did when Stow was beaten up in the Dodger’s parking lot after a playoff game.
A jury ruled in favor of Stow’s family with a jury verdict of $18 million to compensate for his brain injuries, and other pain and suffering sustained that night because of the baseball team’s lack of security that night. Former owner Frank McCourt was not held liable.
Many instances of negligent security happen so often throughout the country on a daily basis, especially with the tension and angst that currently exist in our society. Some places where you can potentially become a victim of negligent security include:
- Shopping Centers
- Hotels
- Schools
- Parking Garages
- Apartments
- College Dorms
- Night Clubs/Bars
- Concert Venues/Outdoor Festivals
If your injury could have been prevented or reduced with adequate security, it is best to seek legal counsel as soon as possible to see if you can be compensated for the pain and injury you sustained.
If you are trying to prove the premises and their security were at fault, ask yourself the following questions:
- Did the premises have adequate surveillance and security cameras?
- Was the area of your incident well-lit and had good lighting overall?
- Were security measures (locks, fences, barriers, etc.) in place at the time and location of your incident?
- Did the venue/company perform detailed background checks on the hired security personnel?
- Was security personnel properly trained before the accident?
- Was the premises adequately staffed to accommodate the number of visitors present during your encounter?
Suppose you answered “no” to any or all of these questions. In that case, you have a case of negligent security on your hands, and we advise you to contact one of our California premises liability lawyers now to discuss your rights as a victim and to see if the circumstances of your accident qualify you for compensation.
Injuries Suffered in Premises Liability Cases
Premises liability accidents can result in a wide range of injuries, depending on the circumstances of the accident and the hazards present on the property. Some common types of injuries sustained in premises-related liability accidents include:
1. Slip and fall injuries:
Fractures (e.g., broken bones)
- Sprains and strains
- Soft tissue injuries (e.g., bruises, contusions)
- Head injuries (e.g., concussions, traumatic brain injuries)
- Back and spinal cord injuries
2. Trip and fall injuries:
- Similar to slip and fall injuries, including fractures, sprains, strains, and head injuries
3. Injuries from falling objects:
- Head injuries
- Neck injuries
- Traumatic brain injuries
- Fractures
4. Elevator and escalator injuries:
- Crush injuries
- Traumatic amputations
- Fractures
- Soft tissue injuries
5. Swimming pool accidents:
- Drowning and near-drowning injuries
- Head injuries
- Spinal cord injuries
- Fractures
6. Dog bites and animal attacks:
- Lacerations and puncture wounds
- Infections
- Scarring and disfigurement
- Emotional trauma
7. Electrical injuries:
- Burns
- Cardiac arrest
- Neurological damage
- Muscle and tissue damage
8. Fires and explosions:
- Burns
- Smoke inhalation injuries
- Traumatic injuries from blasts or debris
9. Toxic exposure:
- Chemical burns
- Respiratory injuries
- Neurological damage
- Organ damage
10. Assaults and criminal acts:
- Physical injuries (e.g., bruises, fractures, lacerations)
- Psychological trauma
- Sexual assault injuries
It’s important to note that the severity of these injuries can vary widely, from minor cuts and bruises to life-altering or fatal injuries. Premises liability law holds property owners accountable for maintaining safe conditions and preventing foreseeable hazards that could lead to these types of injuries.
Financial support may be available for these injuries and damages if the victim can prove that the property owner’s negligence or manager contributed to the accident. Call a California premises liability lawyer for a free consultation at Bisnar Chase. Call 800-561-4887.
What to do After a California Premises Accident
If you have been injured on someone else’s property, there are several steps you can take to ensure that your legal rights are protected:
- Ensure you file a report with the property owner or manager and obtain a copy. Filing such a report not only documents the incident but also helps pinpoint the date, time, and manner in which the injury occurred.
- Take photos of the scene where the incident occurred. For example, take at least cell phone images with a date and time stamp if you trip on a broken stair. Such dangerous conditions may be repaired right away, and you may lose a valuable piece of evidence.
- Obtain contact information for anyone who may have witnessed the incident. When another person corroborates your account of the incident, it helps bolster your case.
- Do not accept a settlement or sign documents before talking to an experienced California premises liability lawyer. Doing so may jeopardize your claim. When you accept a settlement agreement, your case will be closed, and you cannot claim any future expenses related to your injuries.
Immediately call a California premises liability lawyer at Bisnar Chase to see if you are entitled to financial compensation.
Contact a California Premises Liability Lawyer
Our California premises liability lawyers have over 46 years of experience, determination, skill, and ability to take on and win complex cases. Other law firms have turned down many of the cases we have signed and won because of their complexity, lack of resources, and inability to manage, fight, and win the case sufficiently.
Call us for a free consultation if you have been injured due to negligent maintenance or premise liability. For immediate help with a premises liability case, please call 800-561-4887.
