Newport Beach Premises Liability Attorneys
When you are on somebody else’s property, the owner has a duty of care to make sure you are safe. But if you suffer an injury because of an owner’s negligence, you might be able to file a lawsuit. Contact the Newport Beach premises liability lawyers for expert help now.
From failing to clean up a liquid spill in a grocery store to putting off fixing a broken step in an apartment building; there are plenty of examples of property owners and managers failing to properly protect visitors.
That is where premises liability attorneys come in. Our personal injury lawyers in Newport Beach are here to provide expert guidance to victims. We are proud of our 96% success rate and have won more than $500 million for our clients.
- What is premises liability?
- California premise liability laws
- Types of premise liability accidents
- Where can premise accidents happen?
- What evidence do you need?
- Common premise liability hazards
- Premise liability compensation
- Premises liability FAQs
- Case studies and premises payouts
- Hiring the best attorney for your premise liability case
What is Premises Liability?
Premises liability is a term of law that refers to personal injury cases occurring on someone else’s property.
Owners and managers are responsible for making sure their properties are safe and free from hazards. If they leave unsafe conditions that they knew about, or should have known about, then it could constitute negligence.
When a visitor is hurt because a property owner has failed to fix a hazard, this is a case of premise liability and the victim can file a lawsuit with the help of a Newport Beach premises liability lawyer.
California Premise Liability Laws
Who is at fault for an accident, and when do premise liability rules apply?
Premise liability fault can apply to anyone who bears responsibility for the maintenance, upkeep, and safety of a location. This might include:
- Individuals who own or manage a commercial location
- Maintenance firms
- Companies (example: Target, Walmart)
- A government entity which owns or maintains an area
These parties might be sued in a premise liability lawsuit if a person was injured due to their negligence. However, it is important to remember that an injury alone does not indicate negligence.
According to premise liability laws in California, a property owner or manager will be liable if:
- They knew about the issue or fault and failed to act
- They should have reasonably known about the issue
For instance, if an apartment building owner knew about a broken stairway but put off fixing it, they would be deemed negligent if someone is injured on the stairs and files a lawsuit.
Bisnar Chase client Rosemary Bausback discusses her premise liability case.
Types of Premise Liability Accidents
There are many different forms of injury accidents that fall under the umbrella of premises liability.
The following list shows examples of premise liability claims, but it is not exhaustive. If you are not sure if you should file a lawsuit, contact the premise liability attorneys of Bisnar Chase for guidance.
Slip and fall accidents
When a person slips and is injured while falling, and the slip was a result of negligence, they may have a slip and fall premises liability case.
Example: A grocery store customer slips on a spillage in one of the aisles and suffers an injury. If the store was aware of the spillage before the injury and had time to react without doing so, the owner and manager of the store could be held liable.
Dog bites and attacks
Premises liability can apply to a dog bite case if the bite occurs on the property of the dog owner.
Example: You are invited into the home of your neighbor, and their dog bites your arm, leaving puncture wounds. Premises liability could apply, as the owner should have taken reasonable action to safeguard their guest from a dog attack.
Trip and fall injuries
Trips are largely similar to slip and fall cases, involving victims tripping and suffering an injury due to their fall.
Example: A person walks into an apartment building and trips on a broken flooring tile, suffering a broken elbow in the fall. The owner of the building would be at fault for failing to fix the problem. A manager or maintenance boss for the building might share liability.
Swimming pool accidents
All manner of accidents can happen at a swimming pool, from drowning to slip injuries. Liability will depend on the safety measures taken at the pool.
Example: A person slips on the slick surface around a pool and hits their head. Premises liability might apply if the pool did not have appropriate safety warnings, or did not have the necessary personnel to ensure the safety of pool-goers.
An electrocution injury can cause serious damage to victims. The cause of an electrocution incident will determine liability.
Example: A worker is electrocuted by an exposed wire at their office, which had previously been reported but not fixed. The business or the building operators (or both) would be liable due to their failure to provide a safe environment. They could face a premises liability lawsuit.
Elevator and escalator accidents
Elevators and escalators are essential components in many large buildings but can be deadly if they malfunction. Escalator and elevator injuries and deaths can result in premises liability lawsuits against building owners and managers.
Example: A shopper suffers catastrophic injuries after using an escalator at a shopping mall and falling through an insecure grate into the mechanical gears. It is the job of the building owner to ensure the location is safe and properly maintained, and they would face premise liability legal action.
Assault and battery injuries
Assault and battery cases can leave victims with severe injuries. But the liability for an assault incident will depend on where it happened.
Example: A person is injured in an unprovoked attack at a bar. There may be a premises liability case against the venue if owners were negligent in their responsibility to provide adequate security staff and bouncers to keep customers safe.
Fires and burn injuries
A fire can be devastating, tearing through buildings, causing irreparable damage, and putting anyone nearby in danger.
Example: A fire breaks out in a warehouse, spreading quickly because the building owner has ignored warnings over lawful fire safety practices. The owner also does not keep a fire extinguisher on site. There would be a clear case of premise liability in the event of an injury or death due to the building owner’s failure to ensure proper safety measures are in place.
These are just a few examples of potential accidents that could lead to lawsuits. If you believe you might have a case, contact the Newport Beach premises liability attorneys at Bisnar Chase to find out more about your options in a free consultation.
Premises Liability Locations
The main requirement in a premise liability lawsuit is that the accident occurred on property owned or managed by another person or party. It is the owner’s responsibility to make sure their property is safe for visitors.
Just some of the locations linked with premises liability cases include:
- Shopping malls
- Grocery stores
- Office buildings
- Amusement parks
- Private or city-run parks and playgrounds
- Private homes
- Apartment buildings
- Casino or hotels
- Nightclubs and bars
If you are injured in such a location, our personal injury attorneys can work with you to make sure you receive the compensation you deserve.
Premises Liability: What Evidence Do You Need?
When a person is harmed, the onus is on the victim to file a lawsuit and prove that the defendant is responsible for the injuries suffered.
The main points which must be proven are:
- That the named defendant owns, manages, rents, or lives at the property.
- That the defendant was negligent in their duty of care. This means proving that they were aware of the issue – or should reasonably have been aware – and failed to act.
- That the victim was on the property lawfully.
- That an injury was suffered.
To prove these points and build a case, victims can work with experienced premises liability lawyers in Newport Beach to maximize their chances of success. We handle injury claims and wrongful death lawsuits.
Some of the evidence that can be assembled to prove your case includes paperwork displaying ownership, medical records showing injuries, pictures, video footage, eyewitness testimonies, letters, emails or paperwork proving that an owner was aware of an issue, and more.
Common Premise Liability Hazards
Countless hazards can cause premise liability injuries in Newport Beach. Some of the most common dangers seen by our personal injury lawyers include:
- Spilled liquids
- Broken flooring tiles
- Cracked pavement or sidewalk
- Broken equipment
- Loose carpet
- Underfoot debris
- Faulty electrical work
- Malfunctioning or poorly maintained machinery
If you have any questions over the legal process, call the Newport Beach premises liability lawyers at Bisnar Chase for a full case review with no obligations and no charge.
Premises Liability Compensation
How much money are you likely to receive in compensation if we win your case?
Whenever an accident lawsuit is filed, the amount of compensation a victim could receive will depend on the circumstances of that specific case. No two lawsuits are the same.
There are two ways in which a victim could secure compensation; through an out-of-court settlement or a trial verdict. Many settlements are negotiated with the at-fault party’s insurance company.
The factors influencing the compensation amount will include:
- The severity of the victim’s injuries
- Lost wages through work missed
- Medical costs and expenses
- Lost ability to work in their chosen profession (long-term)
- Pain and suffering
- Ongoing rehabilitation costs
- Emotional distress
Trust your specialist attorney to secure the greatest amount of premises liability compensation possible for your case.
Premises Liability FAQs
If you have queries about premises liability in California, refer to our frequently asked questions below. If your question is not answered, or you have a query about a specific scenario related to your case, don’t hesitate to contact Bisnar Chase for more information.
Find out whether you have a case by contacting a premise liability attorney. At Bisnar Chase, our legal experts have dealt with countless cases. They will assess your accident and let you know if you can file a lawsuit with a strong chance of success.
Hiring an attorney after a premise liability accident is the best way to ensure that you win the compensation you deserve. Fighting a case on your own is extremely difficult. Our lawyers are experts when it comes to investigating accidents, building cases, negotiating settlements and winning in court.
It is always best to hire a premises liability law firm with a team of experienced trial attorneys. Some firms only handle out-of-court resolutions. But Bisnar Chase will take on even the largest companies in court to make sure victims are properly compensated if a fair settlement cannot be agreed upon.
It costs nothing to hire Bisnar Chase for a premise liability case. We work on contingency with a ‘No Win, No Fee’ guarantee. This means that there are no out-of-pocket costs for our clients. If we do not win your case, you will not owe us a penny.
Premise Liability Cases and Payouts
There have been some major multi-million-dollar premises liability cases in California and across the U.S.
Case: Rowe vs. San Mateo County, Pacific Gas & Electric Co. – $47.5 million
Zachary Rowe, 12, was severely injured when a tree fell on him while he was camping with his parents. The family was staying at a county-run campsite when the accident happened in 2012. A rotting 72-foot tree fell on the boy’s tent while he was sleeping. Zachary lost his leg and part of his pelvis, and spent 6 months in hospital. The family sued the county, its tree maintenance contractor, and a power company that runs power lines through the area. They received a total of $47.5 million. (Pic: smdailyjournal.com)
Case: Ritzmann vs. Miller Mart - $12.2 million
A woman slipped outside a gas station convenience store and hit her head, causing severe injuries. The victim, Annette Ritzmann, slipped in a puddle of water at the entrance of the Virginia store, caused by an overhead awning leak. Ritzmann hit her head and suffered post-concussion syndrome and later seizures. She lost the ability to multitask and eventually received a $12.2 million slip and fall payout.
Case: Zhou vs. San Francisco - $15.7 million
A woman suffered catastrophic crush injuries in a public park after a 100-pound tree branch dropped onto her in a horrific accident. Emma Zhou was watching her children play in Washington Square Park, San Francisco, when the accident happened. The branch severed the victim’s spinal cord and fractured her skull. A lawsuit was launched against the city, blaming the parks department for negligent maintenance. An out-of-court settlement of about $15 million was agreed. (Pic: sfchronicle.com)
Bisnar Chase has also won millions of dollars for injured victims in premises liability cases. Our top results include:
➤ $10,030,000: Young child suffered burns after drinking liquid laundry detergent left out at a nursing home facility in Tustin.
➤ $8,250,000: Victim struck by falling branch due to state inspection failures.
➤ $2,815,958: A wall that did not meet construction standards fell onto the victim, causing serious injury.
We have a track record of success. Trust the Newport Beach premises liability lawyers of Bisnar Chase to win your case.
Hiring the Best Premises Liability Attorneys in Newport Beach, California
If you have been injured on someone else’s property, Bisnar Chase can help. We have a team of tough attorneys who will fight for the rights of victims and have won countless premise liability cases.
Bisnar Chase has been operating in Southern California since 1978 and has a 96% success rate. Our firm has won more than $500 million for injury claim victims.
Our law offices are based in Newport Beach and we take pride in helping people in our community. We also help victims throughout Orange County, including those in Santa Ana, Irvine, Huntington Beach, Long Beach, and further afield.
Take advantage of our ‘No Win, No Fee’ guarantee and get superior representation in your case.
Bisnar Chase Personal Injury Attorneys
1301 Dove St., #120
Newport Beach, CA 92660