Riverside Premises Liability Lawyers
Contact the Riverside Premises Liability Lawyers at Bisnar Chase can help with personal injury cases that occur as the result of unsafe conditions on another person's property.
Types of premises liability cases include a slip and-fall accident, dog attacks, fires, swimming pool accidents, or assaults that occur due to inadequate security or lighting. These types of dangerous conditions could exist in a range of properties from malls and supermarkets to apartment complexes, sports facilities and government buildings.
The experienced personal injury attorneys at Bisnar Chase have been successfully representing clients in the Southern California area for over 40 years. We have experience handling a variety of claims against individuals, entities, property owners and even large corporations whose negligence caused our clients serious injury or harm.
For more information about pursuing your rights and to set up your Free Consultation, call us now at 951-530-3711.
What Are the Legal Obligations of a Property Owner?
All property owners and managers in Riverside County have a legal obligation to exercise reasonable care to keep their premises safe for visitors, guests and tenants.
Often, liability in such cases is determined based on who has the right to control the property. In other cases, several parties could be held liable. Identifying the negligent or responsible parties in a premises liability case can be a big part of the challenge.
Property owners not only have a duty to keep their premises safe, but also a duty to warn visitors to their property about hazardous conditions that may exist.
For example, if a broken stair presents a tripping hazard, the property owner should make every effort to fix it promptly. In the interim, he or she should put up a visible cautionary sign at the staircase warning people about the dangerous condition there.
Property owners could also be held liable in cases where an unsafe condition caused an injury. If, for example, someone was assaulted in a poorly-lit parking lot or robbed because of inadequate security, the property owner could be held liable for the victim's losses for negligent security.
CGL or commercial general liability insurance often referred to as premise liability insurance is a necessary part of running a business. Not only does it protect the property owner but it allows coverage to pay out for injuries. Premise liability coverage offers property damage and personal injury damage coverage. Just having the premise liability coverage doesn't ensure the owner won't be exposed to lawsuits but it can limit his liability.
How to Prove Fault in a Premise Liability Case
Under premises liability law certain premise liability elements must be proven. A business owner or a property owner can be held liable for injuries that have occurred on their properties. As with any personal injury case, the element of negligence plays a significant part in a premises liability case. A plaintiff must prove several elements in order to receive compensation.
First, the plaintiff must show that the property owner owed a duty to the injured victim to exercise reasonable care in keeping the premises safe and eliminate any hazardous conditions on the premises.
This duty of care could vary depending on the status of the person visiting the property. Also, the plaintiff must show that the property owner and/or manager breached this duty of care that was owed to him or her.
The plaintiff must also prove that the property owner's action or lack of action caused his or her injuries. The injury must have been a direct result of the property owner's negligence.
For example, if a supermarket employee failed to clean up spilled laundry detergent, ice cubes on the floor or water in one of the aisles or failed to warn customers about the spill by putting cones or tape around the spill, then it would be foreseeable that the failure to clean up the spill would cause a customer to slip and fall.
Plaintiffs in premises liability claims are also required to prove that they have suffered damages or losses as a result of the injury. Damages could include medical expenses, lost wages, hospitalization, surgeries, physical therapy expenses, pain and suffering and emotional distress.
Governmental Entities and Premises Liability Claims
Under California law, governmental entities can be held liable in premises liability cases, however, there are strict time limitations to file personal injury claims against governmental agencies.
Under California Government Code Section 911.2, any personal injury or wrongful death claim against a governmental entity must be filed within 180 days or six months after the incident. Governmental agencies do have some immunity against injury claims.
A governmental agency, for example, cannot be held liable for injuries caused by its planning decisions. There is also an exception to government liability for discretionary acts, however, if a government employee acts negligently or with malice, there will be no immunity.
What to Do if You Have Been Injured on Riverside Property
If you have been injured on someone else's property, the first step is to notify property management about the incident. Make sure you obtain a copy of the incident report. It would also be helpful to write down the name and contact information for anyone who witnessed the accident.
If you have your smart-phone with you, take photographs and video of the scene. Show the entire area and photograph the dangerous conditions that led to your injuries. You should also take photos of your injuries and continue taking photographs as you heal. Write down everything you remember about the incident and keep a journal documenting your day-to-day struggles since the incident.
It is also advisable to seek medical attention as soon as possible. Receiving early diagnosis and treatment will increase your chances of having a full recovery. Your medical records can also serve as documentation of the injuries you suffered and the treatment you received.
If You Were Injured on Friend or Relatives Property
Most homeowners do not know that when they purchase a home they also take on the responsibility to make sure others are safe on their property. To establish that you have been injured on a homeowners property you would first need to prove that the homeowner was negligent, the homeowners negligence caused your injuries and that from the accident you have acquired many medical bills.
A Riverside premises liability lawyer will be able to provide you insight on what your claim is worth.
What is Your Riverside, CA Claim Worth?
Although each claim and case is unique, in general, a successful premises liability claim is one that will fairly and fully compensate you, the plaintiff.
Individuals who have suffered a serious injury that required hospitalization, surgery and time away from work will receive a larger settlement than those who were not injured or required minimal medical attention. However, your medical bills are only a fraction of what your claim is worth.
A Riverside premises liability claim could also compensate individuals for other damages and losses such as:
- Lost of Income
- Cost of Rehabilitative Treatment
- Pain and Suffering
- Emotional Distress
In egregious cases, the at-fault party may even have to pay punitive damages. Make sure you understand the potential value of your claim before accepting a settlement. Do not rush into a settlement from insurance companies before you have talked about your case with your attorney.
Get the Justice and Compensation You Deserve
At Bisnar Chase, we represent and stick up for the "little guys." We realize that big government and corporations can be scary and that they protect their interest above else with their lawyers and team. This is why we choose to represent victims of premise liability because they do not have this same legal team or voice in the courtroom.
When you choose Bisnar Chase, you a choosing a law firm that has over 40 years of experience in Riverside and the Inland Empire and will also not stop fighting for you until we deliver you the justice and settlement that you deserve. In addition, we are a contingency based firm which means in the rare case that we lose, you do not pay us. We say "rare" because we have a 96% Success Rate when it comes to our clients.
With so little to lose and so much to gain, why wait any longer to see justice be served?
If you have been injured due to a negligent property owner and/or staff contact a premise liability attorney near you today at 951-530-3711 to set up your Free Case Review.
Bisnar Chase Personal Injury Attorneys
6809 Indiana Ave #148
Riverside, CA 92506