Premises Liability Attorneys in Fresno

Fighting For Premises Liability Victims in California

Injury claims that involve premises liability laws, or the legal responsibility of property owners to protect others from injuries occurring on their premises, can be quite complex. Under both state and federal laws, property owners have an obligation to maintain their land and buildings to a certain standard of care. Establishing neglect in a lawsuit requires the guidance of our skilled and knowledgeable Fresno premises liability attorneys.

Call Fowler | Helsel | Vogt today at (559) 900-1280 or contact us online to schedule a consultation with our Fresno premises liability lawyers.

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Common Causes of Premises Liability

Some common causes of accidents that fall under premises liability laws include:

• Slip and Fall Accidents: These occur when a person slips, trips, or falls on a slippery or uneven surface, such as a wet floor, icy sidewalk, uneven pavement, or debris-strewn walkway.
• Trip and Fall Accidents: Similar to slip and fall accidents, trip and fall accidents occur when a person trips over an obstacle or hazard, such as uneven flooring, loose carpeting, or protruding objects.
• Inadequate Maintenance: Cases involving inadequate maintenance occur when a property owner fails to properly maintain the premises, leading to dangerous conditions such as broken stairs, crumbling pavement, or malfunctioning handrails.
• Negligent Security: Property owners have a duty to provide adequate security to prevent foreseeable criminal acts on their premises. Negligent security cases may arise when inadequate security measures lead to assaults, robberies, or other crimes. This requires property owners to implement features such as adequate lighting, surveillance systems, and proper locking mechanisms to ensure the safety of visitors.
• Dog Bites: Property owners may be held liable for dog bite injuries if they were aware of a dog's aggressive tendencies or if the dog was not properly restrained or controlled on the property. California follows strict liability laws for dog owners, meaning that owners are often held responsible even if they did not know of the dog's aggressive nature.
• Swimming Pool Accidents: Property owners with swimming pools have a duty to maintain safe conditions and comply with safety regulations. Swimming pool accidents may occur due to inadequate fencing, lack of supervision, or malfunctioning equipment. Pool owners are often required to have proper barriers and safety features to prevent accidental drownings and injuries.
• Elevator and Escalator Accidents: These accidents can occur due to mechanical failures, improper maintenance, or defects in elevator or escalator systems, leading to injuries such as falls or entrapment. Regular inspections and maintenance can prevent many accidents and ensure that machinery is up to code.
• Falling Objects: Cases involving falling objects occur when objects such as merchandise, equipment, or construction materials are improperly stored or secured, leading to injuries when they fall and strike a person. Proper storage and display protocols are critical in preventing these types of accidents.
• Exposure to Hazardous Substances: Property owners may be liable for injuries caused by exposure to hazardous substances such as toxic chemicals, mold, lead paint, or asbestos if they failed to warn visitors or take appropriate measures to mitigate the risk. Compliance with environmental and safety regulations is vital to prevent exposure.
• Fire Hazards: Property owners have a duty to maintain safe conditions and comply with fire safety regulations. Cases involving fire hazards may arise from inadequate fire suppression systems, blocked exits, or failure to provide adequate fire safety equipment. Regular fire drills and the presence of extinguishers are essential preventive measures.
• Construction Site Accidents: Construction sites pose numerous hazards to workers and visitors alike. Accidents on construction sites can result from falls from heights, scaffolding collapses, machinery malfunctions, electrocution, falling debris, and other construction-related dangers. Liability may fall on property owners, general contractors, subcontractors, or equipment manufacturers depending on the circumstances. Clear signage and safety protocols can significantly reduce incidents.
• Amusement Park Accidents: Amusement parks are responsible for ensuring the safety of their attractions and premises. Accidents at amusement parks can occur due to ride malfunctions, inadequate maintenance, operator error, or insufficient safety measures, leading to injuries such as falls, collisions, or ejections from rides. Regular ride inspections and staff training are critical in minimizing risks.
• Negligent Supervision: Property owners, particularly those operating facilities catering to children such as daycare centers, schools, or playgrounds, have a duty to provide adequate supervision to prevent foreseeable accidents and injuries. Negligent supervision cases may arise when inadequate supervision leads to injuries such as falls, fights, or accidents. Training staff and setting clear policies for supervision can help prevent such scenarios.
• Retail Store Accidents: Retail stores have a duty to maintain safe conditions for customers and employees. Accidents in retail stores can occur due to spills, cluttered aisles, falling merchandise, malfunctioning equipment, or inadequate lighting. Routine checks and maintenance can help in avoiding these accidents.
• Parking Lot Accidents: Property owners are responsible for maintaining safe conditions in parking lots and garages. Accidents in parking lots can result from hazards such as potholes, inadequate lighting, negligent driving, or criminal activity such as assaults or robberies. Proper lighting and security patrols are effective measures to enhance safety in these areas.

Common Injuries in Premises Liability Claims

Common injuries may include:

• Electric shock
• Burns
• Neck and spinal cord injuries
• Traumatic brain injuries (TBIs)
• Concussions
• Scarring
• Disfigurement
• Serious bruising
• Dislocated joints
• Broken bones
• Nerve damage
• Wounds or infections
• Lacerations

How to Show Negligence

If you were injured by another's negligence, it is important you seek medical treatment as soon as possible. This can help your claim in a few ways:

1. It shows the seriousness and existence of your injury.
2. It shows that this was not a pre-existing illness.
3. It eliminates the possibility that the severity of your illness could be blamed on not seeking medical treatment.

California Premises Liability Laws

Premises liability laws in California govern the legal responsibilities of property owners and occupiers to ensure the safety of individuals who enter their premises. These laws are designed to protect visitors, customers, tenants, and others from harm caused by dangerous conditions on the property.

To succeed in a premises liability claim, the plaintiff (the injured party) typically needs to establish several key elements. These elements form the basis for proving that the property owner or occupier was negligent and therefore liable for the injuries sustained.

Here are the elements generally required to succeed in a premises liability claim in California:

1. Duty of Care: Property owners and occupiers owe a duty of care to ensure that their premises are reasonably safe for visitors. This duty extends to both invitees (those who are invited onto the property for business purposes) and licensees (social guests or others with permission to be on the property). In some cases, even trespassers may be owed a duty of care under certain circumstances, such as if the property owner is aware of their presence. Property owners must conduct regular inspections and address potential safety hazards promptly.
2. Types of Visitors:
   • Invitees: These are individuals who enter the property for business purposes, such as customers in a store. Property owners owe invitees the highest duty of care and must take reasonable steps to ensure their safety.
   • Licensees: These are individuals who enter the property with permission but for non-business purposes, such as social guests. Property owners have a duty to warn licensees of known dangers that may not be obvious.
   • Trespassers: While property owners generally owe a lower duty of care to trespassers, they still must refrain from intentionally causing harm or setting traps. In some situations, particularly in cases involving children, property owners may be required to take reasonable precautions if they know that children are likely to trespass.
3. Breach of Duty: The plaintiff must show that the property owner breached their duty of care by failing to maintain the premises in a reasonably safe condition or failing to warn of known hazards. This could include hazards such as slippery floors, uneven walkways, inadequate lighting, or other dangerous conditions. Proper and frequent maintenance records can often be critical evidence in these cases.
4. Causation: The plaintiff must establish a direct link between the property owner's breach of duty and the injuries suffered. They must demonstrate that the hazardous condition on the property directly caused their injury. Expert testimony can often be vital in establishing this link, detailing how the breach led to the specific injury.
5. Notice: The plaintiff may need to prove that the property owner knew or should have known about the hazardous condition that caused the injury. This can involve showing that the property owner had actual knowledge of the condition or that the condition existed for a sufficient period that the owner should have discovered it through reasonable inspections. Witness statements and video surveillance can be crucial evidence here.
6. Foreseeability: The plaintiff may need to demonstrate that the injury was foreseeable, meaning that a reasonable person would have anticipated the risk of harm under similar circumstances. This can be important in cases where the property owner claims they could not have reasonably foreseen the danger. Expert analyses may determine what a 'reasonable' property owner would have done under similar circumstances.
7. Damages: Finally, the plaintiff must prove that they suffered actual damages as a result of the injury, such as medical expenses, lost wages, pain and suffering, or other losses. Documenting all medical visits, treatments, and ongoing expenses is crucial for claiming these damages fully.

California follows a comparative fault system, which means that the plaintiff's own negligence may reduce the amount of compensation they can recover. If the injured party is found partially responsible for their own injury, their compensation may be reduced proportionally.

The Importance of Homeowner Responsibility in Maintaining Safety

Visitors to residential properties expect a safe environment, yet injuries can occur if homeowners neglect their legal duty to maintain safety. Under California law, homeowners must keep their properties "reasonably safe" for visitors by conducting regular inspections, promptly addressing hazards, and providing warnings about potential dangers. If they fail in this duty, homeowners may be liable for injuries, typically through a claim on their homeowner's insurance. Homeowners can help prevent accidents by:

• Ensuring adequate lighting in walkways and entryways to prevent trips and falls
• Securing loose rugs and exposed cords that could pose tripping hazards
• Restraining pets or providing clear warnings about their temperament to visitors
• Supervising children and maintaining fencing around pools to prevent drowning incidents

Injuries on residential properties can have lasting impacts. Seeking legal help enables victims to secure resources needed for recovery and stability, often through a homeowner's insurance claim. 

When to Hire a Premises Liability Attorney in Fresno

Do you need to hire a premises liability lawyer to manage your injury claim? You do not. You are allowed to work on your claim alone and represent yourself as it progresses. However, as with any legally and technically complicated situation, relying on a professional to manage the details and key points is highly encouraged.

There are many ways an attorney can help your claim, but three specific ways you will probably want are:

• Evidence Collection and Use: Proving that the property owner caused your injury can be a steep evidential hill to climb. Even if the hazard that hurt you was “open and obvious,” the defendant could try to argue that it was so open and obvious that you should have known to avoid it. To prove their liability and lower your own, tangible evidence like medical reports, witness testimonies, and photographs are crucial. An attorney knows how to find all available evidence and utilize it in a way that enhances your claim. Additionally, they can work with experts to testify on your behalf about the conditions of the property and the extent of your injuries.
• Insurance Evaluator Negotiations: Once your claim is filed, the responding insurance company will probably want to offer a settlement amount to conclude it before details go public. How can you be certain that the settlement is fair compared to your current and future damages? One way to negotiate carefully for the right amount is by letting a premises liability lawyer manage the negotiations for you. Our attorneys have decades of collective experience dealing with insurance companies, so we know all of their tactics before we even start your claim. Their familiarity with the tactics often used by insurers can prevent lowball offers and unnecessary delays.
• Litigation Representation: If settlement negotiations fail because the defendant will not offer anything close to a fair amount, then your case will need to go to court. Allowing a premises liability attorney to represent you takes all the stress of courtroom procedures and litigation off your shoulders. Hiring a local attorney also means you will be represented by a professional who is familiar with courts, judges, and jurors in your area. A bit of familiarity can build plenty of empathy in a claim, which might tip the outcome in your favor. They can craft compelling arguments and use strategic questioning to highlight the property owner's negligence.

Frequently Asked Questions About Premises Liability

What Should I Do Immediately After a Premises Liability Accident?

After a premises liability accident, the first step is to ensure your safety and seek medical attention, even if your injuries initially seem minor. Prompt medical treatment can help document your injuries and connect them to the accident, which is crucial for any potential claim. Second, evidence from the scene should be gathered if possible. This includes taking photographs of the hazard, collecting contact information from witnesses, and obtaining any incident reports if they are available. Documentation at this stage can make a significant difference later. It is also wise to notify the property owner or manager of the accident immediately and request that they provide you with a written report. Lastly, consider consulting a premises liability attorney in Fresno to discuss your options and understand the potential for compensation. Legal guidance can help you navigate this challenging situation effectively, ensuring your rights are protected.

How Can I Prove a Property Owner's Negligence in a Premises Liability Claim?

Proving a property owner's negligence in a premises liability claim involves several critical steps. First, you must establish that the property owner owed you a duty of care, which varies based on your reason for being on the property. Like customers in a store, invitees are owed the highest duty of care. Next, you need to demonstrate that the owner breached this duty by failing to maintain safe premises, including not fixing known hazards or warning visitors of potential dangers. Evidence such as maintenance records, eyewitness accounts, and expert testimonies can be pivotal in establishing this breach. Additionally, you must show causation: this negligence directly caused the injuries you sustained and resulted in damages such as medical bills or lost wages. Detailed documentation of your injuries and their impact on your life supports your claim for damages. Consulting with an experienced premises liability attorney can help navigate these intricate requirements effectively.

What Impact Does the Statute of Limitations Have on Premises Liability Claims in California?

The statute of limitations is a critical factor in premises liability claims in California, dictating the time frame within which a claim must be filed. Typically, injured parties have two years from the date of the incident to initiate legal proceedings. However, this time frame can be affected by several factors, such as the injured party's age or whether the injury was discovered immediately. Failing to file within this period generally results in losing the right to sue for damages. Victims must act promptly and gather as much evidence as possible to support their claim. Consulting with a legal professional early in the process can prevent costly delays and ensure all filing deadlines are met. This proactive approach preserves the victim's legal rights and enhances the possibility of securing the compensation they deserve.

Contact Our Fresno Premises Liability Attorney Today

If you or a loved one has been injured because of dangerous conditions on someone else’s property, don’t wait to seek legal help. At Fowler | Helsel | Vogt, we are committed to helping victims of premises liability recover the compensation they deserve. Whether your case involves a slip and fall, negligent security, or another type of property-related accident, we’re here to guide you every step of the way. Contact us today for a free consultation with our Fresno premises liability lawyer. We’ll review your case, answer your questions, and help you understand your legal options.

Call Fowler | Helsel | Vogt Today at (559) 900-1280 to request your free case evaluation with our premises liability lawyers in Fresno.