Property owners are legally obligated to take steps to keep the people on their properties safe. Premises Liability Laws are in place to insure that property owners or occupiers maintain reasonably safe conditions for visitors and residents and to insure that property owners regularly inspect their buildings to make certain that they are safe for visitors, tenants and guests. Property owners can be held financially accountable for accidents and injuries occurring on their property. While not all accidents result in valid injury claims, some do and anyone who has suffered an injury on someone else's property should look into their legal rights and options. Property owners or tenants are not responsible for every accident that occurs on their premises, but financial compensation may be available if the injury was caused by some negligent act of the owner or if they allowed for conditions to exist that were unsafe or hazardous. The laws apply not only to private homeowners and commercial facilities, but to government agencies and facilities as well.
Examples of Dangerous Premises
The types of premises liability issues are numerous and varied. Property owners must take reasonable care to clear hazards off their property and walkways, maintain adequate lighting and to warn visitors about dangerous conditions such as broken stairs, slippery spills, uneven floors or broken railings. Injuries can include lacerations from broken glass, burns from fires or explosions or injuries sustained by being hit by a falling object. Dangerous conditions can also exist if proper security or adequate lighting is not provided thus resulting in visitor being mugged or assaulted.
Determining liability in a premises liability claim can be complicated. In order to establish liability, it must be shown that the owner or proprietor had actual knowledge of the dangerous condition. In general, property owners cannot be held liable if they were not aware of the dangerous conditions. However, premises liability laws require property owners to regularly inspect their buildings, and property owners who do not comply with this law can be held accountable for this failure. The property owner also has a responsibility to repair the damage when discovered. Property owners must also post signs and use other types of warning devices such as brightly colored cones or tapes to warn of dangerous conditions that have yet to be fixed. Temporary lighting must also be erected when conditions warrant that extra lighting is necessary for safety.
California has a comparative negligence law. This means that the court decides what percentage of blame is shared by all those who could be liable for your serious personal injuries or for a family member’s wrongful death. If an unsafe condition on a property is clearly visible it is the responsibility of the visitor to observe it and respond accordingly. Accordingly, property owners do not have to warn visitors of hazardous conditions that are so obvious that any reasonable person would observe the condition as potentially dangerous. . It is also important to note, that if an injury occurred because of one's own fault or negligence, the property owner may be liable to a lesser extent.
Steps to take after an Accident
If you have been injured on someone else's property there are several steps you should take to insure your rights are protected.
There are statutes of limitation (deadlines) by which you must file your lawsuit. If you miss the deadline, then you are giving up your rights to ever file a premises liability lawsuit for the damages or losses you suffered.
The sooner you contact Pirrone and Pirrone, the better it is for your case. We will investigate the facts of the case, determining who is responsible for your premises liability injuries.
Pirrone and Pirrone handles all types of premises liability cases that take place in the Bay Area. We can address accidents that occurred in restaurants, parking garages, apartment buildings, malls, gas stations, grocery stores, department stores and other locations where a landowner, occupier or manager has allowed a dangerous condition on their property to cause an injury.
Pirrone & Pirrone can assist you in obtaining the best possible compensation for your injuries. We completely understand the complexity of Premises Liability accidents and the legalities required for proper and fair compensation.
The next step is to discuss your accident and evaluate your injuries so we can determine your future legal needs. We can prepare your case in a way that insurance companies understand and accept. We will help you to fully document all aspects of your case including your injuries and the circumstances of your accident.
Do not delay. Call or e-mail us today, so we can start resolving your case quickly and efficiently.
Toll Free 24 hours a day:
Pirrone & Pirrone, LLP
503 Seaport Court, Suite 105
Redwood City, CA 94063
(650) 299-9959 (fax)
(800) 509-2703 Toll Free 24/7