When you’re on someone else’s property, whether it’s a business owner or a private property owner, you expect the conditions of that property to be safe. If they aren’t and you suffer an injury as a result, you might be able to recover the costs of that injury through a premises liability claim.
The Sacramento premises liability lawyers at Berg Injury Lawyers have years of experience helping clients in these cases. Reach out to us today for a free consultation and let us guide you through the legal process while you focus on your recovery.
What Is Premises Liability?
Premises liability points to the legal obligation of property owners to ensure safe conditions on their property. If someone is injured due to the property being unsafe, the injured party may have a valid premises liability claim.
Here are some of the most common examples of premises liability claims:
- Slip-and-Fall Accidents: These are among the most common premises liability cases, occurring when an individual slips, trips, or falls as a result of a hazardous condition on someone else’s property. Property owners are responsible not only for keeping their premises safe but also warning of any known dangers, such as slippery floors.
- Inadequate or Negligent Security: This involves situations where the failure to provide adequate security measures leads to an individual being assaulted or hurt on the premises. Property owners, particularly of commercial properties like malls, hotels, and apartment buildings, have a duty to implement reasonable measures like security gates and adequate lighting to protect visitors from foreseeable crimes. If a lack of such security leads to a crime that causes harm, the property owner can be held liable.
- Dog Bites: In cases of dog bites, the owner of the dog can be held strictly liable if their dog bites or attacks someone, even if it’s the first time the dog has shown aggression. Liability can depend on whether the owner took reasonable steps to prevent the dog from biting and to warn others about the dog.
- Swimming Pool Injuries: Swimming pool injuries can occur from various situations, including slips and falls, diving accidents, and drowning. Property owners with swimming pools must maintain them and provide adequate warnings of potential hazards. They may also need to secure the pool area to prevent unsupervised access by children, as pools are known as an “attractive nuisance” in legal terms.
- Toxic Exposure: Individuals may be exposed to harmful chemicals or substances while on someone else’s property, leading to illnesses or injuries. This can include exposure to asbestos, lead-based paint, mold, or toxic fumes from industrial chemicals.
- Elevator and Escalator Accidents: These accidents involve injuries sustained from malfunctions or improper maintenance of elevators and escalators. Property owners and maintenance companies can be held liable for injuries if negligence in upkeep or safety standards is proven.
- Fire-Related Injuries: Injuries resulting from fires on someone’s property can lead to premises liability cases, especially if the fire was due to the owner’s negligence, such as failing to adhere to fire safety regulations or not providing adequate fire escapes.
- Amusement Park Accidents: These cases involve injuries sustained from rides, attractions, or other incidents within amusement parks. Liability may arise from operator error, mechanical failure, or the park’s failure to maintain a safe environment.
In some cases, establishing fault in a property accident can be complicated. It requires proof that the property owner knew or should have known about the hazardous condition and failed to take suitable action to address it. Evidence such as maintenance records, surveillance footage, witness accounts, and expert opinions may be considered in determining liability.
Common Injuries in Premises Liability Claims
As you can see, premises liability includes many different scenarios. That’s one reason why premises liability can involve so many injury types, including:
- Fractures: Broken bones often resulting from slips, falls, or impacts
- Traumatic Brain Injuries (TBI): Brain damage from blows to the head, leading to various cognitive, physical, and emotional symptoms
- Spinal Cord Injuries: Damage to the spinal cord, potentially causing paralysis or loss of sensation
- Cuts and Lacerations: Skin wounds caused by sharp objects or surfaces
- Puncture Wounds: Deep wounds caused by objects piercing the skin, such as dog bites
- Chemical Burns: Skin or eye damage from exposure to hazardous chemicals
- Burns (Thermal Burns): Skin damage from exposure to fire, steam, hot liquids, or other heat sources
- Drowning/Near-Drowning Injuries: Lack of oxygen leading to brain damage and other health issues
- Scarring and Disfigurement: Permanent damage to the skin’s appearance, often requiring surgery
- Knee and Shoulder Injuries: Damage to joints or ligaments, including tears and dislocations
- Amputations: The loss of a limb or digit, either during the accident or as a medical necessity afterward
- Electrical Burns: Injuries caused by electric current passing through the body
- Smoke Inhalation: Respiratory damage from inhaling hot or toxic smoke
- Whiplash: Neck injury due to sudden movement, often seen in amusement park accidents
- Psychological Trauma: Emotional and mental health issues, including PTSD, resulting from traumatic incidents
These injuries can be costly, painful, and, in some cases, fatal. If you need help after suffering serious injuries on another’s property, you need an advocate who will fight for your rights to compensation.
Our Sacramento Premises Liability Lawyers Can Help
When dealing with premises liability cases, having experienced attorneys by your side can make all the difference in seeking justice for your injuries. At Berg Injury Lawyers, our team of Sacramento premises liability lawyers is dedicated to helping injured clients with all aspects of the legal process. And if you don’t win, you pay nothing. We call that our No Fee Guarantee®.
Premises liability attorneys specialize in handling cases where individuals have been injured on another person’s property due to negligence or unsafe conditions. Whether you slipped and fell in a grocery store or were injured in a poorly maintained building, our attorneys have the knowledge and expertise to build a strong case on your behalf.
When filing a premises liability claim, it’s important to understand the damages that may be available to you. Depending on your case, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other losses. Our Sacramento personal injury attorneys will thoroughly evaluate your situation, gather evidence, and work diligently to maximize your potential recovery.
Contact us today for a free consultation.