If you’ve been injured due to an unsafe condition on someone’s property, you may be entitled to compensation. California has a “premises liability” law which holds property owners liable if they fail to keep their guests reasonably safe. This means the property owner may be responsible for paying for your injuries.
To pursue a premises liability claim in the Inland Empire, get the help of Gavel Law Firm. We are a personal injury firm that knows these claims from the inside out, as we have prior experience in the insurance industry. With this unique insight, we have helped Riverside residents maximize their injury claims and get full compensation.
Get a free consultation with our premises liability attorney. Call Gavel Law Firm at (951) 289-0202.
What is Premises Liability? Definition and Examples
In legal terms, premises liability is the responsibility of a property owner to reasonably maintain the safety of guests, customers, or workers within their premises. The property owner must repair hazards on their property or sufficiently warn visitors about those hazards. If the owner fails this responsibility, they could be held responsible for resulting injuries.
A classic example is spilled water on the floor of a restaurant. The management must ensure that the floor is mopped dry or that there’s signage around the spill to prevent customers from slipping.
Other examples of premises liability situations include:
- Cracked or broken pavement that leads to tripping accidents
- Icy driveway that causes visitors to slip
- Unfenced swimming pool where children could fall
- Cluttered store aisle causing patrons to trip
- Shoddy stairs that lead to falling accidents
- Unmaintained deck that collapses
- Faulty wiring that causes electrocution or fires
- Poorly maintained equipment leading to injuries
- Negligent animal handling that leads to dog bites
- Inadequate security that allows assault incidents.
If you were injured in any of the above scenarios or something similar, you may file a claim against the property owner on grounds of premises liability. Note, however, that you could be facing the owner’s insurance company, which is likely experienced in minimizing claims like yours. Let Gavel Law Firm help you protect your rights and fight for the compensation you deserve.
Riverside Premises Liability Frequently Asked Questions
Who pays for my injuries if I was hurt on someone’s property?
If your injury was caused by a hazard or a dangerous feature on someone’s property, the property owner may be liable to pay for your injuries. Note that the term “property owner” doesn’t just mean the legal owner of the property. It can also include the person or business that has control of the property, such as the tenant of a rental or the company that leases a commercial space.
What must the injured party prove to win a premises liability case?
For a successful premises liability case, the injured party must prove these four elements of premises liability:
- Duty of care. The property owner must have had the obligation to keep you safe on their premises. This obligation applies if you were a guest, customer, or worker, but not if you were trespassing into the property.
- Negligence. The property owner knew or should have known about the dangerous condition in their premises, but failed to repair it or failed to warn you about it.
- Injury. You were injured and suffered other related damages such as medical bills, missed work days, pain and suffering, or the like.
- Causation. Your injury was a direct result of the unsafe condition on the property in question.
Proving these elements can be challenging, especially if you are up against an insurance company that’s experienced in disputing claims. For instance, they could argue that there was no hazard on the premises and that you got injured from your own actions. It’s crucial for you to have a competent premises liability lawyer on your side to effectively assert your claim.
What is the difference between premises liability and negligence?
These two terms are related, as premises liability is a type of negligence. In general, negligence means a certain party had a “duty of care” towards others but failed to uphold this duty, resulting in injuries.
What is the statute of limitations (time limit) for premises liability in California?
The statute of limitations for premises liability lawsuits in California is two years from the date of injury. This means you have two years to sue the negligent property owner. Note that certain factors can shorten or lengthen this time limit. For example, if you’re trying to sue a government entity, you must start filing within six months. To avoid missing deadlines, it’s best to consult an injury attorney as soon as possible.
How common are premises liability claims in California?
Numerous premises liability incidents occur in California each year. Slip-and-fall accidents, for instance, account for hundreds of thousands of hospitalizations annually in the state. Here are some statistics from the California Department of Public Health:
- In 2021, about 743,173 falls resulted in emergency room visits in California.
- 142,739 falls resulted in hospitalizations that year.
- There were also 2,827 deaths from falling accidents in California.
Remember that falls are just one type of injury under the umbrella of premises liability. Other incidents such as animal attacks, equipment malfunction, and assault at an establishment may entitle you to a premises liability claim.
What injuries qualify for a premises liability claim in Riverside?
A wide range of injuries may be eligible for a premises liability claim, including:
- Sprains and strains
- Cuts and scrapes
- Fractures/broken bones
- Animal bites
- Joint injuries (wrist, ankles, or the like)
- Injuries to the neck, shoulder, or back
- Spinal cord injuries
- Paralysis
- Traumatic brain injuries (TBI)
- Death (if your loved one died in the incident).
In what places does premises liability apply?
Premises liability applies to private and public properties, meaning you may seek compensation whether the owner is a private person or a government entity. These are some common places with premises liability:
- Private homes
- Apartments and condos
- Hotels and B&Bs
- Stores, shopping centers, and malls
- Restaurants
- Parking lots
- Walkways and driveways
- Gyms and fitness centers
- Bars, pubs, and nightclubs
- Amusement parks
- Public parks
- Playgrounds
- Swimming pools.
How much can I receive in a Riverside premises liability claim?
According to a report by the Insurance Information Institute, the 2018 average award in premises liability cases in the US was $803,003. About 17 percent of all premises liability claims that year resulted in awards of $1 million or more.
However, these figures are not indicative of what you can expect in your specific claim. Premises liability settlements and verdicts vary widely because each case is a unique combination of facts and factors.
To learn the value of your particular claim, have it evaluated by an attorney. At Gavel Law Firm, we thoroughly examine your case to determine the full extent of your losses and maximize your case value.
What should I do if I get injured on someone’s property?
The first thing you need to do if you get injured at someone’s premises is to seek medical attention. Some slip-and-fall injuries don’t show signs right away but later turn out to be serious. Immediate medical care can be crucial to your well-being. In addition, going to the doctor right away may help indicate that you have a serious claim for compensation.
As early as you can, gather evidence that can help your claim. Take photos or videos of the hazard on the property. Keep all medical records, prescriptions, travel stubs, and various related receipts.
Before you speak with the other party or their insurance representative, enlist a premises liability attorney. Having a lawyer early on can help you avoid costly mistakes such as uttering damaging statements. Your attorney’s guidance should also help you determine your legal course of action to get compensated.
Contact a Riverside Premises Liability Lawyer from Gavel Law Firm
With an in-depth background in the insurance industry, Gavel Law Firm is uniquely positioned to help injured Californians fight for their compensation. Our lead attorney Bryan A. Mason is experienced in premises liability claims and strategic in facing insurers. With his legal skills and our team’s tireless work, we have won favorable outcomes for many residents of the Inland Empire.
Your consultation with Gavel Law Firm is free, and we won’t charge any lawyer fees until we obtain compensation for you. Call us now at (951) 289-0202.
