All property owners have a duty to keep visitors, workers, and tenants safe on their premises. When they breach that duty, accidents can occur and result in injuries. This can result in life-changing health and financial issues for the victim. The high cost of medical bills and an inability to earn money can cause an accident victim to experience a significant financial burden.
Fortunately, if you’re an accident victim, you don’t need to bear the responsibility of all those bills. If you work with a Fresno premises liability attorney, you may be able to move on with your life and make a full recovery. The attorneys at the Grossman Law Offices know the challenges that you face getting full compensation for your case. We’ll aggressively represent you and fight for your rights.
The Basics of Premises Liability
Premises liability accidents can occur when individuals or entities fail to keep their premises safe for others. Thanks to the California premises liability laws, the victim of an accident can sue the negligent party for damages. The lawsuit can be against a commercial landlord, business owner, or even a homeowner.
Not all accidents can be resolved with a personal injury claim, however. It’s only an option if certain requirements are met. Specifically, negligence must be the cause of the accident, and the defendant’s failure to keep the grounds safe must have directly caused the accident that caused you harm.
For example, a property owner has the duty of inspecting their buildings on a regular basis. But one business owner might skip that inspection. As a result, a patron could slip and fall over a loose railing. Had the owner performed an inspection, they would have known about the damage and could have prevented the accident.
Who is Liable?
If you want to sue a property owner or custodian for their failure to maintain a safe premise, you need to prove liability, but this isn’t always easy. It’s not enough to demonstrate that there was a dangerous condition on the premises. You also need to prove that the owner or renter knew about the danger and didn’t take appropriate measures to correct the hazard or at least warn visitors of the danger.
There is an exception, however. Proprietors who don’t inspect their buildings according to the law may still be held liable by a civil court.
Common Examples of Premises Liability in Fresno
In Fresno, there are several common types of premises liability accidents. Here are some of the most common situations that result in premise liability claims.
Slip and Fall Accidents
A slip and fall accident is one of the most common types of premise liability accidents. Unfortunately, they can also be among the most dangerous. Because they usually involve injuries, slip and falls account for between 12% and 15% of worker’s compensation costs.
These accidents don’t always happen in the workplace, however. They can occur in someone’s home, a grocery store, or a restaurant.
A lack of security can lead to a specific sort of hazard. For, instance, failing to have security guards in a parking lot or garage near a dangerous neighborhood could encourage violent criminals to prey on visitors. If you’re the victim of a crime and the owner knew that previous crimes had occurred, but failed to do anything to improve security, they may be liable for your accident.
Although dog bites can occur anywhere, they are particularly common in Fresno. In 2017, there were 974 dog bites in the city. The number has been on the rise for years. Unfortunately, dog bite injuries can be quite severe, and this type of accident can be difficult to handle from a legal standpoint. Few inexperienced attorneys understand the legal responsibilities of dog owners. Furthermore, every state has its own laws regarding dog bites, so you need an attorney who knows California and Fresno County dog laws.
In Fresno, many people go to pools to cool off on a warm day. But pools can be dangerous places. If there isn’t proper fencing, the right supervision, and other precautions, accidents are likely to occur. The owner of the pool could be responsible for an accident or a wrongful death.
Lack of Maintenance
Keeping a business or home well-maintained isn’t only about the appearance. It’s also about safety. By failing to keep their property in good condition, the owner puts others at risk.
Receiving Damages for Your Accident
To obtain compensation for your accident, you should work with a Fresno unsafe premises attorney. They can file a lawsuit on your behalf and attempt to get you full and fair compensation for the following:
- Medical bills
- Future medical expenses
- Wages from missed days of work
- Property damage
- Pain and suffering
Severe accidents can lead to wrongful deaths. If a loved one dies in this type of accident, you can file for your own losses. You can receive money for funeral expenses, medical bills, and much more. Nothing can bring a loved one back, but you and your family shouldn’t have to experience the additional pain of financial hardship.
One of the laws that can significantly affect the amount of money you receive for your case. In California, the court follows comparative negligence. If you’re injured and partly to blame for an accident, you can still sue the negligent party.
Because you are partially to blame, however, you will not get the full amount of the damages that you would receive if you had been completely blameness. For instance, If you are 35 percent responsible for the accident, you may only be awarded 65% of the total damages.
Typically, the determination of fault is left in the hands of the court. A judge or jury decides on the proportion of fault, which is why you need to retain the services of a top-tier personal injury attorney.
Why You Need a Premises Liability Attorney
Most accident victims struggle to recover from their premises liability accident. You might not have the time or knowledge needed to make a legal claim for damages. In fact, you might not have time for anything other than working on your recovery. Your doctor appointments, therapies, and other treatments could consume your life.
Your personal injury lawyer can work on getting you compensation while you allow yourself to heal. The Grossman Law Offices works on a contingency basis, which means that there are no out of pocket costs. Contact us today to learn more about the benefits of working with us.