SAN FRANCISCO PREMISES LIABILITY ATTORNEY FOR YOUR PROPERTY LIABILITY CASES
Premises liability cases commonly happen due to the negligence of the property owner. Premises liability accidents can occur anywhere and anytime, so businesses, homeowners, and property owners are required to keep their premises safe for their guests. If any person is injured on the property owner’s premises due to their negligence or failure put any warning for the known hazard, then under premises liability law, the property owner may be liable.
Suppose you were injured on someone else’s property because they failed to maintain safe conditions. In that case, let our San Francisco premises liability attorney at Halavanau Law Office, P.C. take care of your case. Our experienced premises liability attorney is fully prepared to offer you the legal support needed to pursue your premises liability claim.
Our premises liability lawyer is dedicated to holding negligent parties accountable and helping the victims obtain the fair compensation they deserve. Our legal team stops at nothing to make sure victims are fully and fairly compensated so they are in the best position possible to move forward and get the medical treatment they need. Contact our personal injury legal team in San Francisco as soon as possible to see how we can help you.
WHAT ARE THE PREMISES LIABILITY LAWS IN SAN FRANCISCO?
In San Francisco, California, all property owners are bound to follow a legal duty to make sure that their properties or premises are safe for patrons and guests alike. If a person is injured due to the property owner’s negligence, the victim can seek compensatory damages from the at-fault party. In some cases, punitive damages can also be awarded.
Negligence on the part of the property owner is established through the consideration of the following factors:
- Duty: The injured person must prove that the defendant leased or owned the property on which they were injured. If yes, they owed a duty of care to any lawful patrons within the premises.
- Breach of Duty: The injured individual must also prove that the defendant broke the aforesaid duty of care. Failing to fix a damaged staircase on the property shortly after finding out about the defect or failing to warn patrons of a known danger can be considered a breach of duty.
- Causation: It must also be proven that any suffered injuries sustained were directly caused by the property owner’s breach of duty.
- Injury: A victim would not file a premises liability claim if he did not sustain any injuries. If the owner’s negligence is established, damages are usually paid as a result of a settlement or award to compensate for the injuries sustained.
MOST COMMON TYPES OF PREMISES LIABILITY CASES OUR PERSONAL INJURY LAW OFFICE HANDLES
Most premises liability accident cases stem from the negligence of the landowner or property manager. Here are the different types of personal injury cases that fall under premises liability cases:
- Slip and fall accidents
- Elevator malfunction
- Construction accidents
- Industrial accidents
- Negligent security
- Dog bite
- Sidewalk slip and falls
- Inadequate lighting
- And many more
WHAT COMMONLY CAUSES PREMISES LIABILITY INJURIES
Every property owner or landowner has a duty of care towards anyone who is legally on their premises. Their main duty is to keep their property safe to prevent accidents from happening. Furthermore, property owners also have a legal obligation to warn visitors of any looming hazardous situations on their property or within the vicinity. If the court found out that a property owner failed to meet these standards of care, the property owner can be liable for the injuries sustained by a guest while on the landowner’s property.
California premises liability law categorizes visitors in three different categories: invitees, trespassers, and licensees. These eminences come into play when the court evaluates the defendant if they acted reasonably within their legal duty of care depending on the situation.
There are different conditions that may lead to serious premises liability accidents. Some of the common hazards that cause injuries are:
- Poor Lighting: When the person’s sight is slightly impaired, they cannot see clearly where they are going. Hence, it becomes easier for them to become injured. Poorly-lit areas like staircases are dangerous, as some individuals are not too familiar and unaware of sudden drops and ledges.
- Wet Floors: This has to take the largest chunk as the leading cause of slips and fall accidents on other people’s property. Wet floors are unexpected and may occur even outdoors. As soon as the property owner becomes aware of any spill on the floor, they have a legal obligation to clean it up immediately.
- Hazardous Conditions: This is an umbrella term for a wide range of potential issues. These include loose floorboards, animal attacks, a broken staircase, exposed wires, toxic materials, faulty handrails, large holes on footpaths, and many more. Property owners have a duty to warn the individuals who enter their premises of any hazardous conditions with either signage or other methods.
- Falling Objects: This is a common sight area near any construction site. Contractors and property owners should collaborate in making private or public property safe. Construction companies and their vendors have the duty to secure loose items and make sure nothing falls on passers-by. Strong winds can cause items to blow loose, especially on tall buildings and construction sites.
COMMON INJURIES SUSTAINED IN A PREMISES LIABILITY ACCIDENT
There are different injuries that the victim may suffer due to the property owner’s negligence. Here are some:
- Dog Bite Injuries: These injuries may include broken bones, puncture wounds, nerve damage, infections such as rabies, scars, face injuries, emotional damage, and many more.
- Swimming Pool Accident Injuries: These can include neck injuries, broken bones, spinal cord injuries, back injuries, head injuries, wrongful death, etc.
- Slip and Fall Accident Injuries: Any kind of slip and fall is potentially dangerous. It can cause traumatic brain injuries, sprains, broken bones, and other serious injuries.
TYPES OF DAMAGES THAT PREMISES LIABILITY ACCIDENT VICTIMS CAN RECOVER
If the premises liability case is established, some potential damages that victims may be eligible to recover include but are not limited to:
- Lost Wages
- Medical Expenses/ Medical Bills Past and Future
- Pain and Suffering
- Brain Injuries
- Missed Time From Work or School
- Emotional Distress
- Compensation for Damage to Your Personal Property
THINGS YOU SHOULD DO AFTER YOUR PREMISES LIABILITY ACCIDENT
After a premises liability accident, your mind is still coping up with the situation. Here are some necessary steps to take immediately after the accident:
- Get immediate medical attention. Medical treatment must be your priority. You can call 911, and request paramedics to be dispatched to the scene. Get seen right away at a medical facility and provide a detailed description of your personal injury.
- Report the incident to the property owner. Report the incident to the owner without delay. Make sure that any report should be made as soon as possible after the accident happened.
- Hire a premises liability attorney. Our experienced liability lawyer will conduct a thorough investigation of the circumstances surrounding your personal injuries and take the proper steps to strengthen your claim. A liability lawyer will also protect your legal rights and position your liability case for the best outcome.
WHY HIRE HALAVANAU LAW OFFICE, P.C. FOR YOUR PREMISES LIABILITY CLAIM?
Being injured in an accident can leave victims feeling confused, overwhelmed by pain and suffering, and unsure of what to do as they try to recover from their injuries. In some cases, victims are unaware of the legal options available to them. Navigating the complex legal system can be challenging, especially for victims in and out of hospitals and going to therapy for their injuries. Victims of premises liability accidents can benefit greatly by reaching out to a personal injury attorney in San Francisco to get help for their claims.
Our team at Halavanau Law Office offers many services to our clients to ensure they are in the best legal position possible to protect their victim’s rights. We fight on behalf of injured victims throughout the San Francisco Bay Area to ensure they have the strongest case to demonstrate the damages they have endured were caused by the negligence of the landowner or property manager. Our team starts early on by building the most solid case for all of our clients. Some of the tasks we perform for our clients include but are certainly not limited to the following:
- Investigating the scene of the accident
- Gathering strong evidence in support of a victim’s claim
- Gathering documents from doctors, police, financial experts, and medical experts that detail what occurred and what is required moving forward
- Work with experts who can recreate the accident to uncover critical details in support of a victim’s claim
- Aggressively negotiate full and fair settlements to ensure our clients are able to move forward in the best position possible
- Provide trusted and aggressive legal representation at trial whenever necessary
We work diligently to provide trusted, effective, and knowledgeable representation for our clients to ensure they are able to move forward and focus on their lives and their families.
SAN FRANCISCO PREMISES LIABILITY FAQS
The injured claimants should file their premises liability cases within two years of the accident date. Failure to hit this statutory deadline may result in a lawsuit dismissal. Our experienced San Francisco premises liability lawyer can work to assure that the injured party meets the statute of limitations in filing their cases.
Also, the statute of limitations to file a claim against certain defendants can be as short as six months. For example, any claims against the City and County of San Francisco should be filed within six months to preserve your right to file a lawsuit if the claim is denied. The rules pertaining to the deadlines to file can be complicated and it is important to consult an experienced premises liability lawyer to understand specific circumstances of your case to file your claim timely and not to waive your rights. Working with an aggressive and knowledgeable San Francisco premises liability lawyer, such as Halavanau Law Office, will ensure you have the best chances of obtaining justice for your loved one.
In general terms, it is much more difficult for the trespassing individual to gain compensation after a personal injury than someone on the premises legally.
But, there are a few exceptions to this situation, enabling trespassers to successfully sue the property owner for damages. If the property owner is aware of any serious hazards on their property, they have a duty to address these hazards. Also, if the landowner is aware of trespassing individuals and may begin to expect continued trespassing and still does nothing to address these hazards, they may be held liable.
The chances of a trespasser gaining compensation are slim and depend on many factors. These factors include the likelihood of the trespasser coming onto the property, the severity of the injury, and the location of the property. You should consult an experienced attorney to determine whether you have a valid premises liability claim.
Under the state law, San Francisco, the Bay Area, and the rest of the state follow the rule of pure comparative fault. This law entails that even if victims are 99% at fault, they are still able to pursue and recover compensation for damages. However, the court may reduce their compensatory award by the victim’s percentage of fault.
Going into the premises liability lawsuit, the individual should be aware of how the defendant will try to avoid legal consequences. There are several common defenses that defendants use and try to employ in the court. Understanding these defenses gives you legal leverage achieving a more favorable legal outcome.
- The defendant may insist that the hazards on the property are plainly obvious. They might use the legal phrase “open and obvious” when describing the dangerous condition in the query.
- The defendant can also use the “trivial defect defense.” This defense is based on the premise that the injury was due to an extremely minor defect on the property.
- The defendant may try to argue that the injured individual was fully aware of the dangerous condition before going into the property. Some cases like the injured person might have passed clear signage warning them.
- The defendant can also try to insinuate that the plaintiff was misusing the property, and this was the reason for the injury.
Landowners who fail to keep their premises safe should be accountable for their careless actions. This is where a premises liability attorney comes to play. A San Francisco premises liability attorney can pursue the maximum compensation that you deserve on your behalf.
CONTACT A SAN FRANCISCO PREMISES LIABILITY LAWYER AT HALAVANAU LAW OFFICE TODAY
Sustaining injuries in a serious premises liability accident can have a life-altering impact on a person’s life. The mental, emotional, physical, and financial consequences are often far-reaching.
Our San Francisco premises liability attorney at Halavanau Law Office fights to help victims protect their legal rights after suffering injuries in an accident caused by the negligent actions of others. We advocate on behalf of accident victims in San Francisco and throughout the Bay Area to ensure they are able to hold wrongdoers responsible and seek the justice and compensation they deserve.
If you sustained injuries in an accident, including injuries on premises, or your loved one lost their life, due to the negligence or reckless action of another person, contact our top San Francisco personal injury law firm today at (415) 494-8535 to schedule a free, no-obligation case evaluation at your earliest convenience to see what legal options are available for you.