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.
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:
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:
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:
There are different injuries that the victim may suffer due to the property owner's negligence. Here are some:
If the premises liability case is established, some potential damages that victims may be eligible to recover include but are not limited to:
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:
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:
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.
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.\n\nAlso, 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.\n\nBut, 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.\n\nThe 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.\n\nThe 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.\nThe 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.\nThe 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.\nThe 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.
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.
Request Your Free