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Home Carlsbad Personal Injury Premises Liability FAQs

Carlsbad Premises Liability FAQs

What are the responsibilities of property owners in California?

Do I have a legitimate premises liability claim?

How soon should I file my premises liability claim?

What are the most common types of premises liability cases?

What are the exceptions to premises liability?

I was assaulted in a commercial property. Can I sue the property owner?

What should I do after experiencing an accident on someone else’s property?


Have you experienced an injury accident on someone else’s property? You may have a valid claim or lawsuit against them. For answers to your questions about your premises liability case in southern California‚ call the Carlsbad personal injury lawyers at the Jurewitz Law Group today at (760) 585-4640. We offer free‚ comprehensive consultations.

Q: What are the responsibilities of property owners in California?

A: California state law requires that every property owner‚ whether a person‚ a corporation‚ or a government entity‚ keep their property in a reasonably safe condition. This means checking the premises regularly for hazardous conditions and addressing them in a timely fashion when they are discovered.

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Q: Do I have a legitimate premises liability claim?

A: If you have been injured on another’s property and can establish the following three factors‚ you may have a viable claim against the owner:

  • The property owner knew or should have known of the dangerous condition‚ should have realized that it had the potential to cause harm‚ and should have supposed that another person would not discover or realize the danger until it is too late;
  • The owner did not make reasonable attempts to address and resolve the hazards‚ or to properly warn others of the condition and the risk involved; and
  • You could not reasonably have known of the condition and the danger it presented.

Consult with a lawyer to discuss your case and options.

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Q: How soon should I file my premises liability claim?

A: The sooner‚ the better. It is absolutely critical to start an investigation of the case and gather evidence of the property owner’s negligence and liability before vital evidence fades or is lost with time along with witnesses’ memories.

Additionally‚ there is the statute of limitations to consider. Every kind of claim has a deadline. If you miss the window for filing your claim‚ you will lose the right to pursue damages altogether. This is why you should not waste any time and talk to a reliable attorney about your case as soon as you can.

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Q: What are the most common types of premises liability cases?

A: Our law firm frequently encounters clients with slip‚ trip‚ and fall claims‚ believe it or not. It may seem counterintuitive to suppose that a simple fall could lead to significant injuries‚ but many‚ many people suffer debilitating injuries or worse every year due to slip‚ trip‚ and fall accidents. Conditions that often contribute to such incidents include:

  • Debris on the floor
  • Broken/missing railings
  • Unsafe staircases
  • Lack of adequate lighting
  • Slippery floors without proper warning signage
  • Uncovered holes and exposed wires

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Q: What are the exceptions to premises liability?

A: When a trespasser enters a premise without the property owner’s knowledge‚ the owner is not liable for any harm that befalls the trespasser. However‚ the owner may be obligated to exercise ordinary care if s/he is aware of the trespasser (for instance‚ children who sneak onto the owner’s property to use his/her swimming pool).

Another major exception to premises liability is centered upon the “open and obvious” doctrine. If a dangerous condition is so obvious that it constitutes its own warning‚ then visitors are solely responsible for avoiding it.

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Q: I was assaulted in a commercial property. Can I sue the property owner?

A: Whether a landlord‚ manager‚ property owner‚ or lessee may be found either partially or fully at fault for criminal events that transpire on his/her premises depends on a large variety of factors‚ such as history of criminal activity‚ the involvement of an employee‚ and other circumstances that would prove that the owner had prior knowledge of the potential for crimes to occur.

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Q: What should I do after experiencing an accident on someone else’s property?

A: First‚ file a report with the property owner or manager and then obtain a copy of that report. If able‚ take photos of the scene where the accident occurred and collect contact information from witnesses. Of course‚ get medical treatment for your injuries and make sure the treating physician makes a medical report. Last but not least‚ avoid signing any documents or accepting any settlements before consulting with a trusted attorney first.

The experienced Carlsbad slip and fall attorneys at the Jurewitz Law Group have a long and successful track record handling these types of cases. Please let us help you recover your losses so you can move on with your life. Contact our office today.

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