San Diego Premises Liability Attorneys
Representing Clients in Premises Liability Cases throughout Southern California
Have you been injured as a result of unsafe conditions on another’s property? You may be able to recover compensation for the medical bills, lost time at work, and other losses related to the accident. But remember, the longer you wait to take legal action, the lower your chances of building a strong case. Contact the Jurewitz Law Group immediately to learn about your rights and options. We can help you make an informed decision about your well being and future.
Call (619) 233-5020 or (888) 233-5020 for a no-cost case evaluation. If we agree to represent your case, we promise to handle your claim free of charge until we have reached a settlement or judgment. That’s our No Fee Guarantee.
If you were injured on someone else's property, you have the right to hold them liable for your serious injuries.
The moment you enter a business, a home, a facility, or any other place that is considered another party's domain or property, the owner of the property is implicitly acknowledging an agreement with you, the visitor or patron, that the premises is safe. In other words, any and all hazards should be cleared or at least pointed out in an obvious manner so you don't experience an accident and get hurt. If the property owner fails to adhere to this agreement, and his or her negligent maintenance of the premises leads to an accident that adversely affects you, he or she can be held liable for all related damages.
For many years, the San Diego personal injury attorneys at the Jurewitz Law Group have provided quality legal representation to clients with premises liability lawsuits. With our nuanced understanding of California's premises liability laws and extensive experience working these types of claim cases, we have established a reputation for success. If you have any questions regarding your premises liability lawsuit, please call us today at (888) 233-5020 for a free consultation.
Types of Premises Liability
There are several different ways for someone to get injured on another’s property. This means there are numerous kinds of accidents that may constitute a claim for premises liability, including:
Slip or Trip and Falls: The most common type of premises liability claim is for slip or trip and falls. These can occur anywhere, from residential and commercial properties to city streets and sidewalks. People may slip and fall due to slippery or wet floor conditions, flawed design, poor lighting, insufficient maintenance of the property, being struck by unsecured fixtures, tripping over exposed wires or other protruding objects in a passageway, or uneven pavement. If any of these hazards contributed to a slip or trip and fall that resulted in serious injury, the property owner may be held responsible.
Dog Bites: Though they might be considered man’s best friend, many dogs have the potential to be dangerous and inflict harm. Dogs can cause severe injuries when they suddenly become aggressive and attack. Oftentimes, the owner will be found liable for damages in cases where a dog bite occurred and it can be proven that the victim was lawfully on the premises. In California, there are strict liability laws in place when it comes to dog bites even if there is no history of aggression, making it difficult for an owner to defend a claim unless there is evidence of provocation or trespassing.
Staircase Falls: Falling down stairs can lead to many kinds of serious injuries. If the victim was on someone else’s property at the time, the safety of the staircase should be called into question. Stairs must meet a certain building code standard, and if they are found to be defective, there is a good chance it’s a case of premises liability. There are a number of factors that can make a staircase unsafe, such as slippery surfaces, projecting leading edges, inconsistent risers and treads, broken or unsecured handrails, limited distance between landings, and deficient lighting.
Elevator and Escalator Falls: Elevators and escalators are an important part of the design for many buildings. They are necessary for getting from floor to floor without having to climb several sets of stairs. Unfortunately, there are times when an elevator or escalator might malfunction and cause someone to get injured. Elevator accidents can happen when there is a mechanical breakdown, the carriage misaligns with the floor, the doors are defective, there is a problem with the pulley system, or there is faulty wiring. Escalator accidents can take place when there is a sudden stop or start, there are missing or defective steps, or there is a poorly designed handrail.
Broken Sidewalk: Injuries that happen because of a broken sidewalk can be a little more complex depending on who is actually responsible for keeping that sidewalk in good condition. If a residential or commercial property is adjacent to a sidewalk, the owner is generally obligated to maintain it. In some specific situations, the city may be responsible for the repair of sidewalks that have been broken. A lawyer will be able to help determine the potential for compensation and who is liable.
Swimming Pool Accidents: When a swimming pool accident occurs, a property owner can be held accountable if there were unsafe conditions, negligent supervision, or lack of maintenance. Though drowning is the main concern in a swimming pool environment, other accidents can happen as well, including spinal cord injuries, chemical burns, and damage from slip and falls. Pools should have the proper barriers in place to block off entry to children, correct signage to warn of swimming hazards, and drains that are safe and legal.
Do I Have a Valid Premises Liability Case in San Diego?
California premises liability laws hold property owners to a reasonable standard of care that may include adequate upkeep of the premises, employment of competent security and staff, and proper lighting, amongst many other safety factors. The following circumstances must be present in order for premises liability laws to apply:
- The defendant retains ownership of the land or "premises."
- The plaintiff must have been an invitee or a licensee.
- The accident must have occurred due to negligence on the part of the defendant.
- California law requires that property owners keep children safe on their premises, whether they belong there or not.
Property owners are also expected to maintain public sidewalks in front of their premises. They must clear any potential hazards that may pose risk of accident to anyone who passes by on a sidewalk or on a public street.
What's the Difference Between Invitees, Licensees, and Trespassers?
Invitees are people who are allowed on the premises to conduct business with the owner. Shoppers are the most obvious example of this. All invitees are owed the highest duty of care.
A licensee is a person who is invited onto the premises of the owner's property for non-commercial purposes. A friend or other social guest would be considered a licensee.
Although trespassers are owed the lowest duty of care, they are still given some rights. While they do not have to be warned about any naturally occurring hazards, such as thorny bushes, they must be informed of dangerous, man-made hazards, that is, if the property owner is even aware of their trespassing while it is occurring.
What are the Common Conditions in San Diego Premises Liability Cases?
A premises liability claim case can be based upon a variety of conditions. The most common conditions include, but are not limited to, the following:
- Slippery or wet conditions
- Lack of adequate security measures
- Toxic exposure
- Poorly maintained stairways and elevators
- Dangerous animals
An accident may result in all kinds of injuries, including broken bones, traumatic brain injury, spinal cord injury, internal organ damage, illness, and more.
Compassionate Legal Representation
At the Jurewitz Law Group, our exceptional San Diego slip and fall lawyers will go above and beyond to ensure that you are at ease and up-to-date on your case from start to finish. Let us take care of the complex details of your case while you and your family focus on rebuilding your life. Contact us at (619) 233-5020 or (888) 233-5020 today.
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- July 6, 2018
- Stadium Premises Liability in San Diego
- September 20, 2016
- Who Is Responsible for a Slip, Trip, or Fall on a San Marcos Sidewalk?
- May 30, 2016
- Thousands of Tripping Hazards Found on San Diego Sidewalks
- September 22, 2014
- Controversy Continues Over San Diego’s Cracked Sidewalks
- February 11, 2014
Premises Liability Case Results
- Awarded: Confidential Six Figure Settlement - San Diego Child Killed by Gangmember Due to Negligent Security at San Diego Apartment Complex
- Awarded: $337,500 - Dangerous Condition at San Diego Apartment Complex Leads Crush Injury to Child's Foot
DISCLAIMER: Please be aware that the case results described above are not intended to be representative of usual results and not every result is typical or expected of every case. Every case is different and case values turn on small facts and differences. Please contact our office to discuss your case and the range of reasonable case values for your personal injury case.
TERMS: By viewing and reading the case values on this website, you are agreeing not to disseminate and distribute the case results described herein. The Jurewitz Law Group retains any and all rights with respect to the use and enforcement of copywrite and trademark violations with respect to any use which violated state or federal law.
Call the Jurewitz Law Group at (619) 233-5020 and begin your path to recovery with a no-cost consultation today.