(559) 970-6370
Fresno Premises Liability Lawyer
Serving the Valley for more than 30 years
What is Premises Liability?
Count on our Fresno Premises Liability Attorneys to get the compensation you deserve
In California, property owners are expected to uphold their “duty of care,” implying that they maintain their property with reasonable care so that visitors are safe from physical harm. In the event of a property’s dangerous condition resulting in injury, premises liability insurance covers the property owner’s responsibility for the injured person’s expenses. A premises liability lawyer defends the victim’s right to compensation for these losses, often including medical bills, lost wages, and emotional distress.
Federal Premises Liability Law
While California law allows two years to file personal injury claims for premises liability, this is untrue of government properties, such as a school or post office. If you or a loved one are injured by a government-owned property, such as a national park or form of public transportation, you have six months to file your claim from the date of your accident. Examples of common premises liability claims regarding government building maintenance include falling objects, slips and trips, and elevator or escalator injuries.
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Navigating federal laws can be exhausting and demoralizing, but a premises liability lawyer can ensure you and your family are fairly compensated for your injuries. Don’t let a complicated legal structure prevent you from seeking the maximum payout from the government. Call Valley Injury Attorneys at 559-970-6370 for a free consultation on your premises liability lawsuit.
California Premises Liability Law
Dedicated Premise Liability Lawyer
California law does not define duty of care, and generally advocates that people who have permission to enter a property are protected by an ordinary expectation of safety. Governments, businesses, and homeowners all have levels of liability for paying damages when the condition of their properties is unreasonable and their negligence leads to pain and suffering. Premises liability may be a question of who owns, occupies, or leases the property. Negligence can also manifest multiple ways, whether the injury was caused by a failure to inspect the property or to warn its entrants of potential or known risks.
What are the elements of a Premises Liability Claim in Fresno, California?
To find a property owner or manager at fault for your injuries in Fresno, the property owner must have acknowledged the property risks and knowingly allowed the possibility for injury. This can include notifications of the need for repair or ongoing evidence of a defect. Additional elements in a premises liability claim include:
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Was the harm predictable and preventable?
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Was the property defect trivial or insignificant?
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Is there proof of the victim’s injury?
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Did the property owner have a duty of care to the injured party?
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Did the property owner have knowledge of inadequate maintenance?
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Were there safety protocols requiring the maintenance?
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Is the victim’s future livelihood affected financially, physically, or emotionally as a result of the dangerous property?
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Call Valley Injury Attorneys at 559-970-6370 to receive a free consultation. Get legal advice from a personal injury law firm.
Types of Personal Injury Accidents in Fresno
Who can file a premises liability claim in Fresno?
Anyone who has been personally injured or suffered the loss of a loved one due to negligent property maintenance can hire a liability attorney to fight for compensation. This includes licensees, such as an invited salesperson, or even a trespasser.
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However, if a dangerous condition is easily identified and avoided, then liability for personal injury is less likely, especially if the victim knew about the dangerous condition prior to the accident. For a credible personal injury claim, the injury must result from intended use of the property and the victim can’t knowingly endanger themselves. Accident reconstruction experts and witness testimony can confirm the nature and cause of the victim’s injury.
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Call 559-970-6370 for a free consultation to assess your personal injury case. A premises liability attorney at Valley Injury Attorneys can walk you through your options.
Types of Premises Liability Cases
Whether your injury is the result of negligence at an amusement park, grocery store, or hotel, there are many types of premises liability cases. The most common premises liability lawsuits are for slips and falls due to slick flooring, unsalted sidewalks, and loose cords. However, there are many instances in which a property owner or manager could be found negligent. If low lighting or faulty locks lead to a security issue, or there was an absence of security altogether, such as a lack of cameras, resulting injuries would warrant a premises liability lawyer. The case is dependent on the property owner’s intentional disregard for their duty of care, or responsibility for inspection, maintenance, and defects.
Additional examples of premises liability in which an injury victim would be able to seek compensation include:
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Ceiling collapse
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Appliance malfunctions
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Fire code violations
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Swimming pool accidents
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Dog bites
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Even if you sustained your injury in a parking lot or on a sidewalk, public spaces should be maintained to a basic level of care. Call 559-970-6370 for a free consultation to speak with an experienced liability lawyer at Valley Injury Attorneys. We’ll help you determine if your injury qualifies for a premises liability lawsuit.
Trespassing & Liability Limits in California
By California law, a trespasser is owed a duty of care and can sue for injury if their injury was sustained due to property neglect. Premises liability does not extend to dog bites, but if a trespasser gets hurt on your property because of missing, damaged, or malfunctioning property features that should have been maintained, then the trespasser may collect damages. Fresno premises liability finds that the property owner’s disregard for safety applies to anyone injured on site because the property owner did not uphold a reasonably safe residence for all who entered.
Private Property vs. Public Property Claims
In Fresno premises liability, your case may be a question of who had a responsibility to ensure safety for visitors, especially when suing a friend or family member.
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Private Property Claims: By California law, private property is non-government owned. This might include a business owner or the occupier of a private residence. For example, if a neighbor failed to restrain their dog or a business had loose flooring or carpeting, the property owners would most likely be held legally liable for your related injury.
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Public Property Claims: Premises liability on public property would find the federal, state, or local government at fault for injury that resulted from poor maintenance. Victims might include students in a school building.
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Landlord vs. tenant possession can also impact premises liability. If a landlord transferred the property in a state of disrepair or has ignored the tenant’s maintenance request, thereby rendering the property unsafe, then the landlord is responsible for paying damages in a personal injury claim.
Talk to Valley Injury Attorneys to understand the nature of your claim and recover damages. Schedule a free consultation at 559-970-6370.
What are the damages in premises liability cases?
When property owners and managers have knowledge of safety concerns, they are obligated to address maintenance and repairs quickly and efficiently. In a premises liability case, the damages owed to a personal injury victim would be financial compensation for the injury that resulted from the risk or threat posed by a property. This can include:
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medical bills for emergency transportation, doctor visits, treatments, hospital stays, and ongoing physical therapy or medications
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the loss of past or future wages as the result of reduced hours or an inability to return to work
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emotional distress due to the psychological trauma of the incident
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burial and funeral expenses as well as the loss of companionship after the wrongful death of a loved one
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Don’t be intimidated by the complications of the claims process. An experienced premises liability attorney can fight to recuperate the costs of your medical bills and lost wages while you focus on getting your life back on track. For the best premises liability lawyer, contact Valley Injury Attorneys at 559-970-6370 for a free consultation.
What are the most common injuries that occur during Fresno premises liability accidents?
Unsafe structures often lead to the following injuries in a premises liability accident:
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Bruising
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Lacerations
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Infections
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Scarring
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Disfigurement
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Dislocated or broken bones
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Burns
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Electric shock
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Drowning
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Wrongful death
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When a property owner’s wrongdoing has led to your injury, consult with a personal injury attorney to identify whether you qualify for financial compensation and the extent of damages that you’re owed. Valley Injury Attorneys are ready and waiting at 559-970-6370.
Premises Liability Coverage
From uneven sidewalks to toxic fumes, property negligence can cause catastrophic injuries and even loss of life. Premises liability coverage is the insurance policy responsible for a victim’s payout when a property owner or manager is found responsible for the poorly maintained environment that caused the victim’s injury.
Schedule a free consultation with Valley Injury Attorneys at 559-970-6370 for a premises liability lawyer to review your case.
FAQ's
Is premises liability a law?
No, though safety standards may fall under the law, and properties may be legally liable for upholding them. If a property manager or owner fails to comply with their duty of care, they may be responsible for the financial compensation of your injury. When safety protocols are violated, then you are entitled to recover damages in a settlement.
What is the difference between premise liability and general liability?
Premises liability refers specifically to a property manager or owner’s failure to maintain the physical conditions of their property. Premises liability coverage is provided when the lack of care created hazardous conditions that endangered the victim and led to their injury. General liability refers to the broader category of insurance protection for injuries caused by negligence.
Is premises liability the same as negligence?
Premises liability is a form of negligence, in that a physical property was legally obligated to be safe for entrants and its poor maintenance resulted in injury.
How do you prove premise liability?
As with all personal injury cases, proving premises liability relies on evidence that another person or organization’s willful negligence gave way to your physical injury. There are three pillars to support your personal injury claim:
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A duty of care must exist, meaning the property owner owed you safe property conditions upon entry.
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There has to be clear indication that the property owner breached this duty, and that even though the harm caused to you was foreseeable and preventable, the property owner did not act accordingly.
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Despite the duty of care and because of its disregard, you sustained an injury. Records of medical attention, lost wages, and emotional suffering can serve as proof of personal injury in a premises liability case.
What is the statute of limitations for premises liability in California?
In California, you have two years from the date of your injury to file a premises liability claim. As for injuries sustained at government-owned properties, you must file within six months.