Murrieta Premises Liability Attorney

Owning property comes with the responsibility to maintain it in a way that keeps those who use your property or engage in business on it protected from injury. However, not every property owner takes the right care and puts the right protections in place to do this. Our Team of Murrieta premises liability attorneys have worked hard to hold those who fail to uphold their responsibilities accountable and seek to recover damages for those who may suffer injuries.

No attorneys work harder for their clients than Kampf, Schiavone & Associates. Our attorneys know how devastating injuries that result from the negligence of others can be. We fight aggressively for our clients to help them recover damages they may be owed. Suffering such injuries will leave you filled with questions, but with the help of our personal injury lawyers, you can focus on the recovery while we provide you with the answers you need.

What Are Premises Liability Cases?

When a person is negligent in properly maintaining safe conditions on a property that they own, they could find themselves in court for a premises liability case. Those who suffer injuries as a result of that negligence are likely to file a claim against that property owner. However, in order to receive any type of compensation for those injuries, the complainant must be able to prove that the owner was negligent in their care for the property.

Premises liabilities cases involve the following factors:

• An injury is involved in which someone is hurt while on another’s property
• The property on which the injury occurred must be deemed unsafe in some way
• The owner of the property on which the injury occurred was aware of the unsafe conditions or should have had reasonable knowledge that it was unsafe
• The property owner failed to take appropriate action to fix the unsafe conditions.

An important consideration to remember when attempting to hold a homeowner accountable is they will often be represented by their insurance company. Because the homeowner has a powerful entity defending their responsibility, you should ensure that you have an experienced and knowledgeable attorney who knows how to navigate these cases.

What Are the Types of Premises Liabilities Claims?

There are many different types of injuries that can occur as a result of negligent property management. The severity of the injuries is dependent on the type of accident that may have occurred. While slip and fall accidents are the most common, there are several types of accidents that can happen, including:

• Swimming pool accidents. Swimming pools are a fun addition to any home or property, but they come with great responsibility. Part of that responsibility could mean installing proper fences or gates to ensure the pool is safe and access is limited. Warning signs should be appropriately placed, and safety equipment should be readily available. These standards apply to both residential and commercial swimming pools.
• Accidents at grocery stores. Businesses are particularly susceptible to premises liability cases. With many moving parts, keeping a business safe and well-maintained can be a big task. Grocery stores, in particular, can have several hazardous areas. With spills in the aisles or shelving that is too high, failing to clean up spills in a timely manner and using warning signs could leave a grocery store open to claims.
• An escalator or elevator not properly maintained. If a property contains an elevator or escalator, accidents will surely fall onto the shoulders of the property owner. However, if an owner can show they made reasonable attempts to maintain the equipment properly, any accidents may then be deferred to the product’s manufacturer, company of installation, or hired maintenance company.
• Staircase accidents. Whether a residential or a commercial property, if there are stairs on site, there is potential for an accident. Loose stairs, missing steps, or other hazardous situations that could result in the fall of an individual are all situations that could lead to a premises liability case. The property owner may be held at fault for damages.
• Accidents at an amusement park. A day of family fun at an amusement park is a great bonding experience that builds lasting memories. But when that trip ends in injury or, in some cases, death, there may be questions of who is responsible. While the amusement park management may be responsible, the level of care falls to anyone involved in the product’s chain of development, from manufacturing to installation to maintenance.
• Inadequate security. Whether in their homes or businesses, property owners have a responsibility to maintain a level of safety and security for their visitors. This could include the use of locks, lighting, cameras, or, in some cases, security guards. Failing to provide reasonable security could result in a claim filed against the property owner.

In addition to accidents such as these, other common forms of premises liabilities could occur in situations such as:

• Attacks from animals or dog bites
• Railings that are loose, missing, or broken
• Pavement that is uneven, severely cracked, or broken
• Merchandise installed by the owner or set as decor that is improperly installed or causes a hazard
• Steps that are not marked properly
• Any exposure to fumes or chemicals considered toxic
• Injuries suffered from fire or smoke
• Repairs that are not appropriately fixed
• Floors, stairs, decks, porches that are destitute

If the injury happens at work, you may need to file a workers’ compensation claim with your employer.

What Are Property Liability Injuries?

The type of accident that causes an injury may result in varying types of injuries. Injuries that may be suffered as a result of injuries suffered from premises liabilities include:

• Broken bones. Accidents such as slip and falls can cause bone breaks commonly in the hands, arms, or legs as these are the parts of the body used to brace oneself and protect other areas of the body when the fall occurs.
• Head injuries. Head injuries can be mild or severe, but the complete extent of the damage may not be known for years. From hemorrhaging to concussions to memory loss, any injury suffered to the head should be checked by a medical professional as soon as possible.
• Tissue damage. Sprains and tears to various areas of the body containing soft tissue are very common in slip and fall accidents as well as a variety of other circumstances. Some tears and sprains can become permanent if not given the proper medical care.
• Open wounds. With the potential for infection, an open wound can be of significant worry. Stopping any bleeding and ensuring the wound is clean can prevent further injuries or even death.
• Damage to the spinal cord. One of the most dangerous types of injuries, any spinal cord injury could be life-altering and leave you paralyzed. With these injuries, life can change significantly, or the injury could be fatal.

These injuries are not all-inclusive of the types that could be suffered but do represent some of the more common types of injuries experienced because of negligence. No matter what type of injury you suffer, you should immediately seek the help of a medical professional and then contact your attorney.

What Does Duty of Care Mean?

When talking about the responsibility a property owner has, consideration must be given to what is meant by the duty of care. This is the standard level required by property owners towards others on their property. However, duty of care can look different in a variety of circumstances. Common ways duty of care is considered include:

• Duty of care from a landowner to visitors. Sometimes referred to as an invitee, a visitor on a property can be a person staying in your home, visiting your business, or otherwise on your premises by direct or presumed invitation. As a landowner, there is a duty of care to properly maintain and fix any areas that are deemed dangerous and that the invitee has access to.
• Duty of care from a landowner to licensee. While similar to an invitee, a licensee has permission from the property owner to enter the property, but the licensee, not the land owner, is granted the benefits of use. The land owner, however, has the responsibility of inspecting the property periodically and maintaining or fixing any unsafe conditions that could result in injury.
• Duty of care from a landowner to a trespasser. Generally speaking, there is an assumption that if someone is on your property illegally, there is no duty of care. However, the law says otherwise. While there is no assumption of care for maintenance or safety, there is a duty of care by land owners to avoid intentionally creating areas intent on injuring trespassers. If the injury could be perceived as intentional, the property owner could have a claim filed against them even if the injured was trespassing.

The duty of care is one of the marks the court will look at when determining who is responsible for the injuries suffered.

What Are Premises Liabilities Damages in California?

If you are injured while on someone else’s property in Murrieta, California, you could be awarded damages for a number of impacts as a result of your injuries. Common awards for damages include:

• Medical bills. No matter how an injury occurs, medical expenses can be unexpected and can add up quickly. However, when your injuries are the result of a negligent party, you may be able to recoup not only the medical expense to treat your initial injuries but also any future medical care as a result of the injuries.
• Lost wages. If you are injured, your employment may certainly suffer. Whether you are missing an amount of time to allow your injuries to heal, or your life is permanently changed, meaning a change in employment, The wages you lost or the difference in earning potential could be awarded to you as part of damages that you are entitled to.
• Property damage. Even though you are on someone else’s property, your property could be damaged in the accident. This could include damage to a vehicle, jewelry, clothing, or any other personal property that may have been damaged as a result of negligent maintenance.
• Pain and suffering. While you may be entitled to receive a payment for what is known as pain and suffering, the extent of your injuries will determine how much you may be entitled to recover. The more severe the injuries, the higher the likelihood and amount you may be entitled to.
• Emotional distress. Psychological impacts of your injury could include anxiety, depression, or PTSD. Any psychological changes you suffer as a result could be a part of the compensation you are entitled to.
• Loss of consortium. This can look many ways, including wrongful death. However, loss of consortium refers to the award your loved ones may be entitled to for the changes in companionship as a result of your injuries. If, for example, your injuries leave you unable to interact with your family or require their constant care, they may experience a loss of companionship, loss of the ability to bear children, or the loss of intimacy.

The exact damages you could be awarded in a personal injury claim as the result of premises liability is dependent on the circumstances of your case and should be discussed with your attorney.

What Is the Statute of Limitations for Premises Liability in California?

Premises liability claims must be filed within two years. After that time, victims lose their right to file a claim against the property owner or negligent party. Before filing your claim, be sure you have gathered the appropriate evidence. That should first begin with an evaluation from a medical professional. After that, be sure to gather any witness statements, take any necessary photographs, and speak with a personal injury attorney.

Contact Our Team of Premises Liability Attorneys to Discuss Your Case

Injuries of any kind can be devastating and life-altering, but when they happen because of the negligence of someone else, then you could be filled with confusion, anger, and, no doubt, questions. At Kampf, Schiavone & Associates, our attorneys put our client’s interests first. We know that the compensation you receive will help you on your road to recovery and returning to a sense of normalcy. Contact our lawyers today and find out how our team can help.