When you’re hurt on someone else’s property in California, special legal rules apply. These rules are called premises liability laws because they determine when property owners or occupiers can be held legally responsible for injuries that occur in their space.
JSM Injury Firm APC has extensive experience handling claims involving injuries on property.
Whether you’ve been hurt on a construction site, were bit by someone’s dog, had a child suffer injury in a neighbor’s pool, or experienced any other injury while on someone else’s property, our personal injury attorneys in Anaheim, CA are here to help you.
Our Anaheim premises liability lawyers have the knowledge, experience, and skill to resolve your claim in court or through settlement negotiations. We don’t collect legal fees unless we win, and we are passionate about fighting for the rights of our clients in every case we take on.
Give us a call today at (949) 404-4826 to schedule a free consultation and learn more about how we can help.
Premises liability laws govern a broad array of cases that happen whenever someone is hurt as a result of a property owner or occupier’s carelessness or negligence. Common examples of premises liability claims include:
These are just some of the many types of cases our premises liability lawyers at JSM Injury Firm APC take on. Whatever your situation, we’ll be there from day one to help you understand the legal processes for recovering compensation and to gather evidence to make the strongest claim possible for you.
The purpose of premises liability laws is to determine exactly when property owners or occupiers are held accountable for harm.
According to Rowland v. Christian (1968) 69 Cal.2d 108, “the proper test to be applied to the liability of the possessor of land in accordance with section 1714 of the Civil Code is whether in the management of his property, he has acted as a reasonable man in view of the probability of injury to others.”
This means that if the property owner or occupier is unreasonably careless given the risk of injury to visitors, they can be held liable for any harm resulting from their carelessness. There are different classifications of visitors that determine what a property owner’s duties are including:
Rowland v. Christian (1968) 69 Cal.2d 108 explains who falls into which category:
“Generally speaking a trespasser is a person who enters or remains upon land of another without a privilege to do so; a licensee is a person like a social guest who is not an invitee and who is privileged to enter or remain upon land by virtue of the possessor’s consent, and an invitee is a… business visitor who is invited or permitted to enter or remain on the land for a purpose directly or indirectly connected with business dealings between them.”
JSM Injury Firm APC will help you understand your classification and prove that, based on your status on the property, the owner or occupier failed to fulfill their obligations to you and should be responsible for the damage you experienced because of it.
To establish fault in a premises liability case, we need to conduct an intensive investigation. Depending on the type of premises liability accident you were involved in, we may be able to secure video footage of the accident. For example, if you slipped and fell outside of your apartment building, the apartment building may have video cameras fixed on the entryway.
We will also need to hire forensic experts, seek out witnesses to the accident, and look into the safety inspection logs and other relevant documentation. This will help us determine whether the property owner is at fault for the injuries you suffered.
Having a respected premises liability attorney in Anaheim working for you could make all the difference in the outcome of your case. While you focus on your healing, our team can work behind the scenes, building a powerful case against those responsible. Not only will we investigate to establish liability, but our next steps will involve calculating the value of your damages. It is up to us to ensure every single loss is taken into consideration when calculating the value of your claim.
Our team will also handle the insurance claim filing process on your behalf. By having our personal injury attorneys negotiate with the insurance company for you, you do not have to worry about being taken advantage of during this difficult time in your life. Instead, you can rely on us to ensure the insurance company compensates you fairly based on the policy terms. In the event the liable party is uninsured or does not have enough coverage to meet the full value of your damages, we will be ready to move forward with a personal injury lawsuit.
We are ready to present a compelling case against those responsible before a judge and jury. Sometimes, bringing your case to court is the best way to maximize your payout.
You have the right to be repaid for the full value of your losses. As described under California Civil Code Title II, you can recover both economic and non-economic damages. Some examples of damages that are often awarded in slip and fall accident or premises liability claims include:
You may also wonder whether punitive damages are possible. As described under California Civil Code Section 3294, punitive damages could be awarded, but only if the defendant was grossly negligent or intended to cause the injuries you suffered.
You have two years from the time of your injury to make your claim under California Code of Civil Procedure section 335.1. Don’t wait to call JSM Injury Firm APC today at (949) 404-4826 to schedule your consultation with an Anaheim accident lawyer who can help you.
No matter what type of accident you were involved in, if your injuries occurred on someone else’s property, and their negligent actions caused the incident, you may be entitled to financial compensation. With the help and support of a top-rated premises liability attorney in Anaheim from JSM Injury Firm APC, you may be able to maximize the compensation you recover.
Explore your legal options in greater detail when you contact our law office to request a 100% free consultation. Reach us through our confidential contact form or by phone to get started on your insurance and civil claims as soon as today.