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In California, property owners have a responsibility to maintain a safe environment in and around their buildings. This responsibility also extends to business managers and tenants. If you were injured on someone else’s property or at work because of a dangerous condition that was left untreated, you could have the grounds for a premises liability claim. You could seek compensation for your medical bills, lost income, and more.
The Temecula premises liability lawyers with Sargent Law Firm Injury Lawyers believe in providing injury victims with the highest level of legal representation, medical attention, and financial recovery. A personal injury lawyer with our law firm can investigate your accident, determine your damage, and fight for a fair settlement on your behalf.
Call us today and speak with a member of our legal team during your free initial consultation. Learn more about your local injury law firm and your legal options.
California Premises Liability Law Covers a Wide Range of Accident Types
Various types of accidents fall under the umbrella of premises liability cases. Generally, any accident on a property due to a hazardous condition could belong to a premises liability claim. So, whether you were walking in a vineyard in the Temecula Valley or enjoying a barbecue at a friend’s house in Paloma del Sol, you could have a premises liability claim if something on or about the property caused your injuries.
While not every premises liability accident is the result of negligence, many are due to the property owner’s faulty actions or inactions. The law requires property owners to take reasonable actions to minimize harm to visitors. When a property owner or their property manager fails to do so and their failure causes injury to another, they are considered negligent. In these cases, our lawyers can help you hold the responsible property owner liable for the damages they caused.
The following are the most common types of premises liability cases we have seen in Temecula, California:
Slip and Fall Accidents
Often, premises liability cases center on a slip and fall or trip and fall accident. Fall victims often suffer severe injury, such as:
- Traumatic brain injuries (TBI)
- Spinal injuries
- Torn ligaments or tendons
- Broken bones
- Concussions
- Internal organ damage
- Deep lacerations
- Scarring
When a fall victim dies because of someone else’s negligence, the family can file a wrongful death claim for compensation.
Dog Attacks and Bites
Pets are a wonderful addition to any home, but under CCP § 3342, dog owners are strictly liable for any harm their pets cause. That means you do not have to prove negligence. If the dog attacked and bit you, you could file a claim for damages with the help of our Temecula premises liability attorneys.
Accidents at Swimming Pools
Slipping on wet tile, a lack of supervision, poor signage for diving, equipment malfunctions, and chemical burns are just a few of the accidents that can injure a visitor to a swimming pool. At a private residence or a public pool, accident victims can seek financial compensation for the injuries they suffer at dangerous swimming pools.
Failure to Provide Adequate Security and Lighting
California law requires that property owners make reasonable efforts to keep the premises safe for visitors. This duty includes taking reasonable steps to protect visitors against foreseeable criminal actions that could hurt them.
Providing adequate security for a venue and ensuring there is sufficient lighting in a parking lot are just some of the measures a property owner should take to protect their patrons.
Exposure to Toxic Chemicals
If you have been exposed to any of the following chemicals or substances while on another’s property without any protection or warning, you could have the grounds for a premises liability case in Temecula:
- Asbestos
- Mold
- Lead
- Chemical spills
- Pesticides and herbicides
- Carbon monoxide
Elevator and Escalator Accidents
These mechanical conveyances provide a tremendous level of ease to our lives, but without proper maintenance, people can be injured when they malfunction. Caught in closing doors, sudden stops, and clothing snagged in gaps, these incidents can cause harm and deserve to be addressed with compensation.
Other Premises Liability Cases Our Attorneys Handle
At Sargent Law Firm, our attorneys can handle a wide range of premises liability cases. Beyond slip-and-fall accidents, we represent clients injured due to various hazardous conditions caused by property owners’ negligence. These cases can include:
- Negligent security incidents that result in criminal assaults.
- Structural hazards like collapsed ceilings or broken stairs.
- Unsafe property features, such as missing handrails.
- Falling objects, including merchandise dislodged from store shelves.
- Electrical injuries, including electrocution from exposed wiring or faulty systems.
- Fire and explosion injuries, including burns.
- Injuries from broken glass, such as severe lacerations.
- Wet or slippery surfaces, creating slip-and-fall hazards.
Whether the property is commercial or residential, California law requires owners and caretakers to maintain safe conditions. This obligation applies to a variety of properties, including homes, apartments, golf courses, ranches, hotels, restaurants, retail stores, malls, gyms, arenas, concert halls, parking lots, office buildings, etc. If a property owner is unsuccessful in keeping you safe, you can hold them accountable.
Our legal team is here to help you seek damages and hold negligent property owners in Temecula responsible.
If you’ve been injured or a loved one has been killed through an act of negligence, you need the highest level of legal representation.
Schedule a Free ConsultationDamages in Premises Liability Cases
California follows “comparative negligence” rules, meaning that in a premises liability case, the court will evaluate not only the property owner’s negligence but also your potential role in the incident. The defense may argue that you contributed to your injury, such as by being in a restricted area or failing to notice a hazard.
If the court assigns you a percentage of fault, your compensation will be lowered accordingly. For example, if you get $50,000 in damages but are found to be 25% at fault, your final compensation would be reduced by 25%, leaving you with $37,500.
Our experienced Temecula premises liability attorneys will work to secure the maximum compensation possible, which can include:
- Medical expenses, such as emergency care, follow-up treatments, and rehabilitation.
- Lost wages for time you missed from work due to the injury.
- Diminished earning capacity if your injury interferes with your ability to work or find employment in the future.
- Pain and suffering, addressing both physical pain and emotional distress.
- Loss of quality of life or consortium, reflecting the impact on your daily life and relationships.
- Property damage caused by the incident.
Many premises liability claims involve aggressive negotiation with insurance companies and are often settled outside of court. Our attorneys are prepared to thoroughly evaluate your case, provide sound legal advice, and pursue the best possible outcome—whether through litigation or settlement.
How Our Lawyers Can Help With Your Premises Liability Claim
As with any personal injury case in Temecula, premises liability cases are complex. Injured victims must prove the property owner:
- Failed to use reasonable care to keep the property in a safe condition
- Failed to inspect the property to discover dangerous conditions that they should have known about
- Failed to adequately warn visitors of known or foreseeable dangers
Our lawyers can investigate your case and present evidence of negligence. We will fight for your right to compensation, whether it is with the insurance companies or in court.
You do not have to go through this alone. Sargent Law Firm is dedicated to helping you recover. Our team reviews your medical records, consults with healthcare professionals, and ensures that all aspects of your injuries—both current and future—are fully documented. We also investigate the circumstances of your accident, collecting evidence, witness statements, and any available video footage to build a strong case.
We Will Handle Negotiations on Your Behalf
Property owners and their insurers often try to downplay injuries or offer inadequate settlements. Our attorneys handle all negotiations, ensuring you’re not pressured into accepting less than you deserve. We advocate for a comprehensive settlement that reflects the full extent of your losses.
We Will Take Your Case to Court if Necessary
While many cases are resolved through settlements, we are prepared to take your claim to court if needed. Our premises liability attorneys are experienced litigators who can file legal documents, present evidence, and call witnesses to demonstrate the property owner’s negligence. Having a dedicated Temecula premises liability lawyer by your side strengthens your case and increases your chances of securing maximum compensation.
We Won’t Get Paid Until You Win
Our Temecula premises liability attorneys work on contingency, meaning you don’t pay anything unless we secure compensation for you. This allows you to focus on your recovery without financial stress, upfront costs, loans, etc. With a proven track record, we will fight relentlessly to achieve the maximum settlement for your claim or lawsuit.
The Statute of Limitations Is Two Years
The statute of limitations is a legal deadline. Every type of case is governed by one. For your premises liability case in Temecula, you would have two years to file your lawsuit with the Riverside County Superior Court, per CCP § 335.1.
If you miss this deadline, you could face serious consequences. First, you could be barred from filing a personal injury lawsuit if you miss the statutory deadline. Second, you will lose any leverage for negotiations with the insurance companies. As a result, you could be left accepting whatever lowball settlement the insurer offers you and then be forced to cover everything else on your own.
However, our attorneys can protect you from this mistake if you call us soon enough.
Our Attorneys Are Ready to Help
Now is the time to call Sargent Law Firm Injury Lawyers for your free case consultation. You should not suffer financial harm because of someone else’s negligence. Our attorneys provide legal representation on contingency, which means we receive no attorney’s fees unless we win, so call our office today!
Premises Liability Claims: Frequently Asked Questions
Our lawyers answer common questions to help you understand your rights and the legal process of filing a claim or lawsuit in the city.
What is the average settlement for a premises liability claim?
The settlement for a premises liability claim can vary based on your injuries and their severity, medical expenses, lost income, and the level of negligence involved. Minor injuries may lead to smaller settlements, while serious cases involving long-term impacts can result in significantly higher compensation. To get a clearer idea of what your claim might be worth, it’s best to schedule a free consultation with Sargent Law Firm. We’ll review the details of your case and help you understand your legal options.
What types of accidents fall under premises liability?
Premises liability covers a wide range of accidents caused by unsafe or poorly maintained properties. Common examples include slip-and-fall or trip-and-fall incidents due to wet floors, uneven surfaces, or poor lighting. Dog bites or animal attacks on private or public property also fall under this category. Injuries resulting from negligent security and accidents caused by hazardous conditions, such as broken stairs or exposed wiring, are also common. Claims can also arise from accidents in restaurants, shopping centers, or even swimming pool accidents due to a lack of proper safety measures. In some cases, construction site hazards on or near public walkways may also lead to a premises liability claim.
What defenses do owners use in premises liability claims in California?
In California premises liability claims, property owners can use several affirmative defenses to challenge liability. A common defense is lack of notice, arguing the owner didn’t know—and couldn’t reasonably have known—about the dangerous condition. Comparative negligence is another key defense, where the injured person is found partially at fault for their own injuries, potentially reducing the compensation they can recover. Owners may also claim assumption of risk, stating the victim knowingly exposed themselves to a hazardous situation. Additionally, the statute of limitations can bar claims filed after the legal deadline, and government immunity can protect public entities in specific situations. These defenses can significantly impact premises liability claims, so consult a lawyer about your case.
Why should I hire a lawyer for my premises liability case?
Hiring a local premises liability lawyer offers several advantages for your case. A local attorney from Temecula understands the specific laws and court procedures in Riverside County and is familiar with possible accident sites like Promenade Temecula or the Ronald Reagan Sports Park. This local knowledge can help gather evidence, identify responsible parties, and understand how similar cases have been handled in the area. Additionally, a Temecula-based lawyer will have established relationships with local experts, medical professionals, and courts, streamlining the legal process and strengthening your claim.
