The California premises liability lawyers at Bisnar Chase have been helping people recover after injuries caused by premises liability accidents or negligent security incidents.
For over 46 years, our trial lawyers, paralegals, mediators, negotiators, and highly skilled and experienced staff have represented and won cases, bringing in over $900 million for our clients.
Bisnar Chase has established a 99% success rate and strives daily to make the world better and safer. We have held those accountable for their wrongdoing and property owner negligence, brought justice, resources, and compensation to those in need, and restored the lives of thousands.
Whether pursuing a premises liability claim against an individual, corporation, or governmental entity, you must have an experienced California premises liability lawyer who knows and understands the private and public property laws and will fight tirelessly for your legal rights and best interests.
The trial attorneys at Bisnar Chase have a long and successful track record of handling these premises liability cases and helping seriously injured clients secure maximum compensation for their significant losses from private or public property owners.
Our seasoned attorneys are not afraid to go up against the largest corporations, and as long as you have Bisnar Chase representing you, neither should you.
In May 2019, we took on a drug rehabilitation center that a jury had found negligent. Our client was awarded $11M, while the defense’s original offer was under $500k. Our trial lawyers presented a fantastic set of facts that led to this massive jury verdict and the largest rehabilitation facility verdict in California history.
California Premises Liability Lawyer
What is Premises Liability
Premises liability refers to the responsibility of a property owner to provide reasonably safe conditions for visitors, workers and residents. Under premises liability law, California property owners can be held financially accountable for accidents and injuries that occur on their premises.
Not all accidents result in valid personal injury claims. Still, anyone who has suffered an injury on someone else’s property would be well advised to look into their legal rights and options. Financial compensation may be available for their considerable losses. Call our California premises liability lawyers for a free case evaluation. Call 800-561-4887.
California Premises Liability Laws
Under California law, a proprietor, or commercial landlord, owes patrons a duty to exercise reasonable care to keep the premises safe.For example, property owners must regularly inspect their buildings and ensure they are safe for visitors, tenants, and guests.
All California proprietors must act with the same care as other reasonably prudent persons under the same circumstances. In other words, a property owner are not responsible for every accident on their premises. Still, they can be held accountable for the premises liability accident resulting from their failure to provide reasonably safe conditions.
California’s primary premises liability statute related to property liability is Civil Code Section 1714(a). This statute establishes the general duty of care that all persons owe to others regarding their actions and property.
It states that everyone is responsible for an injury incurred to another by their want of ordinary care or skill in managing their property or person, unless the injured party contributed to their injury.
This section forms the legal basis for property owner negligence claims in premises liability cases in California. You can find more details about this premises liability statute through the [California Legislative Information website] under Civil Code Section 1714.
What is the time limit for filing a premises liability lawsuit in California?
In California, the statute of limitations for filing a premises liability lawsuit is two years from the date of the incident. The injured individual must file their lawsuit within two years of the incident, or they cannot pursue legal action.
However, there are a few exceptions to this rule, such as if the injury was not discovered immediately or if the defendant is a minor. In these cases, the California premises liability statute of limitations may be tolled or suspended until the condition that caused the tolling has ceased.
What is premises liability insurance?
Premises liability insurance is a type of business insurance that protects business owners from insurance claims related to third-party injuries and damage on the property of their business. This includes accidents, slips and falls, fires, criminal acts, and other incidents that may cause injury or damage.
It is important for business owners to have coverage in case someone is injured or property is damaged due to their negligence or a hazardous condition on the property. This type of insurance can cover the cost of medical bills, legal fees, and damages awarded to the injured party.
What is designated premises liability?
Designated-premises liability insurance is usually included as part of a commercial general liability policy and provides bodily injury coverage. It is important for business owners to understand the specifics of their designated-premises liability insurance policy to ensure they are adequately covered.
Who can be sued for premises liability?
In California, anyone who owns, leases, occupies or controls a premise can be sued for a liability lawsuit. This includes property owners, tenants, business owners, and property managers.
The person or entity responsible for maintaining the premises may also be held liable. In liability cases where the property owner has no legal control over the premises, the person or entity who has control may be held responsible for any injuries or damages caused by the premises.
In addition, the manufacturer or distributor of any product that caused your injury may be named a defendant in a lawsuit. Some examples would be a business providing a service that injured you or a product that directly injured you and the distributor/manufacturer was negligent. Ultimately, anyone with a legal duty to maintain the premises in a safe condition can be held liable for any injuries or damages resulting from their negligence.
Examples of Dangerous Premises
The types of premises liability claims are numerous and varied. Due to insufficient security, visitors run the risk of suffering severe injuries from falling down broken stairs, slipping on wet surfaces, drowning in a pool, burning in a fire or explosion, lacerations from broken glass, dog bites, injuries from a roof cave-in, and assaults or muggings.
Dangerous conditions can exist in any open space or building. Devastating incidents commonly occur at shopping malls, grocery stores, government buildings, commercial facilities, theaters, apartments, and even private homes.
If you have been injured on someone else’s property, please get in touch with our premises liability attorneys in California for a free case evaluation and to determine if you have a viable case.
Depending on where you are, when and under what circumstances, premises liability conditions can be endless.
Top 5 Premises Liability Accidents in California
- Slip and Falls: – Slip and falls can happen anywhere, at any time. Around the pool, there is a hallway, a kitchen, and even a walkway.
- Negligent Security: The lack or poor property management of security can result in chaotic and hazardous situations spiraling out of control. Poorly lit areas and a lack of security cameras or security guards offer an opportunity for violence to occur, leading to potentially catastrophic results.
- Pool Accidents: Pools, spas, and open water areas can be deadly, especially with young children and those unable to swim. There is a huge number of drownings across the country and the entire world, many of which could be prevented if fencing and gating, proper parental supervision, and other safety measures were established and maintained.
- Dog Bites: Dogs can never be understood or read, meaning whether a dog has a history of violent behavior or none. You can never know if a dog can suddenly express violent behavior, possibly resulting in severe injury or death. Receiving the proper medical attention, care, and treatments for dog bites is essential.
- Poor or Negligent Maintenance – Ensure establishments are kept up and cleaned.
Property management companies
Property management companies are responsible for ensuring safety and must follow standard safety measures. A property management company is critical in ensuring the safety of people visiting their premises.
Conducting Routine Inspections and Maintenance: Regular and timely maintenance is vital to prevent accidents and address potential hazards.
Implementing Safety Protocols: Enforcing appropriate safety measures helps protect residents, visitors, and staff from potential dangers
Utilizing Security Systems: Installing and maintaining reliable security systems can help deter crime and provide peace of mind for tenants and visitors alike.
Visitor Management Solutions: Managing and limiting access ensures that only authorized people or groups can enter specific areas of the property.
Our nationwide law firm can assist if you’ve had a Los Angeles premises liability accident or were in another state.
If you have been injured in a premise liability accident in California, contact our team of experienced trial attorneys for a free consultation. We offer a contingency fee basis service where there is no fee if we do not win your case. Call 800-561-4887 today.
Determining Liability in Premises Claims
The key factor in establishing liability for a premises liability issue is determining if the proprietor had actual knowledge of the dangerous condition. In general, a property owner cannot be held liable if they are not aware of the dangerous conditions.
There is, however, a significant exception to that rule. Property owners who do not properly inspect their buildings can be held accountable for failing to comply with their duty to inspect or properly maintain their properties.
This can be done by showing that the hazardous location was not inspected within a reasonable amount of time. These premises liability claims are complicated because victims have to do more than prove that they were injured. Property owners cannot be expected to prevent visitors from tripping on their shoe laces.
Property owners should post slippery floor signs when a walkway has just been cleaned. They must also mop up spills, repair damaged steps, and put up caution cones, tapes, and signs when dangerous conditions cannot be immediately fixed.
Comparative Negligence in Premises Liability Cases
A tort rule for allocating damages when both parties are at least somewhat at fault. If an unsafe condition on a property is clearly visible and avoidable, it is the visitor’s responsibility to observe it and respond accordingly.
Furthermore, a property owner do not have to ‘warn visitors’ of hazardous conditions so obvious that any reasonable person would observe the condition as potentially dangerous. In such premises liability cases, the concept of ‘comparative negligence‘ may apply.
This is when the victim’s fault is compared to the percentage of the defendant’s fault. The number of damages recoverable by the victim will be reduced to his or her responsibility for the accident. If you have questions on whether you are somewhat at fault, please get in touch with our California premises liability lawyers for a free case evaluation.
Negligent Security on a Premise
When we invest our precious time and hard-earned dollars into amusement parks, sports arenas, concert venues, and other miscellaneous recreational activities, we expect top-quality service, security, and peace of mind.
Some accidents are unavoidable. However, it is the responsibility of the premises to hire enough help to keep events and the area safe overall.
For example, a recent victim of negligent security, Bryan Stow, pressed charges, with his family, against the Dodgers and former owner Frank McCourt stating that if the facility had enough security and lighting in the Dodgers stadium parking lot, he wouldn’t have sustained the injuries he did when Stow was beaten up in the Dodger’s parking lot after a playoff game.
A jury ruled in favor of Stow’s family with a jury verdict of $18 million to compensate for his brain injuries, and other pain and suffering sustained that night because of the baseball team’s lack of security that night. Former owner Frank McCourt was not held liable.
Many instances of negligent security happen so often throughout the country on a daily basis, especially with the tension and angst that currently exist in our society. Some places where you can potentially become a victim of negligent security include:
- Shopping Centers
- Hotels
- Schools
- Parking Garages
- Apartments
- College Dorms
- Night Clubs/Bars
- Concert Venues/Outdoor Festivals
If your injury could have been prevented or reduced with adequate security, it is best to seek legal counsel as soon as possible to see if you can be compensated for the pain and injury you sustained.
If you are trying to prove the premises and their security were at fault, ask yourself the following questions:
- Did the premises have adequate surveillance and security cameras?
- Was the area of your incident well-lit and had good lighting overall?
- Were security measures (locks, fences, barriers, etc.) in place at the time and location of your incident?
- Did the venue/company perform detailed background checks on the hired security personnel?
- Was security personnel properly trained before the accident?
- Was the premises adequately staffed to accommodate the number of visitors present during your encounter?
Suppose you answered “no” to any or all of these questions. In that case, you have a premises liability claim of negligent security on your hands, and we advise you to contact one of our California premises liability lawyers now to discuss your rights as a victim and to see if the circumstances of your premises liability accident qualify you for compensation.
Injuries Suffered in Premises Liability Claims
Premises liability accidents can result in a wide range of injuries, depending on the circumstances of the premises liability accident and the hazards present onpublic or private property. Some common types of injuries sustained in premises-related liability accidents include:
1. Slip and fall injuries:
Fractures (e.g., broken bones)
- Sprains and strains
- Soft tissue injuries (e.g., bruises, contusions)
- Head injuries (e.g., concussions, traumatic brain injuries)
- Back and spinal cord injuries
2. Trip and fall injuries:
- Similar to slip and fall injuries, including fractures, sprains, strains, and head injuries
3. Injuries from falling objects:
- Head injuries
- Neck injuries
- Traumatic brain injuries
- Fractures
4. Elevator and escalator injuries:
- Crush injuries
- Traumatic amputations
- Fractures
- Soft tissue injuries
5. Swimming pool accidents:
- Drowning and near-drowning injuries
- Head injuries
- Spinal cord injuries
- Fractures
6. Dog bites and animal attacks:
- Lacerations and puncture wounds
- Infections
- Scarring and disfigurement
- Emotional trauma
7. Electrical injuries:
- Burns
- Cardiac arrest
- Neurological damage
- Muscle and tissue damage
8. Fires and explosions:
- Burns
- Smoke inhalation injuries
- Traumatic injuries from blasts or debris
9. Toxic exposure:
- Chemical burns
- Respiratory injuries
- Neurological damage
- Organ damage
10. Assaults and criminal acts:
- Physical injuries (e.g., bruises, fractures, lacerations)
- Psychological trauma
- Sexual assault injuries
It’s important to note that the severity of these premises injuries can vary widely, from minor cuts and bruises to life-altering or fatal injuries. Premises liability laws holds a property owner accountable for maintaining safe conditions and preventing foreseeable hazards that could lead to these types of injuries.
Financial support may be available for these injuries and damages if the victim can prove that the property owner’s negligence or manager contributed to the premises liability accident. Call an experienced California premises liability lawyer for a free consultation at Bisnar Chase. Call 800-561-4887.
What to do After a California Premises Liability Accident
If you have been injured on someone else’s property, there are several steps you can take to ensure that your legal rights are protected:
- Ensure you file a report with the public or private property owner or manager and obtain a copy. Filing such a report not only documents the incident but also helps pinpoint the date, time, and manner in which the injury occurred.
- Take photos of the scene where the incident occurred. For example, take at least cell phone images with a date and time stamp if you trip on a broken stair. Such dangerous conditions may be repaired right away, and you may lose a valuable piece of evidence.
- Obtain contact information for anyone who may have witnessed the incident. When another person corroborates your account of the incident, it helps bolster your case.
- Do not accept a settlement or sign documents before talking to an experienced California premises liability lawyer. Doing so may jeopardize your premises liability claim. When you accept a settlement agreement, your premises liability case will be closed, and you cannot claim any future expenses related to your injuries.
Immediately call a California premises liability lawyer at Bisnar Chase to determine whether you are entitled to financial compensation if you’ve been injured on public or private property.
Contact a California Premises Liability Lawyer
Our California premises liability lawyers have over 46 years of experience, determination, skill, and ability to take on and win complex premises liability cases.
Other law firms have turned down many of the premises liability cases we have signed and won because of their complexity, lack of resources, and inability to manage, fight, and win the case sufficiently.
We take on complex Los Angeles premises liability accidents and statewide. If you are too injured to travel to one of our five locations, we can come to you to discuss your case.
Call us for a free consultation if you have been injured due to negligent maintenance or premise liability on public or private property. For immediate help with a premises liability case, please call 800-561-4887
