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Premises Liability Claims in Sacramento

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Legally reviewed by
Jonathan M. Kashani
July 8, 2024

California state law dictates that property owners owe a duty of care to invitees and licensees visiting their properties, whether commercial or residential. Premises liability law, therefore, addresses instances of dangerous accidents resulting from the negligent actions of property owners and managers. Premise liability law sorely places the responsibility for safety on the property owner—to inspect the premises for hazards and maintain safety standards.

Visitors of any kind, whether for official or recreational purposes, who access the premises and are injured due to the property owner's negligence have the legal right to hold the owner responsible. Due to the property owner's negligence, you may have grounds to seek financial compensation for damages from the accident. If you've been injured or lost someone due to a property owner's negligence, get in touch with our dedicated Sacramento premises liability lawyers at Kash Legal, who will exhaust every legal avenue to bring you the compensation you deserve.

How Do You Determine Whether You Have a Valid Premises Liability Claim?

A premise liability claim is filed when an accident occurs. But only if the plaintiff has a reason to believe the property owner knew or should have reasonably known of a hazardous condition on their premises and failed to address it, which led to the accident.

However, you need to prove the following for your claim to be valid:

  • The property owner/manager is responsible for maintaining the property
  • The property owner knew of a lurking risk, but they neither fixed it nor warned visitors about it
  • The property owner’s negligence in maintaining the property led to your accident

There are numerous property liability claims which may involve different accidents. Slip-and-fall accidents are common and can be caused by highly polished surfaces, wet floors, unstable floorboards, or uneven walking surfaces. Other common accidents include:

  • Dog bites
  • Trip-and-falls over wires, cords, frayed carpeting, or low-lying obstacles
  • Falls from poorly kept floors and ceilings
  • Falls from collapsed balcony or staircase
  • Falls from stairs with no handrails
  • Falls from poorly lit stairways
  • Assault due to lack of security within the property
  • Infections from untreated black mold within the property
  • Swimming pool accidents from poorly maintained/supervised pools
  • Escalator/elevator accidents due to poor maintenance
  • Fires from old wiring or leaking gas pipes

To have a valid premise liability claim, you must prove the property owner/manager was negligent. They knew about their property’s hazardous condition but took no action to remedy the situation.

Note: Property owners who own and maintain public spaces owe a duty of care to the general public. However, private property owners only owe a duty of care to those lawfully on their premises—if you got injured while trespassing, you likely don’t have a valid claim.

Injuries Sustained Due to Property Hazards

Premise liability accidents can result in severe injuries. Common injuries associated with premise liability accidents can include:

  • Traumatic brain injuries
  • Spinal cord fractures
  • Broken bones
  • Sprains
  • Burn injuries
  • Property damage

It’s advisable to get a thorough medical checkup immediately after the accident. A medical professional can identify internal injuries you may have sustained in addition to any superficial injuries. Additionally:

  • Take photos of your injuries and the hazardous conditions that led to the accident
  • Report the accident to an employee or the property owner/manager

Get a detailed medical report documenting your injuries from the doctor. A Sacramento premises liability lawyer will use that information to guide you in calculating the compensation you are owed.

What Is the Compensation for a Premise Liability Accident in California?

Being the victim of a premise liability accident can be complicated and overwhelming if the person responsible is not held accountable. However, with the help of a seasoned Sacramento injury attorney, you could get compensated for both economic and non-economic damages in your final settlement. Damages may include:

  • Medical bills (current and future)
  • Caregiver expenses
  • Lost earnings from time off work
  • Physical and psychological therapy
  • Pain and suffering
  • Lost companionship
  • Reduced quality of life
  • Punitive damages against the property owner
  • Wrongful death (burial and funeral expenses, loss of financial support, loss of companionship, etc.)

Damages suffered from someone else’s negligence cannot all be made better by financial compensation. However, the settlement lets you focus on the essential things; your health, relationships, etc.

Premise Liability and Insurance Coverage in California

Rental property owners have premises liability insurance that covers damages for injuries caused on their property. In contrast, homeowners have personal liability insurance to cover losses suffered due to their negligence.

A Sacramento premises liability lawyer can explain insurance coverage and even negotiate with the relevant insurance company on your behalf. You can be sure they’ll identify and maximize all possible sources of compensation.

How Do You Determine Whether You Have a Valid Premises Liability Claim?

A premise liability claim is filed when an accident occurs. But only if the plaintiff has a reason to believe the property owner knew or should have reasonably known of a hazardous condition on their premises and failed to address it, which led to the accident.

However, you need to prove the following for your claim to be valid:

  • The property owner/manager is responsible for maintaining the property
  • The property owner knew of a lurking risk, but they neither fixed it nor warned visitors about it
  • The property owner’s negligence in maintaining the property led to your accident

There are numerous property liability claims which may involve different accidents. Slip-and-fall accidents are common and can be caused by highly polished surfaces, wet floors, unstable floorboards, or uneven walking surfaces. Other common accidents include:

  • Dog bites
  • Trip-and-falls over wires, cords, frayed carpeting, or low-lying obstacles
  • Falls from poorly kept floors and ceilings
  • Falls from collapsed balcony or staircase
  • Falls from stairs with no handrails
  • Falls from poorly lit stairways
  • Assault due to lack of security within the property
  • Infections from untreated black mold within the property
  • Swimming pool accidents from poorly maintained/supervised pools
  • Escalator/elevator accidents due to poor maintenance
  • Fires from old wiring or leaking gas pipes

To have a valid premise liability claim, you must prove the property owner/manager was negligent. They knew about their property’s hazardous condition but took no action to remedy the situation.

Note: Property owners who own and maintain public spaces owe a duty of care to the general public. However, private property owners only owe a duty of care to those lawfully on their premises—if you got injured while trespassing, you likely don’t have a valid claim.

Injuries Sustained Due to Property Hazards

Premise liability accidents can result in severe injuries. Common injuries associated with premise liability accidents can include:

It’s advisable to get a thorough medical checkup immediately after the accident. A medical professional can identify internal injuries you may have sustained in addition to any superficial injuries. Additionally:

  • Take photos of your injuries and the hazardous conditions that led to the accident
  • Report the accident to an employee or the property owner/manager

Get a detailed medical report documenting your injuries from the doctor. A Sacramento premises liability lawyer will use that information to guide you in calculating the compensation you are owed.

Jonathan M. Kashani

LEGALLY REVIEWED BY

Jonathan M. Kashani

July 8, 2024

Jonathan M. Kashani is the founder of Kash Legal Group, specializing in personal injury law with a commitment to providing personalized client services and high-quality legal representation. He holds a Juris Doctorate with honors from the University of West Los Angeles School of Law and is admitted to practice in all state courts of California and the United States District Court for the Central District of California.

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Call Our Sacramento Premises Liability Lawyers Today

Have you been injured or lost someone because of a negligent property owner or manager? A premises liability claim or a lawsuit is how you get your rightful compensation. However, you will be up against several professionals from property owners, corporations, opposing attorneys, and insurance adjusters. Unfortunately, none of them will have your best interests in mind. However, the accomplished premises liability attorneys at Kash Legal have the experience and knowledge to go up against corporations and insurance companies on your behalf.

They will use their wealth of experience and legal acumen in their determined legal efforts to get you the compensation you are entitled to. We understand that during this difficult time, our client’s health and peace of mind are what they should be focused on. Please don’t hesitate to call us at (916) 892-1263 or fill out our contact form to schedule a free consultation with a Sacramento premises liability lawyer.

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Our Clients Love Us

Jonathan has been great in getting my accident case settled and for more than I expected. They took care of everything for me so I didn't have to deal with any insurance agencies. Highly recommended.

Cynthia R.San Francisco, CA

Kash Legal Group . Jonathan and his team are the best. Never have I delt with such a professional, caring group. They kept in touch and informed me the whole journey. Eileen was so comforting to me. And I would MOST DEFINITELY RECOMMEND THIS TEAM ..

Deanna S.Big Bear, CA

I am super satisfied with the job Kashani and his team had done for me after my car accident. They help me get all the attention I needed after accident plus got me a good compensation. They all are very pleasant and know what are doing, they are very professional and sharp . The group firm assisted me till make sure I was healed and make sure everything was paid by other insurance.

Felipe C.Riverside, CA

After my injury, I contacted Kash Legal in hopes of getting justice for what had happened to me. Kash Legal has helped me achieve that goal, and even during the COVID pandemic, they had always kept fighting and updating me on the case with extreme professionalism. Kash Legal changed my life for the better, and did a fantastic job doing so.

Justin J.Broken Arrow, OK

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