As the economic, political, and cultural hub of the Inland Empire, San Bernardino has thousands of businesses, hundreds of thousands of residential dwellings, and dozens of public facilities. One thing that the owners, possessors, or managers of these properties all have in common is the requirement that they regularly inspect the premises in search of hazards that can cause injuries to guests. When hazardous features are found, the possessor of the property is required to promptly mitigate it, and to post prominent warning signs near hazards that have yet to be repaired.
If you have been injured because of the negligence of a property owner, a San Bernardino premises liability lawyer can help you with the process of seeking compensation for the financial and psychological costs of your injury through a personal injury claim. This is a claim that is first filed against the relevant liability insurance policy held by the property possessor, such as a business liability policy if the accident occurred on a commercial or public property, or a homeowner's or renter's policy if the accident occurred at a private residence.
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Premises liability is the legal concept that the one who possesses a property is responsible for protecting their visitors from injury. Failing to repair or mitigate known hazards and to warn guests of their presence can result in a personal injury claim made against their property or business insurance. There are limits, however, to the responsibility of the property owner. For example, property owners and possessors are not responsible for protecting trespassers from harm, beyond not luring them onto the property for the purpose of causing injury to them.
The elements that must be present in the case in order for an injured party to be eligible to file a premises liability claim include:
A premises liability lawyer will be able to define these elements for you before submitting your claim.
Premises liability accidents fall under the wide umbrella of personal injury law. The most common kind of premises liability claim involves a slip-and-fall accident, which occurs when an individual sustains an injury as a result of slipping or tripping and falling over a property hazard such as liquid or debris on the floor, damaged floor tiles, or potholes in parking lots. Those who control a property are obligated to protect guests from risks of fires and floods by properly maintaining the property. In warm climates like California, another common cause of a premises liability claim is a swimming pool accident. Elevator or escalator accidents can also result in a slip-and-fall claim, as can injuries occurring at amusement parks.
It should be noted that not all property hazards involve the property itself. Many accidents involve the criminal activity of others allowed to be on the property, and those in control of the property also have an obligation to protect visitors from this criminal activity by taking reasonable actions such as installing security cameras, providing locks on doors of apartments or hotels, or providing security personnel at night clubs.
Dog bite injuries are also covered by premises liability law, as dog bite injury claims are generally filed against the owner’s, homeowner’s, or renter’s insurance policy. California is a strict liability state when it comes to dog bites, meaning the owner of the dog is liable for injuries caused to others even if they had no reason to believe their dog was capable of behaving aggressively.
Many individuals who are injured as a result of someone else’s negligence are reluctant to seek the assistance of a premises liability attorney when navigating the personal injury claims process. Personal injury attorneys work on a contingent fee basis, meaning you do not have to pay for your attorney’s services until there is a positive resolution to the claim. This resolution can come by way of:
The personal injury claims process can be overwhelming for claimants. Even with the assistance of an attorney, the major decisions to be made about your claim, such as accepting an offered settlement or filing a lawsuit, are yours to make. Your attorney’s role is to provide the experience and guidance you need in order to make decisions that are in line with your best interests.
The experienced legal team at Kash Legal strongly believes that a clients’ success determines our own. By partnering with our clients, we are able to collaborate with them, have a greater understanding of their needs, and are better able to meet those needs. While many law firms are focused on getting a quick and easy settlement, we are focused on getting the most compensation we can, even if that means going to court to do so.
Let an experienced San Bernardino premises liability attorney from Kash Legal evaluate your case for free, answer the legal questions you have about the process of seeking compensation, and tell you about the services we can provide to assist you with your claim. For your free case evaluation, contact us at (888) 527-4128 or by using our contact form.
We will be in touch within 24 hours.
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