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San Bernardino Premises Liability Lawyers

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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Failure to put up warning signs when there are known hazards

What Is Premises Liability?

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:

The at-fault party owned, leased, occupied, or otherwise controlled the property.

The at-fault party was negligent in the use or maintenance of the property.

The at-fault party's negligence was a substantial factor in the cause of the claimant's injury.
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The claimant incurred damages from the incident, such as medical costs.

A premises liability lawyer will be able to define these elements for you before submitting your claim.

What Types of Accidents Can Result in a San Bernardino Premises Liability 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.

What Can an Attorney Do to Help With Your Claim?

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:

  • An outright payment of a claim that your attorney has valued properly to reflect not only the costs that were incurred in treating the injury you sustained in the accident, but also reflects the severity of the injury and the long-ranging impacts it has on your quality of life.
  • A negotiated settlement in which your attorney has provided management of communication with the at-fault party’s insurance provider and has presented ample evidence in order to obtain a fair settlement offer on your behalf.
  • A court decision in which your attorney has properly filed a personal injury lawsuit within the statute of limitations and has presented your claim in order for a judge or jury to determine liability and fair compensation.

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.

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Contact an Experienced San Bernardino Premises Liability Lawyer from Kash Legal

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.

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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.

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