Your Guide to California Premises Liability Laws

• Posted on: April 11, 2019

• Premises Liability

Under California premises liability laws a person who was injured on someone else’s property – whether the property was owned/managed by a business, an apartment complex, a private homeowner, or a government entity – may be entitled to financial compensation for their damages. Indeed, negligent property owners can be held financially responsible for injuries through a premises liability claim. Our legal team highlights the key things you need to know about California premises liability laws.

California Premises Liability Claims are Based on Negligence

Under California law (California Civil Code 1714(a), property owners and property occupiers – including businesses that are renting commercial space – have a legal obligation to look out for the safety of customers and other invited individuals. If an injury occurs because of a property owner’s failure to keep their premises in reasonably safe conditions, then they may be held legally responsible for the victim’s damages. What constitutes ‘reasonably safe’ depends on what a prudent property owner would have done in similar circumstances. Of course, establishing fault in a premises liability claim is not always easy. Plaintiffs must prove the following:

• The property owner or occupier owed the victim a duty of care
• There were unreasonably dangerous conditions on the property – meaning the defendant violated their duty of care
• The breach of duty (negligence) was, at least in part, the cause of the victim’s accident
• The victim suffered real harm in the accident

Compensation Available Through a Premises Liability Claim

Most premises liability lawsuits are defended by insurance carriers. These companies are aggressive. If you are considering filing a premises liability claim, you should avoid making a statement directly to an opposing insurance company. They will try to use your words against you. Instead, it is better to work with insurance adjusters through your personal injury lawyer. Our San Francisco premises liability attorneys can help you seek damages for:

• Emergency medical treatment
• Other medical bills
• Lost current and future wages
• Pain and suffering
• Emotional distress
• Scarring or disfigurement
• Permanent physical impairment
• Wrongful death of a family member

What to Do If You Were Injured on Someone Else’s Property

In far too many cases, injured victims fail to take the proper steps to protect their rights. If you were hurt at a California business, or you were injured on someone else’s property, please be sure to do the following four things:

1. Seek professional medical attention;
2. Secure any relevant evidence;
3. Report the accident to the business or property owner; and
4. Consult with an experienced San Francisco premises liability lawyer.

Your lawyer will launch an immediate investigation of your accident – gathering important evidence and building a strong legal claim to help you get the full financial compensation you deserve.

Speak to an Oakland Premises Liability Attorney Today

At Bracamontes & Vlasak, our Oakland premises liability lawyers handle all types of premises liability claims and therefore know California premises liability law. If you or your loved one was injured on someone else’s property, we can help. To get a free, no-obligation review of your case, please call us today at 415-835-6777. We represent injured victims in Oakland, San Francisco, and throughout the Bay Area.