Premises Liability is an area of law that holds property owners responsible for taking reasonable measures that ensure the safety of guests and visitors. Whether it be a commercial business or a private homeowner, a property owner owes a duty of care to those who are legally on their premises – and they can be held liable for any acts of negligence of failures to uphold their legal responsibilities when victims suffer preventable harm as a result.
If you or someone you love has been injured while on another’s property, you may have the right to pursue a premises liability case against the property owner. At Habbas & Associates, our personal injury lawyers leverage more than 175 years of collective experience to conduct investigations, determine an accident’s underlying cause, and hold property owners liable for damages in and out of the courtroom. Over the years our firm has been serving victims across Modesto and the surrounding areas of central California and the Bay Area, we have proven that our experience can make the difference when it matters most.
Trust a law firm that has recovered hundreds of millions of dollars in verdicts and settlements for the injured. Call Habbas & Associates at (888) 387-4053 to request a FREE consultation.
Types of Premises Liability Cases
Every accident and injury case is unique, and driven by the individual facts and circumstances involved. However, there are a number of common scenarios that can lead to premises liability cases, including:
- Property owners that fail to address hazards they created
- Property owners that fail to address potential dangers they knew or should have known about
- Failures to warn visitors and guests about potential hazards
- Slip and fall accidents caused by uneven surfaces, tripping hazards, and wet or slippery floors
- Insufficient lighting or unsafe stairs and handrails that lead to falls
- Negligent or inadequate security
- Swimming pool accidents
- Nightclub injuries
- Day care and child injuries
Based on the factors involved, victims must prove that property owners could reasonably foresee how certain conditions on their property could lead to preventable accidents and injuries, as well as how property owners failed to address them in an appropriate manner. When premises owners fail to fix dangerous conditions they caused, address hazards they knew or should have known about (including tripping hazards and threats of third-party assaults), or fail to warn visitors and guests, victims may have the right to hold them accountable for the harm they suffered.
Do I Have a Premises Liability Case?
Whether or not you have a potential premises liability claim will depend on where and how you were injured. General elements to consider include:
- You were lawfully on another’s property – First and foremost, your accident and injury must have taken place while on another’s property – and while you were a lawfully permitted guest. Under premises liability law, visitors, guests, and others who have permission of property owners to be on the premises (such as a contracted worker) are able to hold property owners liable for damages they caused. In most cases, with the exception of some cases involving young children who wandered onto another’s property, trespassers are not covered by premises liability laws.
- A property owner failed to address potential hazards – Per their legal duty, a premises owner must take reasonable measures to fix or address potential hazards they create or know or should have known about, especially when those hazards can foreseeably cause harm. If timely fixes cannot be performed, they also have a duty to adequately warn visitors and / or barricade potential hazards.
- You suffered damages – In order to have a valid claim for compensation, you must have suffered actual damages as a result of unsafe conditions on another’s property. This can include suffering painful injuries in a slip and fall accident, as well as damages such as lost wages, medical expenses, and emotional anguish, among others. Our team works zealously to calculate victims’ full scope of damages in order to recover the maximum compensation possible.