San Bernardino Premises Liability Lawyer

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Whether you visit a business, a home, or a piece of land, most property owners have a duty to keep you safe while you are on their premises. If they fail and you are injured due to their negligence, a premises liability suit can be brought against them for damages. Our San Bernardino premises liability lawyers can help you hold the property owner accountable. Call us at (951) 688-0006 or reach us online to schedule a free consultation.

Why Choose Our San Bernardino Premises Liability Lawyers? 

  • We vigorously fight for the rights of premises liability victims and will not settle for less than you deserve. 
  • We have more than 20 years of experience and have secured millions in compensation on behalf of clients. 
  • We take premises liability cases on a contingency fee basis, so there are no upfront costs, and you only pay if you win.

How Can a San Bernardino Premises Liability Attorney Help?

With a San Bernardino personal injury attorney’s extensive experience, resources, and network of industry professionals, you can feel confident in knowing that they will determine the cause of your accident, establish liability, and build a solid case. Property owners are not responsible for all injuries that occur, and you must be able to provide evidence of negligence on behalf of the owner or manager. When filing a claim against the property owner, their insurance company will likely try to devalue your claim by shifting blame for the accident on you. If they’re successful, it can prevent you from recovering the compensation you deserve. An attorney can help you protect your rights, gather the necessary evidence to prove the owner’s failure to use reasonable care, and negotiate a settlement to fully cover your losses. 

Property Owners’ Duty of Care in San Bernardino

Every San Bernardino property owner has a legal duty to keep their premises reasonably safe for permitted visitors and to warn of any dangers. This duty also extends to entryways and exits, including parking lots. When a property owner is aware of a hazardous area on the property, it is their responsibility to fix the issue, keep the area blocked off, and warn visitors until it is repaired. As a result, property owners can be liable for any injuries that occur on their property if they are caused by a dangerous condition that they either knew of or should have known about.

Common Types of Premises Liability Accidents in San Bernardino

A wide variety of property-related injuries can lead to a premises liability claim. Legal action is often taken after one of the following common accidents, all of which our San Bernardino accident attorneys can help you with:

  • Slip and falls 
  • Swimming pool accidents
  • Elevator / escalator accidents
  • Inadequate security
  • Break-ins or assaults in a hotel or residential complex
  • Debris or objects in walkways
  • Poor lighting
  • Chemical exposure
  • Staircase accidents
  • Dog bites / animal attacks
  • Preventable fires

Depending on the circumstances of your accident, the resulting injuries can be severe and long-lasting or possibly permanent. If your loved one suffered a wrongful death in San Bernardino due to the negligence of someone’s property, our attorneys are prepared to fight for you. Common injuries include soft tissue damage, lacerations, broken bones, head injuries, traumatic brain injuries, spinal cord injuries, and other back injuries. 

san bernardino premises liability lawyer

Types of Compensation Available in a San Bernardino Premises Liability Claim

The following types of compensation are often available in a premises liability claim: 

  • Current and future medical expenses;
  • Current and future lost income and benefits;
  • Diminished earning capacity;
  • Pain and suffering;
  • Emotional distress;
  • Disability;
  • Disfigurement;
  • Loss of enjoyment of life, and more.

California is a pure comparative fault state. Meaning you can recover compensation even if you were partially to blame for your accident. However, your total compensation will be reduced in proportion to your fault. For example, if you are awarded $500,000 and found 60% to blame, you will only receive 40% or $200,000. 

Do You Have a Premises Liability Case in San Bernardino?

To successfully pursue a premises liability claim, your case must contain the following elements:

  • The owner was in control of the property at the time of your accident and injury.
  • The owner was negligent in inspecting or maintaining the property creating an unreasonable hazard.
  • The owner knew or should have known about the dangerous condition, but failed to take action by either fixing it or warning visitors. 
  • The owner’s negligence directly led to your injuries and losses.
  • You suffered damages (e.g., medical bills, lost wages, pain and suffering, etc.).

Whether or not you can recover compensation will also depend on your status on the property and whether you were legally allowed to be there. 

Your Status on the Property

The level of responsibility a property owner owes visitors to their property is primarily based on the status of those who enter the premises. There are three main categories of status a person can have: 

Invitees

Individuals who are on the property with the express consent of the owner, manager, or a staff member. Typically an invitee is on a property for a business transaction— for example, a customer at a restaurant or retail establishment or a plumber fixing a pipe in someone’s home. Invitees are owed the highest level of care under the law. As a result, property owners are required to: 

  • Regularly inspect their property for potential hazards; and,
  • Take reasonable precautions to protect invitees from foreseeable dangers, such as properly maintaining the grounds, blocking off dangerous areas, or posting warning signs of known hazards. 

Licensees

A property owner owes a licensee a lower level of care as they are typically a social guest, such as a family member or friend. However, property owners must still correct any known dangerous conditions and warn of potential hazards. 

Trespassers

In cases where an individual enters a private property without invitation from the owner, they are considered a trespasser. Generally, trespassers cannot file a claim against property owners for any injuries suffered on the property unless it is a small child who wandered onto the grounds. 

Common Types of Injuries in Premises Liability Accidents

Since many types of accidents fall under the umbrella of premises liability, there are many different types of injuries a person may suffer that also vary in severity. For example: 

Traumatic Brain Injury

A traumatic brain injury (TBI) can range from mild to severe. However, even a minor TBI or concussion can have long-term consequences. In extreme cases, victims can suffer permanent cognitive or physical impairment.

Severe Bone Fractures

Broken arms, legs, ribs, and pelvis breaks are all common in even minor premises liability accidents. Fractures can take weeks to heal, may require surgery, and activities are typically restricted. 

Back Injuries

Victims can suffer all kinds of back injuries, such as herniated or bulging discs, disc fractures, spinal cord injuries, paralysis, and others. These injuries often result in chronic pain and lifelong complications.

Whiplash

A sudden jolt to the body can cause muscles in the neck to become strained when they try to protect your brain and spine, causing what is known as whiplash. Whiplash is a common injury in a fall and can take significant time to heal. 

Scarring and Disfigurement 

Lacerations or burns can occur, and if severe, they can cause long-term damage and significant scarring.

Internal Bleeding

Damage to internal organs can be life-threatening if not treated immediately. 

Wrongful Death

If a premises liability accident causes a victim’s death, the surviving family has the right to file a wrongful death claim for damages.

Several of these injuries may be immediately apparent after a property-related accident, but some severe injuries can have delayed symptoms. As a result, it is critical to seek medical care as soon as possible to protect your health, and the records will assist you in pursuing a claim. 

Time Limits on Filing a Premises Liability Lawsuit

Each state imposes a statute of limitations on premises liability cases, limiting the amount of time a person has to file a lawsuit for compensation. Starting from the date of injury, you have two years to file a premises liability claim in California (Cal. Civ. Proc. Code § 335.1). There are limited exceptions, and most often, if you file after the statute of limitations has passed, the courts will dismiss your claim, and you will be unable to recover compensation. 

What to Do if You Have Been Injured on Someone Else’s Property

If you are injured on another person’s property, there are critical steps to take to protect your legal rights:

  1. Call 911 if you are severely injured. Emergency responders will arrive to treat you and transport you to the hospital if necessary. 
  2. If you do not believe your injuries require a trip to the hospital, try to remain at the scene and document as much as possible. Take photos of the property where you were injured, the dangerous conditions, and your injuries. 
  3. Report the injury to the property owner/manager, and ask for contact information for them and any witnesses. However, refrain from signing an incident report or any other documents until you consult a lawyer. If there are witnesses, ask if they are willing to make a short recorded statement of what they saw on your phone. 
  4. Seek medical care as soon as possible. Severe injuries can have delayed symptom, and you need medical records linking any injuries to the incident. 
  5. Speak to a San Bernardino Premises Liability Attorney. Many offer free consultations, which you can use to discuss your accident, legal options, and what steps to take next.

Contact Our San Bernardino Premises Liability Lawyers

Contact our San Bernardino Premises Liability Lawyer at Hanson & Mouri to discuss your legal rights and options. We offer a free consultation. Call (951) 688-0006 or send us a message online today. 

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