Premises Liability Lawyer Ventura County
When we go out to eat or shop the last thing we think about is what happens if we get injured while walking around? Entering different businesses or private homes, we are creating an unspoken contract. The contract is that those who own the property are promising to create a safe environment for people to engage. The reciprocated promise is that those who are visiting promise to act in a reasonable way while staying on the property. This means that visitors aren’t intentionally looking to fall and hurt themselves or participating in behavior that would foreseeably result in an injury occurring.
When someone slips and falls due to a wet floor, the owner of that property is in trouble. he or she is responsible for not taking the precautions to share with the visitors that this floor is wet. The same goes for people who trip to public property as well. Typically in private homes, slips and falls don’t really occur due to wet floors. Instead, animal or dog bites occur as well as swimming pool injuries. As you can see, the more we think about all that can happen on the property the more we realize how committed we are to these silent contracts.
If you or a loved one has suffered an injury due to the negligence of someone’s property then you reach out to our attorneys at Ventura County Law Offices of J. Jeffrey Herman. With over 30 years of working within the Ventura and Santa Barbara County, our attorneys know what it takes to ensure that a premises liability claim is successful. We are dedicated to ensuring that all documents and investigations are done with the utmost attention to detail.
Most injuries that occur from premises liability are slip and falls or animal or dog bites. Slip and falls occur when a property is not properly up kept. For example, if you walk onto a property with defective staircase, unsecured rugs or carpets, or loose floorboards then your chances of falling are highly increased. The property is acting negligently if they are not taking care of these situations where someone can trip or slip and fall. As for animal or dog bites, property owners are liable for their animals. They are responsible for keeping it away or training it to ensure that it does not bite anyone. Property owners are responsible for ensuring that their property is safe for people to visit.
Premises Liability Attorney Ventura County FAQ
If you or a loved one have been injured due to the careless or negligent actions of a property owner or employee, please seek legal assistance as soon as possible. At the Law Offices of J. Jeffrey Herman, our Ventura County premises liability attorneys are going to use their resources to investigate your case to secure the compensation you deserve.
What Is Premises Liability?
Whenever someone suffers an injury or property damage due to another’s negligence, you may be eligible for a premises liability case. These claims involve properties that are either defective or unsafe. Our Ventura County premises liability lawyer explains this topic.
Some of the most common examples of premises liability claims include slip and fall accidents at the grocery store, suffering injuries from tripping on ice or snow that accumulates outside big stores, drowning in swimming pools, or suffering from an attack at a building complex because of inadequate security.
Invitees like guests, tenants, occupiers, and licensees such as individuals and companies with official permission to be on the property file these claims when they suffer an injury on another’s property. A lot of the time, trespassers, aside from children, are not able to file premises liability claims because they have no permission in the first place to visit the property.
What Is Premises Liability Coverage?
No matter the size of the building, it must carry premises liability insurance coverage. This form of protection covers businesses and individuals who suffer injuries—properties like workspaces, studios, workshops, offices, and parking lots, among many others. It does not make a difference if they own the building or are renting.
Insurance covers accidents that occur on the property. Slipping and falling is a big one in addition to dog bites, attacks, drowning, exposure to toxic chemicals, or other personal injuries.
In comparison to general liability claims, premises liability cases offer coverage for damaging another’s property, accidental copyright infringement, or third-party bodily injuries that happen in the workplace.
What Accountability Does A Property Owner Have For Criminal Conduct on The Premises?
Premises liability laws hold property owners, business owners, or management accountable for injuries an individual sustains on the property. However, it is up to the victim to establish that the business owner, property owner, or management’s negligence was the cause for injury.
Who Should A Premises Liability Case Be Made Against In A Lawsuit?
Filing premises liability lawsuits mean the property owner or management is legally responsible for all damages and injuries. The law states that property owners who occupy the premises must make reasonable efforts to keep the premises safe—fixing any defects and barricading hazardous areas that could lead to an accident all fall under this realm.
Is premises liability only for slip and fall accidents?
It is true that slip and fall accidents make up a large percentage of premises liability cases. Slip and fall incidents cause nearly one million people to seek treatment in hospitals for their injuries each year across the country. Slip and fall (as well as trip and fall) incidents happen in a variety of ways, including:
- Floors wet from spills or roof leaks
- Failure to put a wet floor sign up after mopping
- Loose carpeting or floorboards
- Loose stairs
- Low-lying obstacles (merchandise, shelving, boxes, etc.)
- Uneven walking surfaces
However, slip and fall incidents are only one type of premises liability cause. Others include:
- Inadequate maintenance on the premises
- Defective conditions on the premises
- Elevators and escalator incidents
- Swimming pool accidents
- Inadequate security leading to a person’s injury or assault
- Dog bites
- Amusement park or waterpark accidents
- Construction site accidents
- Accidents occurring on private residences
- And more
What is a “duty of care” in a premises liability case?
Most jurisdictions require a property owner to exercise reasonable care in the ownership and maintenance of their property when it comes to protecting anyone who might come onto the property. California law requires a person to keep their property in a reasonably safe condition. Their duty of care obligations include:
- Maintaining their property
- Inspecting their property regularly
- Repairing any potentially dangerous conditions
- Giving adequate warnings about unsafe or dangerous conditions
What kind of compensation is available for a premises liability case?
There are various types of compensation available if you are successful in a premises liability case. This can include special damages (economic damage) as well as general damages (non-economic damages).
- Special damages include things that can be assigned a monetary value such as a person’s medical bills and their lost income if they cannot work. These damages can also include the cost of expected future medical expenses as well as a person’s loss of earning potential and future income.
- General damages include things that are harder to assign a monetary value to, such as a person’s physical and mental pain and suffering, emotional harm, etc.
How Much Are Premises Liability Lawsuits Worth?
The value of a premises liability lawsuit depends on certain factors, which is why you should consult a Ventura County premises liability lawyer. For instance, a case’s unique circumstances will determine a victim’s compensation after settlement. These cases are complex and challenging because they require serious investigation into accidents and injury. The severity of the injury is also a contributing factor. Damages that usually result in premises liability lawsuits are:
- Hospitalization costs
- Medical expenses
- Cost of rehabilitation, therapy, or future surgeries
- Loss of wages
- Future lost earning capacity
- Funeral and burial costs in wrongful deaths
- Mental anguish
- Emotional distress
- Pain and suffering
- Accident-related losses like hiring a housekeeper or nanny to help with physical activity the victim can no longer perform since suffering their injury.
Are these cases difficult to win?
Each case is different and largely depends on the evidence that can be gathered to prove that your injuries were caused by the negligence of the property owner or their employees. If you or someone you love has been injured due to the negligence or carelessness of a property owner, please call the Law Offices of J. Jeffrey Herman today. We will get to work investigating your case so we can secure the compensation you deserve.
What To Do
If you or loved one is injured while on someone’s property, whether it be commercial or private, then call 805-983-2344 or click here to consult with our attorneys at J. Jeffrey Herman. With our experience and expertise, we are ready to work aggressively for your case. Don’t let the insurance companies or property owners intimidate you. You have your rights and we will ensure that you get fairly compensated for the injuries that you incurred from the negligent property. We look forward to hearing your story and serving you.