Being a property owner comes with responsibility. If you own or operate property and invite or allow the public on it, you’re legally responsible for making sure that the premises are safe and that there are no hazardous conditions that could bring visitors to harm. That means you’re required to use reasonable care to keep the property danger free.
Premises liability refers to the responsibility of an owner or another party charged with the maintenance of the property for injuries that happen because of an unsafe condition on the property. The most common causes of injury are slip, trip, and fall accidents, but there are many other possible accidents: swimming pools accidents, electrocutions, fires, explosions, collapsing roofs, broken glass, animal attacks, falling objects from merchandise displays, and negligent security. Premises liability can arise from accidents in homes, grocery stores, malls, apartment complexes, theaters, recreation centers, gyms, amusement parks, government buildings, schools, office buildings, warehouses, farms, parks, playgrounds, and open land.
While a property owner of property has a legal duty keep the property safe from dangerous conditions, other parties can be responsible as well: managers, tenants, and various contractors often share in the responsibility for the safety of the premises and may be held liable for injuries that occur there.
Whoever is in control of the property is expected to inspect it to ensure that no hazards exist. If a problem is discovered, it should be remedied promptly. In the meantime, warnings and barriers should be placed to warn the public of the danger.
When an injury does occur it’s important for the victim to speak with a premises liability lawyer as soon after the accident as possible. It takes experience and knowledge of California’s premises liability laws, as well as access to investigators and experts to gather and analyze evidence while it’s still available in order to know exactly how to proceed and against whom.
Handling the Insurance Adjuster
Insurance companies are usually quick to place the blame on the victim. Their adjusters often try to get the injured party to make a recorded statement in which the adjuster carefully words a question or statement to elicit a response that can be misinterpreted or taken out of context and used to diminish the value of a case. They often try to get signed unlimited medical authorization to use to conduct a fishing expedition of the victim’s lifetime medical history, trying to dig up anything they can use to deny that the injury was caused by the accident. If you’ve been injured on someone’s premises, avoid talking to an insurance adjuster and never sign anything until you’ve talked to a lawyer.
Premises Liability Lawyer for the Bay Area
At the law offices of Louis Abronson in San Jose, you will find the experienced representation you need when pursuing a California premises liability claim. We know that those responsible for the maintenance of a property often rush in to correct a danger after the fact. We know the tactics insurance companies use to try to minimize or deny a claim and how to handle them. We are committed, knowledgeable, skilled, and aggressive. We are negotiators and litigators who will tirelessly seek the best result for our clients, even when that means taking your case to a jury.
Contact the Abronson Law Offices for a free, no-obligation consultation about your premises accident. We’ll take a close look at the facts and the evidence and discuss your options with you. Because we take cases on a contingency fee basis, you’ll never pay attorneys fees unless we win.
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