Fresno Accident Attorneys
Fresno Accident Attorneys
Premises Liability Attorney in Fresno
Fresno County has around 400,000 housing units as of 2021. This includes apartment complexes, residential houses, and townhomes. Besides car accidents, accidents could also occur on residential properties. Our Fresno premises liability attorneys are available to help you in this type of situation. Besides car accidents, you also have the right to recover compensation from a landowner or a property manager in the event that you have been injured on another person’s property.
This type of lawsuit is known as the premises liability lawsuit. Premises liability is a legal idea that holds a land owner or manager responsible for any injuries that occur on their property. Premises liability includes both commercial and residential properties.
Where do premises liability accidents occur?
Premises liability accidents could occur almost anywhere on another person’s property. Some common examples include:
- Residential homes
- Apartment complexes
- Vacation homes
- swimming pools
- Amusement parks
- Parking lots
Fresno Premises Liability Laws
Fresno follows state level laws when it comes to a premises liability lawsuit. In California, a land owner or land manager has a duty. This means that the injured party must have to prove key elements when filing a lawsuit. these elements include:
- The landowner or property manager had a duty to keep the property safe from any dangerous conditions
- The landowner or property manager failed to take any action to keep the property safe, or negligently took action to keep the property safe but failed
- Because the landowner or property manager failed to take safe actions, the accident occurred
- The injured party now has injuries
What are the duties that a property owner has in California?
Under California laws, a property owner should:
- Inspect the property for any dangerous conditions
- Warn any property guests of dangerous conditions
- Repair dangerous conditions
- Maintain the property
- Hire security
- Clean the property
How can you keep a property safe?
Under premises liability, the property owner or property manager has a duty to make sure that they keep their property safe. Examples of how a property could be kept safe and the premises liability duty could be followed are:
In the event that the property has a swimming pool
- The property owner should install a fence around the swimming pool to prevent any young children or young adults from falling into the pool and suffering a swimming pool accident. Other types of safety devices could also accompany a pool or handrails and childproof locks for the swimming pool gate.
- The property owner should probably store all cool chemicals in an area that does not have access by children.
- The property owners should remove any toys or objects around the pool to prevent any trips and falls.
- If the swimming pool is open to the public, the landowner must make sure that there are no puddles to prevent a slip and fall accident.
If the property has a staircase
- The property owner should install a properly fastened rail around the staircase
- The property owner should make sure that there are no objects on or near the staircase to Prevent any trip and fall accidents
- The property owner should install proper lighting to prevent any accidents while guests are going up the stairs
If the property has a dog
- The property owner should make sure that the dog is leashed at all times
- The property owner must make sure that the dog is kept away from others if they have a history of dangerous propensities to prevent any dog bite accidents
If the property has a parking structure
The property owners should hire proper security to prevent any type of assaults
If the property has a building
The property owner should follow all building safety codes
If the property has beds
The property owner must make sure that the beds are free from any bed bugs. This has recently been a topic of concern for the California legislature.
If the property is a construction site
- The property owner must make sure that all employees are using their tools properly
- The property owner must make sure that the construction zone is closed off from other members of the public
If the property has an elevator
The elevator must constantly be maintained, especially the electrical wiring
What are examples of dangerous conditions?
- slippery floor
- objects on the floor
- lack of security
- lack of proper lighting
- lack of warning signs
- loose floorboards
- no handrails for staircases
- open chemicals
- open electrical wiring
- rotted wood
- broken steps
- broken sidewalks
What type of compensation could I recover if I have been injured on another person's property?
- medical bills
- physical therapy
- prescription medication
- lost wages
- future lost income
- pain and suffering
Who could I hold responsible if I am injured on another person’s property?
The person you could hold responsible and file a lawsuit against depends on the circumstances of the premises liability accident. For more information, we recommend that you speak to our highly qualified premises liability Fresno attorneys. Below are some examples of parties that could be held responsible:
- Property managers
- Retail store
- Restaurant owner
- Store owner
In order to file a premises liability lawsuit, you must show that the party is responsible or controlled or possessed the property at the time of the accident.
Could I still file a premises liability lawsuit if I was a trespasser?
In California, the laws may be different for those that have trespassed on another person’s property. Other states do not give trespassers rights if they are injured on another person’s property. But, in California, the jury must take a look at all circumstances of the accident, including:
- the location of the accident
- the condition of the property
- the severity of the injuries
- if there have been trespassers in the past
Could my homeowners insurance pay for a premises liability lawsuit?
In the event that you have been injured on another person’s property, you could also file a claim with that property owner’s insurance company. Homeowners usually have homeowners insurance that protects them in the event that another person has been injured on their property. But, there are certain injuries that are not covered, such as intentional injuries. If you have been intentionally injured on another person’s property, you would have to file a civil lawsuit against them.
Promises Liability Slip and Fall Accidents
Slip and fall accidents are one of the most common types of accidents that occur when a premises liability lawsuit is filed. Slip and fall accidents could cause very severe injuries, such as traumatic brain injuries and spinal cord injuries. These injuries will take months, even years to heal from. This is why we recommend that you get medical attention as soon as you have been injured on another person’s property. Getting evaluated by a medical professional will also assist your attorney when filing a premises liability lawsuit.
Call Us If You Have Been Injured On Another Person’s Property
Our experienced premises liability attorneys are able to assist you in the event that you have been injured on another person’s property. California places duties on property owners, and if a property owner does not take safety measures, they could be held responsible for the injuries others have suffered. Give us a call today to discuss your case.
Our Fresno accident attorneys at Megeredchian Law have decades of experience holding property owners accountable for their negligent actions. Call us today to schedule a free consultation.