What is Premise Liability?
If you were injured because of unsafe or unmaintained property conditions in Irvine, you are entitled to compensation for your damages. It is the property owner’s responsibility to put ordinary care. Specifically, California Civil Code 1714 obligates property owners to regularly maintain, inspect, and repair the property. Additionally, they are required to give adequate warning to people on their property about hazards.
What are some common causes of premise liability injuries in Irvine?
Some common causes of premise liability injuries that shows the property owner’s negligence includes, but is not limited to
- Lack of Security: The property may lack adequate security to ensure the safety of those on the property. Specifically, the lack of adequate lighting can lead to injuries and unsafe environments.
- Uneven or damaged floors: Floors that are damaged that is not fixed in a timely manner can be dangerous to individuals on the property premises.
- Obstruction of path: Common obstacles include loose cables or broken furniture.
- Weak Infrastructure: Hanging decorations such as lights and parts of the property such as the roof or balcony can collapse due to weak reinforcements.
- Lack of warnings: Many construction sites are roped off for this reason and the same can be said for “wet floor” signs. When there are known hazards present, there should be warning signs expressing that an individual may encounter.
- Dog Bites: If there should not be any animals allowed on the property, there should be notices that are clear to visitors. Similarly, if there is a dog present on the property, it should be clearly warned. Recently, there has been a rise in dog bite accidents in Orange County. Every day, nearly 5 dog bite accidents are reported every day, amounting to more than 1,000 injuries per year. If an accident were to happen on the property, they may be liable for not ensuring a safe environment
- Swimming Pool Accidents: swimming pools are often in many properties whether it be personal or commercial. It is still considered part of the property and under the owner’s responsibility and care
- Fires: In case of fires, the property owner is responsible for adequately addressing the issue and having safety precautions in place. Additionally, toxic chemical fumes from fire or other substances should be closely monitored by the property owner.
- Leaking and flooding: The property owner is responsible for repairing leaks and flooding issues in a timely manner. This should be covered under the regular inspection and maintenance of the property.
Our Irvine Personal Injury Lawyers Represent Clients In The Following Practice Areas:
- Brain Injury
- Bicycle Accidents
- Car Accidents
- Dog Bites
- Hotel, Resort & Vacation Injuries
- Truck Accidents
- Wrongful Death
- Medical Device Injuries
- Motorcycle Accidents
- Pedestrian Accidents
- Slip and Fall Injuries
- Turo Accidents
- Uber/Lyft Accidents
Is the Irvine property owner liable for my injuries?
There are several criteria that must be met to determine if the property owner is liable for injuries and damages.
- The defendant owns or has control over the property
- The defendant was negligent in injury by not providing ordinary care
- The negligent care caused the plaintiff’s injuries
With these four criteria met, you can seek compensation for your injuries or the repair value/replacement of property damages. One of the important parts to consider is what counts as “negligence.” The defendant can be negligent in multiple ways. The defendant can be considered liable for injury if their property posed unreasonable risk of harm. Furthermore, the defendant is liable if they knew or should have known that a hazard was present. Finally, they can be liable for injury by failing to repair, barricade, or warn the hazards that lead to the slip and fall injury.
However, there may be cases in which the property owner is not liable for your injuries. For instance, if the property is rented by a shop owner, the renter is liable for the property and its condition.
What damages are covered under premise liability injuries in Irvine?
- Medical bills: Medical treatment can be expensive and often times are not one-time treatments. As a result, compensation can include both past and future medical treatment. Medical treatments also can mean rehabilitation, equipment, and medication.
- Physical therapy: treatment can include short-term and long-term physical therapy. These costs can come after the initial treatment, which can be covered under the lawsuit.
- Expenses: If there were costs that were out of pocket, it can be included for compensation
- While it can be unfortunate, some will not survive their injuries. As a result, expenses for burials and funerals can be filed.
- Emotional and psychological distress: There can be emotional and psychological pain/suffering due to the injury. Compensation can include these damages for the pain and suffering that was experienced from the injury and post-injury. Furthermore, some injuries can have lasting impacts, such as a permanent scar or losing the ability to walk, which can be hard to recover emotionally.
- Loss of wages or earnings: injuries can prevent an individual from working, thus losing their main sources of income or wage.
- Loss of Consortium: This can include one’s ability to have children or depravation of relations due to injury
What are some important dates and timeline for a premise liability lawsuit in Irvine?
Under California law, victims have two years from the date of the incident to seek compensation for injury and damages.
Evidence that can be used to prove defendant’s liability
A key aspect of a premise liability injury case in California is showing clear evidence of defendant’s liability. Evidence that can be helpful for the case can include video footage of where the injury took place, witness testimony that indicates the defendant’s liability, expert testimony on accident reconstruction, and medical treatment notes for the injury.
However, the defendant will try to prove that you had some liability. Some claims can include
- Plaintiff was not supposed to or expected to be on the property where the accident took place.
- Plaintiff did not do their due diligence to avoid injury. This could mean that the plaintiff did not pay attention to their path or was preoccupied/distracted.
- The plaintiff neglected warnings or barriers that indicated a hazard or hazardous area.
- Clothing and shoes were inappropriate/unsafe on the property
- The danger was obvious
- Injury was on purpose or due to alternate causes (i.e., drug or alcohol use)
What should I do if I have suffered from Premise Liability accident in Irvine, CA?
If you are in need of medical assistance, seek immediate medical attention. If you are able to collect any evidence at the scene of the injury, take as many photos/videos and physical evidence that can show the property owner’s negligence. You can also collect contact information of any potential witnesses.
Be sure to report the incident to the property owner so that they can file an incident report. You can also request security footage that captured the incident and the surrounding areas.
We highly recommend that you contact Alipour Law Group for expert legal assistance at https://asl.law/ before signing documents or making any statements. Our lawyers are ready to assist you with premise liability accidents in Irvine.
How Can We Help?
While seeking immediate medical attention should be your first priority, it is essential that you seek legal advise too. If you have suffered injuries at someone else’s property, it should not be your responsibility to pay for your medical costs. We understand the extent of pressure that our clients experience after a injury. Our experienced Irvine personal injury attorneys can help you recover your past and future medical costs, lost earning from your job, emotional distress, pain and suffering, and in some cases punitive damages to punish the responsible person, while you focus on recovering your health.
CONTACT US TODAY FOR A FREE CASE EVALUATION.
- California Civil Code 1714:
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