Escondido Premises Liability Lawyer

Escondido Premises Liability Attorney

Sometimes, it’s not difficult to understand that the decisions made by a landowner directly led to an unintentional injury. In other circumstances, it might not be obvious that an owner caused an accident. If you have been injured on another person’s personal or business property, you should know your rights. An Escondido premises liability lawyer can help you do so.

Why Choose The Law Office of Frank S. Clowney III?

With decades of knowledge regarding personal injury and premises liability, The Law Office of Frank S. Clowney III can work in your greatest interest to get you the compensation you deserve. We put our clients first in every case we handle. We work diligently to understand your needs and fight for you throughout the legal process of a claim. We can assist you every step of the way so you receive the justice and financial compensation that is owed to you.

What Is Premises Liability?

There are many different types of premises liability accidents, and they can happen almost anywhere. In California, property owners have the legal responsibility to provide safe spaces for those who come onto their property. This means preventing and clearing the area of hazards that can result in serious injury. When a property owner breaches this duty, they can be held financially liable for damages through a premises liability claim.

Premises liability claims often include slip-and-fall incidents that occur due to wet floors or cracked pavements, inadequate security measures that enable break-ins and burglaries, dog bites caused by careless dog owners, and defective property, such as a broken staircase that causes someone to trip and sprain their ankle.

Common Premises Liability Cases

Premises liability claims can be caused by many different places and incidents. However, they are more common in some places than others. Some of these include:

• Retail establishments – Public retail spaces such as grocery stores or shopping malls are common places where premises liability claims occur. This can happen through slip-and-falls caused by wet floors or falling objects caused by improper stocking. These hazards pose a significant threat to public safety if not handled swiftly due to the high volume of traffic these establishments welcome on a regular basis.
• Residential establishments – Residential establishments such as personal homes or apartment complexes are common places for premises liability claims. If an apartment has inadequate lighting or does not have locked doors, this can create open opportunities for crimes to be committed. If a resident’s apartment is burglarized due to this lack of security, the apartment may be liable for damages.
• Dog bites – Animal owners have a responsibility to protect the public from their animals, especially if the animal has a history of aggression. Common protective practices include having their dogs on leashes or ensuring they are in an enclosed space (such as a fenced in backyard). When an owner does not take the proper precautions to protect the public, and someone is injured, the owner may be liable for damages.

Common Defenses to Premises Liability Claims

When someone files a claim against a property owner for premises liability, they may use common defenses to absolve themselves from responsibility for the victim’s injury. Common defenses include:

• Comparative negligence – In this argument, the property owner may argue that the victim shares some of the blame for their accident by choosing to interact with an obvious hazard. In this case, the owner may not be completely absolved of responsibility, but the amount they are responsible for paying may be reduced.
• Lack of knowledge – The owner may also claim that they had no knowledge of the hazard. This may be used in cases where the hazard was not obvious, was hidden, or just recently occurred, such as a spill that happened only a few minutes prior and caused a slippery floor.
• Assumption of risk – In this case, the owner may claim that the injured party knowingly entered a hazardous area and assumed the risk when they entered. An example of this would be a person choosing to an area that is clearly marked by a wet floor sign and getting injured from a slip-and-fall.

Regardless of what defense is used, an attorney in Escondido can help you gather the necessary evidence to support your claim and fight for your rights.

FAQs

Can a Trespasser Sue for Premises Liability in California?

In California, trespassers generally have very few premises liability rights. Landlords have few responsibilities to intruders except to defend against malicious or negligent damage. However, there are exceptions. For example, if the trespasser is a child or the property owner creates dangerous circumstances that would likely cause injury to trespassers, the property owner would be held responsible for the damages.

Can I Still File a Claim if I Was Partially at Fault for My Injury?

California follows the comparative negligence rule, which means that you can still file a claim for injuries even if you were partially at fault. Your reward amount will likely be reduced, however, by the percentage that you were deemed to be at fault. For instance, if it is determined that you were 20% at fault for a $1,000 claim, you would be awarded $800, or 80% of the compensation you requested.

Does Premises Liability Only Apply to Business Establishments?

No, premises liability does not only apply to business establishments. Premises liability also covers residential properties, such as apartment complexes and recreation areas. If there are dangerous hazards and a lack of effort to remedy these hazards (such as icy or snowy walkways that go weeks without being shoveled or salted) that result in personal injury in Escondido, the property owner can be held liable.

What Are Some Common Premises Liability Injuries?

Injuries that arise in premises liability cases include slip-and-fall injuries involving broken bones, sprains, and head trauma. Other conditions include spinal cord injuries, traumatic brain injuries, cuts, bruises, and soft tissue injuries that occur from hazardous surroundings, including wet floors, uneven floors, or defective handrails. These injuries have serious long-term consequences, including impairments in mobility, life expectancy, and earning potential.

Contact The Law Office of Frank S. Clowney III Today

If you have been injured on someone’s property due to the landowner’s negligence, you may be entitled to compensation. We can help you seek the justice you are due. Contact The Law Office of Frank S. Clowney III to get started.