All property owners in Northern California have a duty of care to maintain their property and to warn visitors and guests about potential dangers. Under the state’s premises liability laws, owners of private, public, and commercial property that fail to do so can be held liable for accidents that result in injuries. If you or a loved one was injured due to the negligence of a property owner, business, or municipal agency, it will take an experienced slip and fall lawyer to protect your rights.
The Law Offices Of David P. Kashani regularly represents victims of all types of premises liability accidents, including:
- Slip and fall accidents
- Dog bites/attacks
- Swimming pool accidents
- Explosions and fires
- Elevator/escalator accidents
- Amusement park accidents
- Exposure to hazardous substances (e.g. mold, fumes)
- Shocks or electrocution caused by faulty or exposed wiring
- Assaults due to negligent security
When you contact us for a free consultation, we will determine whether you have a valid claim and explore all of your legal options. We have a proven history of achieving significant settlements and jury awards and will fight for the compensation you deserve. All premises liability claims are handled on a contingency basis, which means you will not pay any attorneys’ fees until we recover for you. Please reach out to our office today so we can start working on your case.
Do I have a valid slip and fall claim?
Whether you were injured at a residential home, apartment complex, grocery store, shopping mall, public park or government building, you need the trustworthy advice we provide. You should know that not all accidents on someone else’s property constitute premises liability.
To win your claim, we must be able to prove that:
- A dangerous condition on the property presented an unreasonable risk of harm
- The property owner knew, or should have known, that the risk existed
- The property owner was negligent in creating or failing to correct the condition
- The owner’s negligence was the direct cause of your injury
While premises liability claims are generally covered under the owner’s property insurance, obtaining the full value of your claim can be challenging. This is partially due to the fact that premises liability claims are governed by the rules of comparative negligence.
In short, if you were partially at fault for your injuries (e.g. by not paying attention to your surroundings), you may still be awarded damages; however, your compensation will be reduced by the percentage of your assigned fault.
This makes it critically important to work with our experienced Bay Area premises liability attorneys. We will leverage our skills and resources to hold the negligent party accountable and win you just compensation. It is essential to contact our office quickly so that we can collect evidence before the property owner has a chance to repair the hazard in a bid to avoid liability.
Why Your Relationship with the Property Owner Matters in a Premises Liability or Slip and Fall Claim
Under California premises liability law, the owner’s duty of care depends on whether the visitor is an invitee, licensee, or trespasser:
- An invitee is someone who is on the property with the owner’s permission for their mutual benefit, such as a customer at a store. A property owner owes an invitee the highest duty of care and must repair the hazard and/or warn an invitee about the danger.
- A licensee is an individual who is on the property for his or her own benefit or the benefit of another, such as a social guest or salesperson. A property owner has a duty to warn a licensee about a known danger but is not required to immediately repair the condition.
- A trespasser is a person who is on the property unlawfully or without the owner’s permission and need not be warned about potential dangers, but there are exceptions. Children are not considered trespassers, for example, particularly if there is an attractive nuisance on the pool, such as a swimming pool.
How Much is My Premises Liability Claim Worth?
Although no two injury claims are the same, you may be entitled to significant compensation, which includes economic damages, such as lost wages and medical expenses, as well as noneconomic damages that are designed to compensate you for intangible losses (e.g. pain and suffering, permanent disability, emotional harm). The best way to protect your rights is to consult with an experienced premises liability lawyer.
Contact Our Experienced California Premises Liability Lawyers
If you have been injured in a premises liability accident, turn to the Law Offices of David P. Kashani. We will handle all the details of your claim while you are recovering. We are highly capable of reaching a negotiated settlement with the property owner’s insurance carrier but fully prepared to litigate when necessary. You can trust us to fight for the maximum compensation you deserve, whether inside or outside of the courtroom. Please contact our office today to set up a free consultation.