Below are answers to common questions about premises liability law. These answers are for informational purposes only. Sometimes, exceptions apply. Please rely on your own attorney to determine whether an exception applies to your case. Only by consulting an experienced premises liability lawyer can you be sure your rights are fully protected.
What is the most common type of premises liability claim?
The type of case that our attorneys see most frequently is a slip, trip, and fall. It could happen in a store, a mall walkway, or any other place as a result of obstacles, substances left on the floor, or other hazardous conditions. According to the Centers for Disease Control and Prevention, one of out of five falls causes a serious injury such as broken bones or a head injury. More than 800,000 patients a year are hospitalized because of a fall injury, and it is the most common cause of traumatic brain injuries (TBI).
How do I know if I should contact a lawyer after being injured on someone else’s property?
If you sustained injuries because of unsafe property conditions, you should consult with an experienced premises liability attorney. Getting legal representation can help you seek compensation for medical expenses and other bills. CaseyGerry has full-time investigators who get to work right away pursuing the details of their clients’ cases.
Of course, proper medical attention is the #1 priority. Once you have received all necessary immediate care, contact a law firm with extensive experience. The sooner you act, the better. The firm’s investigators will be able to preserve more evidence to show what happened and who is at fault.
In cases involving premises liability law, especially if there is a question of negligence, it’s critical to gather the facts and evidence as soon as possible before evidence has been lost or destroyed and while witnesses’ memories are fresh.
My injuries are minor. Do I really need to see a physician anyway?
It’s important to seek medical attention after getting injured. Certain injuries may not show symptoms for a few hours or even days. They could then be debilitating, and treatment might be more complex at that point. Further, having a physician’s medical records can help explain your injuries, should you decide to file a lawsuit.
Are there time limits for filing claims?
If you decide to pursue legal action, you should contact an experienced California premises liability attorney as soon as possible to review your situation. The state limits the time you have to file a lawsuit against the party responsible for your injuries. Cases involving government agencies have far less time to file a claim. If you or a loved one has suffered injuries and believe that a property owner’s negligence was involved, you should not delay in contacting an attorney. If the statute of limitations expires, your right to pursue a claim may be forever barred.
I sustained injuries on public property. Who might be at fault?
If the property is government-owned, that government agency might be responsible for your injuries. However, the rules of liability apply differently to the government, like they do in other types of personal injury cases.
In California premises liability cases involving a government agency, the lawyer for an injured plaintiff must show:
- There was a dangerous condition on the property that caused the injury; and
- The public entity knew about the dangerous condition and had enough time to remove the hazard (or warn about it) and prevent injuries.
It’s important to note that under California law, injured individuals have six months from the date the injury occurred to file a government claim. Failure to first file the governmental claim will bar you from later filing a lawsuit.
How can safety experts help in a premises liability case?
CaseyGerry premises liability attorneys frequently consult with safety engineers and other experts who can speak to accepted safety standards and building codes and establish when property owners have not met those standards. The use of expert testimony can be helpful in negotiating settlements or trying a case.
What is a contingency fee agreement?
The typical arrangement for hiring a lawyer in a premises liability case is a contingent fee agreement. The attorney agrees to be paid an attorney fee only if the client’s case is ultimately successful, either by settlement out of court or by a judgment following a court proceeding. The attorney then receives a percentage of the final amount recovered. This fee arrangement is helpful for most people facing a complex case involving premises liability, because the person bringing the case is not required to pay any fees at the outset.
How much is my case worth?
Every lawsuit is different. How much a case is worth depends on a variety of factors, such as:
- The nature, pain, and severity of your injuries,
- How active you were before your injuries,
- The costs of medical treatment needed for your injuries and whether you require ongoing treatment,
- Whether your injuries caused you to lose income,
- Whether your injuries caused any long-term or permanent impairments, disfigurement, or disabilities,
- Physical and/or emotional suffering you experienced because of your injuries, and
- Your past and future medical bills, lost earnings, opportunities, etc.
These and other factors will help determine the value of your case. An experienced premises liability attorney can review the circumstances of your case to determine what your claim may be worth. CaseyGerry can be reached by calling (619) 238-1811.
