Fresno Premises Liability Lawyer

Premises Liability Attorney in Fresno, California

A Brief Summary of the Following Article

• Legal Requirements: Property owners in California must maintain safe premises; failure leads to liability for injuries.
• Rights and Representation: Understanding the legal status of the injured party is essential for establishing a case, highlighting the need for expert legal counsel in premises liability cases.
• Evidence Importance: Collecting evidence is crucial for substantiating premises liability claims, alongside understanding the statute of limitations and dealing with insurance companies.
• Expert Advocacy: Setareh Law provides meticulous preparation and vigorous advocacy for victims of premises negligence, emphasizing personalized service and financial recovery for clients.

When an individual is injured on someone else’s property in California, the complexities of premises liability law come into play. Essentially, property owners and occupiers are legally required to keep their premises safe for visitors. Failure to do so can result in them being held liable for any injuries that occur as a result. Navigating these legal waters requires a nuanced understanding of state laws and regulations, which is where the role of a skilled premises liability lawyer becomes crucial.

Setareh Law specializes in advocating for individuals who have suffered due to the negligence of property owners. Our extensive experience in handling premises liability cases ensures that our clients receive the legal representation they need to secure just compensation. Whether it’s a slip and fall, inadequate maintenance, or any other form of negligence that led to your injury, we are here to help guide you through the legal process and fight for your rights.

What Is Premises Liability?

Premises liability is a legal term that describes situations where a person is injured on someone’s property because of a dangerous condition on the property. Under California law, property owners have a duty to ensure that their property is in a reasonably safe condition. Therefore if a property owner fails to keep their property in a safe condition or fails to reasonably warn potential visitors of possible hazards in the property, they can be held liable for any injuries sustained by guests on the property. 

Type of Premises Liability Claims

An unsafe property can cause a lot of accidents, such as:

• Slip and fall accidents
• Dog bites and other animal attacks
• Inadequate building security causing an injury
• Porch collapses
• Elevator and escalator defects or accidents
• Swimming pool accidents
• Inadequate maintenance of the property
• Electrocutions
• Defective staircases or stair collapses
• Fires
• Defective conditions on the premises
• Water leaks or flooding
• Toxic fumes or chemicals

Several factors can contribute to a premises-related injury. However, in California, the injured party must focus on proving that the property owner was negligent in regard to performing adequate maintenance and keeping the property reasonably safe. 

The Role of Evidence and Documentation

In the wake of an injury on someone else’s property, collecting and preserving evidence is critical. Photographs of the hazard, witness statements, and medical records can all play a pivotal role in substantiating your claim. Documenting everything related to the incident and your injuries provides a solid foundation for your case, highlighting the necessity of a methodical approach from the outset.

Moreover, understanding the statute of limitations for premises liability claims in California is paramount. Victims have a limited window to file a lawsuit, underscoring the urgency of seeking legal advice soon after an injury occurs. Delaying legal action can jeopardize your ability to recover compensation, making timely consultation with a Fresno premises liability attorney essential.

Engaging with insurance companies is another crucial aspect of premises liability cases. Insurance adjusters may attempt to minimize your claim or deny liability altogether. Having an experienced Fresno premises liability lawyer negotiate on your behalf ensures that your interests are protected throughout this process, maximizing your chances of securing fair compensation.

Elements of a Fresno Premises Liability Claim 

Premises liability cases are a subset of personal injury law, meaning they must prove similar elements to a personal injury case to establish a valid and strong case. The following elements must be present in a premises liability claim:

Duty of Care

Duty of care refers to the legal obligation the property owner has to behave in a way that a reasonable person would in a similar situation. They have a duty to maintain their property to be safe, to have it inspected regularly, fix potential hazards, and warn visitors about hazardous conditions. 

Breach of Duty of Care

Breach of duty means that the property owner failed to meet the standard level of reasonable care. 

Causation

Causation links the breach of duty of care and the accident. This link is usually established by proving that neither the accident nor the injury to the person wouldn’t have occurred if not for the breach of duty.

Damages 

One of the final elements of a premises liability case is proving the existence of damages and determining their monetary value.

Understanding Your Rights in Premises Liability Cases

California’s premises liability law mandates that property owners and managers maintain a safe environment for all lawful visitors. This encompasses regular inspections and the prompt repair of known hazards. When a property owner fails to meet these obligations, resulting in injury, they can be held responsible. 

Determining liability in these cases hinges on the nature of the hazard, the foreseeability of the injury, and the legal status of the injured party on the property. Different rules apply to invitees, licensees, and trespassers, with varying levels of duty owed to each. Navigating these distinctions is crucial for establishing a strong case, underscoring the importance of expert legal counsel.

Premises liability cases can involve a range of injuries, from minor slips to serious accidents causing long-term disability. The type of injury, along with the circumstances under which it occurred, significantly impacts the compensation you may be entitled to. This compensation can cover medical expenses, lost wages, and pain and suffering, making it essential to accurately assess the full extent of your damages.

Additional Note on Premises Liability 

It’s also important to note that the liability of property owners not only extends to the physical conditions of the premises but also to the conduct of other visitors if it can be demonstrated that the owner could have reasonably anticipated such conduct leading to harm. For instance, if inadequate security measures on a property lead to an assault, the property owner might be found liable. 

This broadens the scope of premises liability, emphasizing the need for property owners to ensure a comprehensively safe environment. Understanding this aspect of the law can further empower you to seek justice and compensation for injuries that might not seem immediately connected to the property condition but are indeed a result of the owner’s negligence.

Who Can File a Premises Liability Claim in Fresno?

Generally, the people who enter a property are divided into three categories:

• Invitee
• Licensee
• Trespasser

Typically, invitees and licensees have a legal right to be on the property, but trespassers do not. Normally, being a trespasser means that they don’t have a right to file a premises liability claim against the property owner. However, California doesn’t distinguish people into those three categories, meaning that even trespassers have the right to file a premises liability claim.

Rather than basing a premises liability claim on the three categories listed above, California law is based on whether there was a reasonable chance that a trespasser would have entered the property and whether there was a reasonable chance that the trespasser could be injured. If the court decides that there was a reasonable chance that the trespasser could not only enter the property but also become injured, they have the right to file a claim. 

Private Property vs. Public Property Claims

Private properties include:

• Residential apartments
• Commercial buildings
• Restaurants 
• Retail stores

Public properties include:

• Parking lots
• Sidewalks 
• Roadways 
• Public schools
• Public libraries 
• Public playgrounds
• Government establishments 

It’s important to note that premises liability claims do not differentiate between private and public property when it comes to negligence. Victims injured on public or government-owned property have as much of the right to pursue a premises liability claim as those who were injured on private property. Whether the accident occurred in your neighborhood, the grocery store, or on government property, you are within your rights to file a claim against any negligent property owner. However, governmental entities and private property owners will fight to avoid paying a settlement—this is why it’s important to contact a premises liability as soon as possible. 

How a Fresno Premises Liability Attorney Can Help

You may be eligible for financial compensation for your premises-related injuries when you’re injured on someone’s property because of a property owner’s negligence. Through a claim, you can recover damages for:

• Medical bills
• Future medical treatment
• Lost wages
• Pain and suffering 

However, proving negligence and establishing liability can be challenging. An experienced premises liability lawyer can help protect your rights and:

• Investigate the cause of the accident
• Establish that the property owner owed you a duty of care
• Collect evidence that supports the existence of a defective, unsafe, or dangerous condition on the property
• Prove that the property owner knew about the hazardous conditions but failed to fix them or provide a prior warning 
• Establish that the property owner’s failure to perform maintenance or keep the property safe was a substantial factor to the accident or injury 
• Handle negotiations and communication with insurance companies 

A premises liability attorney can handle the claim process so you can focus on recovering and moving forward. 

Reach Out to a Fresno Premises Liability Lawyer from Setareh Law to Help With Your Case Today

At Setareh Law, our commitment to our clients is unwavering, as we strive to ensure that you receive the full compensation you deserve. With our hands-on approach, we meticulously prepare every case, advocating vigorously on your behalf against property owners and their insurance companies. Choosing Setareh Law means partnering with a dedicated team that values your well-being and financial recovery. We take pride in our accessibility, offering personalized service that addresses your concerns. 

Our expertise in premises liability law, combined with our commitment to excellence, makes us the ideal choice for individuals seeking justice after an injury. If you or someone you know has been injured due to the negligence of a property owner, it’s crucial to act swiftly to protect your rights. Setareh Law offers comprehensive legal representation, guiding you through every step of your premises liability claim. Contact one of out premises liability attorneys today at (310) 659-1826 or visit our contact form to schedule a free consultation. Together, we can work toward securing the compensation you deserve.

Schedule a Consult at Our Fresno Location

Setareh Law, APLC

4005 N Blackstone Ave #101A
Fresno, CA 93726
(559) 212-3708