Orange County Premises Liability Attorney

Orange County Premises Liability Lawyer

If you were injured on someone else’s property, you may be entitled to compensation for the harm you endured. Business owners and landlords have a responsibility to address hazards before they lead to injuries. Injured victims can rely on an Orange County premises liability attorney to help them navigate the injury claims process. Legal representation can play a critical role in ensuring that you receive the compensation that you are owed.

Why Trust Duque & Price?

When Orange County residents are injured because of unsafe property conditions, they turn to Duque & Price for trusted legal representation. Our attorneys have resolved more than 850 cases over the past 9 years, securing meaningful results for individuals and families across Southern California. We understand how a sudden fall or property hazard can disrupt your life, and we act quickly to hold negligent property owners accountable for the harm they cause.

Every premises liability claim comes with its own set of challenges. That’s why we begin each case with a careful review of the facts and identifying potential obstacles and strategies to overcome them. Throughout the injury claim, our firm remains focused on helping clients recover physically, emotionally, and financially. At Duque & Price, you can expect responsive communication, detailed preparation, and client-focused advocacy at every step.

Common Types of Premises Liability Claims

Any injury that occurs on someone else’s property could potentially lead to a premises liability claim. One of the most common forms of property liability claims involves falls and slips. When a property owner fails to address hazards on their land, injured victims can pay the consequences. Uneven flooring, slick surfaces, and untreated patches of ice can leave visitors at risk of broken bones and other serious injuries.

Dog bites are another type of personal injury covered by premises liability laws. When a guest is attacked by a homeowner’s dog, the pet owner can be held civilly liable for the attack. A dog that gets loose and attacks someone away from the owner’s home can also form the basis of a liability claim. Assaults can be tied to the property owner if they failed to secure their property or take basic steps, such as providing lighting to deter criminals from entering.

Common Injuries That Can Result from a Premises Liability Claim

Injuries caused by unsafe property conditions can have long-lasting effects that disrupt every part of a person’s life. Slip and fall accidents often result in broken bones, sprains, or head injuries that make it difficult to work or complete daily tasks. Severe falls can lead to spinal cord damage or traumatic brain injuries, both of which may require extensive rehabilitation and lifelong medical care.

These injuries can also cause significant emotional strain. A head injury might leave someone struggling with memory loss or dizziness, while a broken hip could take months to heal and limit mobility. The physical pain, coupled with the financial pressure of lost income and mounting medical bills, can create a lasting burden.

Compensation You May Be Owed

If you were injured on someone else’s property, you may be eligible for a wide range of compensation. One immediate concern for injured slip-and-fall victims is their medical bills. The cost of initial treatments and ongoing care can lead to serious financial hardship, even with health insurance. With representation from an injury lawyer, you can pursue economic damages and non-economic damages.

• Economic damages: An injury claim can account for measurable losses, like the loss of income, loss of earning capacity, medical bills, transportation costs, out-of-pocket expenses, and other costs. Compensation for economic damages can help you reclaim the financial losses you incurred following an injury on someone else’s property.
• Non-economic damages: You may also have suffered non-tangible losses like emotional harm and pain and suffering. The anguish you experienced immediately after a fall, for example, is a non-tangible form of harm that can be accounted for in an injury claim. Attorneys use special formulas to calculate the value of non-economic damages.

Establishing Fault Following a Premises Liability Accident

Following a premises liability accident, you will need to prove that the property owner’s negligence directly led to your injury. This can be done by gathering evidence and witness statements to support your claim.

If you were injured due to a fall, for example, you may need to document the site of the injury and the hazard that led to your slip. Finding records of past incidents where someone suffered harm on the property could also improve the chances that you secure fair and timely compensation. Winning a personal injury claim requires proving four basic elements.

• Duty of care: The defendants had a responsibility to maintain their premises
• Breach: The property owner failed to meet that standard of care.
• Causation: That failure to address a hazard directly led to an injury
• Damages: The plaintiff suffered measurable harm as a result

Property owners have a duty of care to address hazards before they cause injuries. Proving fault can be complex, especially when disputes arise. A premises liability attorney can support your right to compensation by gathering evidence and building a strong case that results in a settlement or court verdict that truly reflects the harm you endured.

Potential Challenges You May Face as You Seek Compensation

Pursuing a premises liability claim can be difficult without strong evidence of negligence. Property owners and their insurance companies often argue that the injured person caused their own accident or ignored clear warnings. Proving that the owner knew, or should have known, about a dangerous condition can also be challenging, especially if no witness statements or surveillance footage exist.

Insurance adjusters may attempt to minimize your injuries or offer settlements that don’t reflect the full cost of your medical care, lost income, and pain. Delays in treatment or inconsistent documentation can weaken your claim and potentially lead to delays and other setbacks.

Working with a lawyer who understands the complexities of premises liability cases can make a significant difference in overcoming these obstacles and building a strong claim for the compensation you deserve. If you are falsely accused of contributing to your own injury, your attorney can take decisive steps to hold the at-fault party accountable by using evidence to back up your injury claim.

Understanding California’s Comparative Negligence Rule

Every state follows a different approach to allocating liability among parties and determining which cases qualify for compensation. California follows a pure comparative negligence rule, meaning that more than one party can share responsibility for an accident. Under the legal framework, the individual pursuing compensation would have their settlement or court verdict reduced by their percentage of fault.

For example, someone who is 30% responsible for a slip and fall accident would receive $35,000 of a $50,000 settlement. This legal rule is largely favorable to injured parties because it allows most injured Californians to pursue compensation even when liability is shared by multiple parties. Insurance companies of at-fault parties are well aware of this rule and often try to cast blame on the injured parties to reduce their liability.

Why You Should Hire a Premises Liability Attorney

If you were injured on someone else’s property, your top priority should be to hire a premises liability attorney with years of experience managing premises liability cases. California’s premises liability laws are complex and require compelling evidence presented to insurers or the courts.

Without support from an Orange County premises liability lawyer, you may fail to meet the burden of proof you need to succeed in your claim. Complex cases may also involve accusations from both parties that need to be addressed based on the evidence at hand.

An injury lawyer does more than represent you in court. Lawyers are trusted advisors and skilled litigators who are dedicated to seeing that injured clients are financially restored following an injury. During a difficult ordeal, they can provide the guidance and support you need to see your case through.

Tips for Finding the Right Premises Liability Lawyer

Finding the right premises liability lawyer can make a significant difference in the outcome of your injury claim. Start by asking friends and family for referrals. If you cannot find a direct referral, search online for established law firms in your area. Look for websites that disclose reviews so you can read about past client experiences.

Consider what types of cases they handle and whether their experience is relevant to your injury claim. If they have won awards or recognitions, take that as a sign that they are respected in that community. Come to the consultation with questions so you get the most out of your first meeting.

FAQs

Q: Is Premises Liability Hard to Prove?

A: Proving fault and securing compensation in a premises liability case can pose challenges if you do not have strong representation and compelling evidence to back your claim. Negotiations with insurers or court filings can also pose challenges if you do not have strong legal representation.

The courts require plaintiffs to demonstrate that the defendant caused their injury through a preponderance of evidence. With strong legal representation, you can win your case and secure the compensation that you are owed.

Q: How Much Can You Get for Premises Liability?

A: The amount that you receive for premises liability depends on the severity of your injury and the willingness of the at-fault party or an insurer to pay fair compensation for the harm you endured. A settlement can account for economic damages, such as lost wages and medical bills. Non-economic damages can account for the emotional harm you endured. Combined, both forms of compensation can account for your setbacks and hardships.

Q: What Is the Premises Liability Law in California?

A: California’s premises liability law holds property owners and occupiers responsible when unsafe conditions on their property cause injury to lawful visitors. Under California Civil Code § 1714, everyone is responsible for injuries resulting from their failure to exercise ordinary care in managing property.

This means that landlords, business owners, and even homeowners have a legal duty to maintain reasonably safe conditions, warn about known hazards, and repair dangerous areas.

Q: What Is the Statute of Limitations for Premises Liability in California?

A: In California, the statute of limitations for filing a premises liability claim is two years from the date of the injury, as outlined in California Code of Civil Procedure § 335.1. This means an injured person generally has two years to file an injury claim against a negligent property owner or manager. If the case involves a government-owned property, such as a public building or sidewalk, a formal claim must be filed within a shorter time frame.

Q: Can I Be Blamed for Causing My Own Injury?

A: Yes, you can be blamed for causing or contributing to your own premises liability injury. Due to California’s pure comparative negligence rule, insurance companies and defendants know that the more they can blame someone else for an injury, the less liable they may be. An injury lawyer can take steps to protect you from false accusations by basing your case on evidence and sound legal arguments.

Contact a Skilled Premises Liability Attorney in Orange County

If you’ve been injured on someone else’s property in Orange County or the surrounding areas, you deserve legal support from a team that knows how to hold property owners accountable. At Duque & Price, our attorneys understand how these incidents disrupt your daily life, and we work tirelessly to secure the compensation you need to recover.

With over 850 cases successfully resolved in the past nine years, our firm has earned a strong reputation throughout California for achieving meaningful results for our clients. We accept a limited number of cases at a time so we can devote our full attention to every client we represent. Reach out to Duque & Price today to discuss your case with an Orange County premises liability attorney who will pursue the justice you deserve and protect your legal rights.