Ontario Premises Liability Lawyer

Ontario Premises Liability Attorney

When people go about their daily lives, they don’t expect to get into a life-altering accident. When that accident is the result of another party’s careless actions, victims have the legal right to file a personal injury claim against them. If this has happened to you, reach out to an experienced Ontario premises liability lawyer to understand your legal rights and options under California law.

Hire a Premises Liability Lawyer to Help You Navigate California’s Legal System

For the last 20 years, the team at Duque & Price has helped endless California residents seek brighter futures after experiencing trauma. We know the consequences an injury can have on victims and their loved ones, and we are dedicated to protecting your legal rights. To make sure we give our clients the attention they deserve, we only handle a select handful of cases at one time.

We assist those living in Orange County, Los Angeles, Riverside, San Bernardino, San Diego, and surrounding Southern California areas.

What Is Premises Liability?

Premises liability happens when the owner of a premises fails to reasonably maintain it, leading to visitors becoming injured from hazards or crimes. This type of case covers a wide variety of situations, such as:

• The owner of a grocery store pressuring employees to avoid cleaning spills and other hazards to maintain high work quotas despite low staffing, leading to a customer slipping and falling in an aisle
• The owner of a parking garage failing to install security cameras or guards, despite knowing the rising rate of muggings in the area, and a patron of the garage falls victim to a crime that leaves them injured
• The owner of a home failing to properly secure their dog in the front yard and fix unstable fencing despite the dog’s history of aggression, leading to the dog escaping its confines and biting the mailman
• The owner of a community swimming pool failing to properly train the employed lifeguards, leading to the lifeguards not knowing how to help someone who is struggling to swim, and the swimmer suffering injuries
• The owner of a hotel failing to fix uneven flooring, despite knowing about the hazard, leading to a guest tripping and injuring themselves

These incidents may sometimes seem mild, but taking a fall can be deadly. In the United States in 2023, 47,026 people passed away due to a fall at home or work. That same year, over 8.8 million people in the United States went to the emergency room because of a fall.

If this type of situation happens to you, you want to hire a premises liability lawyer with experience in similar cases. They can help explain what to do next in your case and what to expect during legal proceedings in Ontario.

California Premises Liability Laws

To determine who exactly was at fault for your injuries, courts in California generally assign everyone involved a percentage of fault. Even if you’re found to be mostly responsible for the incident, you are still able to pursue compensation. Any compensation awarded to you may be reduced by your personal percentage. For example:

• If you were texting while walking in a busy restaurant, and you slipped on a spilled drink, you may be assigned 30% at fault.
• If the owner of the business failed to train their employees to quickly clean messes, they may be assigned 70% at fault.
• If you’re awarded $100,000, it would be reduced by 30%, making your final compensation $70,000.

Your attorney can assist in filing your case at the Civil Division of the San Bernardino District, located at 247 West Third Street. This must be done within two years of the date of the incident.

FAQs

What Do I Need to Prove in My Premises Liability Case?

What you need to prove in your premises liability case starts with showing that the responsible party had a legal duty to act with reasonable care. You then need to prove that they failed in this duty, and that failure directly caused your injuries, which led to you suffering real emotional or financial pain. The burden of proving these elements is on the person filing the case and is done by providing evidence linking them.

Who Can Be Held Liable in a Premises Liability Case?

The people who can be held liable in a premises liability case depend on the specific details of what happened. For example, if you slipped and fell in a hospital because of a puddle on the ground, you may be able to file your case against multiple parties. This could include the staff members for failing to notify the cleaning team, the cleaning team for failing to keep track of spills, and the hospital for failing to uphold safety measures.

How Much Could I Potentially Earn From a Premises Liability Case?

The amount that you could potentially earn from a premises liability case depends on the amount of losses that you’ve suffered from your injuries and your percentage of fault.

If you were completely blameless, you could recover compensation for the entirety of your past, present, and future medical bills related to the incident, lost income from not being able to work, damage to your personal belongings, your pain and suffering, disability, disfigurement, and loss of enjoyment of life.

Can I Get Punitive Damages in My Premises Liability Case?

You may be able to get punitive damages in your premises liability case if the responsible party acted with extreme negligence, fraud, or malice. For instance, if the owner of a store knowingly broke the law by not adhering to safety rules. These damages are awarded to act as further punishment and deter similar behavior from happening again in the future, and can be requested on top of regular compensation.

Choose a Trusted Personal Injury Law Firm in California

If you or someone you love has suffered because of the actions of another party, you deserve to find legal representation that can help you feel back in control of your life. The attorneys at Duque & Price put empathy at the forefront when helping our clients and work tirelessly for favorable case outcomes. Reach out to our team today to schedule a confidential consultation to discuss the entirety of your situation.