Redlands Premises Liability Lawyer
Premises Liability Attorney in Redlands, CA
In the state of California, premises liability law stipulates that a person entering a property has a legal and reasonable expectation of not getting injured. This means that the owner or operator of a property (or non-owner resident) holds the responsibility to maintain reasonable care to keep their property safe from hazardous conditions.
Whether you have been injured while visiting a public property (such as a park, store or shopping mall) or a private property (such as a personal residence or office building) a Redlands premises liability lawyer can help you understand your rights under California law.
The Duty
Premises liability in California provides that the owner or operator of a public or private location is under a duty to maintain the property in a reasonably safe condition. If there is a known risk of harm on the premises, appropriate warning of the condition must be given so that others may avoid the hazard.
A lack of knowledge of a dangerous condition is usually not a good defense if the owner should have known about it through a reasonable inspection. The owner or occupier’s duty is to inspect their property or use other methods of determining of its condition.
Notice Of The Condition
As previously stated, the owner/operator owes a duty to inspect the premises. A lack of knowledge of a dangerous condition is not a viable defense if constructive notice might be proved by showing that the owner or occupier should have known of the issue. Evidence that the condition existed for an adequate period of time so as to be unreasonable is enough to imply constructive notice.
To put constructive notice simply, if the banana peel on the floor of the supermarket was yellow when the person slipped on it and fell, constructive notice could be difficult to prove as it only fell very recently. If the banana peel was brown and deteriorated, it might have been there for a sufficient period of time to be reasonably assumed that the store employees should have known about it.
Slips and Trips
A wet, oily or otherwise slippery surface is a typical cause of slip and fall accidents. With slip and falls, the person usually falls backward, resulting in painful injuries to the shoulder, spine or back. More serious injuries to the skull, brain and brain stem can result in lifelong disability or even death.
Holes, cracks or uneven surfaces in places like sidewalks and parking lots, especially where insufficient lighting is present is often to blame for trip and fall accidents. With trip and falls, the person usually falls forward, resulting in injury to their face, jaw, skull, neck, shoulders, arms, hands and ribs.
More than 14 million adults age 65 and older report a fall every year, and falls are the leading cause of injury for people in that age group, according to the CDC. A slip or trip on someone else’s property can cause broken bones or head injuries at any age.
Not every accident gives rise to legal liability, but valid slip and fall claims are filed and settled every year. One of our experienced premises liability attorneys can explain the strength of your case.
Other Types of Premises Liability
Most people think of premises liability cases in the context of slip and fall or trip and fall cases, but across Southern California, they include but aren’t limited to animal attacks, swimming pool injuries or deaths, elevator and escalator accidents, amusement park accidents and negligent or inadequate security.
Common private property/home related injuries:
- Drowning in swimming pool
- Spinal and neck injuries from diving
- Electrocution from faulty wiring
- Slip and trips
- Dog bite
- Negligent or inadequate security — property owners can be required to take reasonable security steps against foreseeable crime. Courts look mainly at whether similar crimes happened before on or near the property. Without that kind of history, owners usually do not have to hire guards or add extra security.
California’s dog bite statute, Civil Code section 3342, holds a dog owner strictly liable if their dog bites someone in a public place or while lawfully on private property, even if the dog has never bitten anyone before. Exceptions apply if the injured person was trespassing, provoked the dog, or was bitten by a police or military dog performing official duties.
Common amusement or theme park injuries:
- Whiplash
- Fractures
- Internal injuries
- Heart attacks
- Back and neck injuries
- Traumatic brain injuries
Common elevator/escalator injuries:
- Falls or drops
- Improper door movement
- Elevator arriving above or below the specified floor
- Accidents caused by sudden stops, missing or degraded parts and side entrapment of footwear
Most premises liability claims in California must be filed within two years of the injury, under California Code of Civil Procedure section 335.1. This deadline is generally shorter if a government agency owns the property, since claims against public entities usually must be filed within six months, and it can be longer if the injured person is a minor. Because deadlines vary case by case, it is best to have a lawyer review your situation as soon as possible.
At Duque & Price, our premises liability attorneys represent injured people from offices across Southern California, including here in the Inland Empire. A Redlands-area premises liability lawsuit is generally filed with the Civil Division of the San Bernardino County Superior Court in San Bernardino. Because evidence like security footage and maintenance logs can disappear quickly, it’s best to contact us as soon as possible so we can begin investigating and preserving evidence.
Frequently Asked Questions
How do I prove the property owner knew about the hazard?
You can show the owner knew, or should have known, using evidence like maintenance logs or how long the hazard was visible. This is called actual or constructive notice.
How long do I have to file a premises liability claim in California?
In most cases you have two years from the date of the injury. If a government agency owns the property, you generally must file a claim within six months.
Can I still recover damages if I was partly at fault for my fall?
Do I need to go to court to resolve my claim?
Not always. Many premises liability claims settle with the property owner’s insurance company before a lawsuit is ever filed.
This page provides general information about California premises liability law. It is not legal advice, and contacting our firm through this page does not create an attorney-client relationship.
Contact our Redlands Personal Injury Attorney at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.
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