Premises liability is a type of personal injury law that pertains to the responsibilities of property owners and occupiers and the rights of lawful of persons entering such property. A private property owner in Orange County has a legal duty to ensure that their property is free from foreseeable hazards and unsafe conditions that could potentially cause harm to lawful guests and visitors. Whenever a property owner notices any issue that could potentially harm a lawful visitor, they must address the problem immediately or at least warn guests about it if they are likely to encounter the hazard while visiting.
Helping Orange County clients recover after suffering injuries from premises liability accidents
If you or a family member recently suffered any type of premises liability injury on private property in Orange County, you likely have grounds for legal recourse against the property owner. However, even if your premises liability claim seems straightforward at first, the reality is that any such case has the potential to escalate into a highly complex legal battle, and liability may not be as clear as you initially assume. An Orange County premises liability attorney is an invaluable asset for this type of case, and The Bertch Firm has years of experience successfully resolving these cases on behalf of our Orange County clients.
Types of premises liability claims in Orange County
Premises liability is a broad area of personal injury law that pertains to accidents that occur on private property. Whenever a property owner or occupier fails to address known safety issues on their property or warn lawful visitors about such hazards, they can face liability for any resulting damages. The Bertch Firm represents clients facing all types of premises liability cases, including:
- Trip and fall and slip and fall accidents – If a property owner fails to correct a foreseeable slipping or tripping hazard and a lawful visitor suffers harm as a result, this can form the foundation of a premises liability claim.
- Construction and work site accidents – It’s possible for premises liability accidents to occur on worksites in various ways. Forklifts, cranes, scaffolding, and construction ladders are just a few potential causes of worksite premises liability claims in Orange County.
- Dog attacks – California enforces a strict liability rule for dog attacks, meaning a dog’s owner is fully responsible for all damages their pet inflicts on another person. If you lawfully visit someone else’s property and their dog attacks you unprovoked, they are liable for your damages.
- Fitness center, spa, and sauna accidents – If you suffer any injury while using fitness center or spa services in Orange County, it is vital to consult an attorney who can determine whether the property owner is liable for the injury. These businesses must typically follow strict regulations to prevent client injuries, and failure to do so can lead to liability for damages under the state’s premises liability laws.
- Vacation rental injuries – These cases often raise the question of personal liability versus premises liability. If the owner of your vacation rental property, such as an Airbnb or Vrbo, allowed a dangerous condition to exist on the property that caused you injury, you likely have grounds to file a premises liability lawsuit.
- Swimming pool accidents – The owner of a swimming pool has a duty of care to ensure proper supervision and safety measures for swimmers. If your injury occurred in a local swimming pool, an Orange County premises liability attorney can help determine whether you have grounds for a claim.
- Recreational and sport activity injuries – There are many recreational businesses that offer activities such as ziplining, skydiving, go-carting, surfing, jet skiing, trampolining, paragliding, horseback riding, and more. Most of these businesses require customers to sign release of liability waivers that ostensibly insulate them from legal action when injuries occur, but these waivers don’t always hold up in court, and they may not apply if an injury results from employee negligence.
Whatever type of premises liability injury you suffered, there are a few foundational legal issues you must acknowledge prior to filing your case. First, you must know the difference between personal liability and premises liability. Personal liability pertains to responsibility for one’s own actions, while premises liability pertains to the responsibility of property owners to address foreseeable safety issues on their property. Second, you must prove that you were lawfully present on the property where your injury occurred. California’s premises liability laws only apply to lawful guests, visitors, and customers on private property, and they do not apply to intruders or trespassers.
Recovering maximum compensation for a premises liability injury in Orange County
The primary goal of any personal injury claim is for the victim to recover maximum compensation for the losses caused by the defendant’s actions, including compensation for medical expenses, lost income and earning capacity and pain and suffering.
Beyond economic damages, the victim may also seek compensation for their pain and suffering. There is no limit to the amount a plaintiff can claim in most personal injury cases, so this could be a significant portion of your recovery if you have suffered a life-changing catastrophic injury.
The right attorney is an invaluable asset for any type of premises liability injury claim in Orange County. Even if you think the fault for your damages is perfectly clear, the reality is that any claim can escalate into a significant legal battle that you may not be able to successfully navigate on your own. When you choose The Bertch Firm to represent your case, you can approach your proceedings with peace of mind due to our contingency fee policy; we only collect a fee for our services if and when we win your case, and you owe nothing if we are unsuccessful with your claim. Contact The Bertch Firm today to set up a consultation with our team and learn more about the legal services we can offer for your catastrophic injury case in Orange County.
How to recover from a premises liability accident in Orange County
Your Orange County premises liability attorney can help you meet the procedural requirements of your case, proving fault for the injury you experienced and the resulting damages. You will need to start a personal injury claim under the premises liability laws to recover from this type of accident. Success with your claim will require proof that the property owner is liable for your injury in some way. This could be from their failure to address a foreseeable safety hazard or failure to warn you of a known safety issue on their property.
Once you have proven liability for the injury you suffered, you can proceed with claiming compensation for your damages. Under the state’s personal injury laws, the victim of another party’s negligence or misconduct has the right to claim full repayment of all losses they suffered in the incident. These damages may include their medical expenses, future medical treatment costs, lost income, lost future earning potential, and compensation for any property losses they suffered. State law also allows the victim to seek compensation for their pain and suffering, and there is no limit to how much they are allowed to claim in most personal injury cases. The Bertch Firm can work closely with you through each stage of your case, from helping you to prove liability for the damages you suffered to guiding you through the various stages of your civil suit naming the owner of the property. We accept personal injury clients on a contingency fee basis, so you will only pay an attorney’s fee if and when we win your case. If you are ready to learn how an Orange County premises liability attorney can help with your recovery, contact us today to set up a consultation with our team.
What damages am I entitled to recover as a result of my premises liability injury accident?
In California, a responsible party is required to provide compensation to an injured person for all harm that was caused by their negligence or wrongdoing. This includes medical bills, loss of earnings and earning capacity, pain and suffering, emotional distress, inconvenience, loss of enjoyment of life, physical impairment, disfigurement, grief, anxiety, and humiliation. It also includes property damage, loss of use (rental car expenses) and diminution in value (loss of value of your vehicle as a result of an accident). Under limited circumstances, it may also include punitive damages to punish the defendant for their negligence or wrongdoing, if the evidence establishes that the defendant acted intentionally, recklessly or with malice, fraud or oppression. See Civil Code §3294. In order to recover damages, you will need to make a claim or file a lawsuit against the responsible party. An experienced attorney at The Bertch Firm possesses the knowledge, training, skill and experience to pursue justice for you and secure maximum compensation for the damages you have suffered.
How much is my premises liability injury case worth?
Every case is unique and must be evaluated in light of the specific circumstances giving rise to your injury. The value of your case depends on many factors including the liability of the defendant, any comparative fault of your own in causing your injuries, and the nature and extent of all of the harm suffered by you as a result of the incident, including damages for bodily injury, loss of earnings and earning capacity, property damage, general damages (e.g. pain and suffering, emotional distress, loss of enjoyment of life, physical impairment, anxiety, inconvenience, grief, humiliation, and disfigurement) and punitive damages.
How long do I have to file a lawsuit for a premises liability injury accident?
In California, the statute of limitations for all personal injury claims, including premises liability injury accidents, is two years from the date the incident occurred. This is known as the statute of limitations. (See Code of Civil Procedure §§335-349.4) Code of Civil Procedure §§335-335.1 states that “the periods prescribed for the commencement of actions other than for the recovery of real property, are…[w]ithin two years: an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
However, there may be exceptions to this rule which shorten or extend the time for you to file a lawsuit. In most cases, a lawsuit cannot be brought if more than two years has passed since the date of the incident. In limited situations, the time to file a lawsuit may be longer than two years. For example, if the claimant is a minor, they must file a lawsuit within two years of their eighteenth birthday. In other situations, the time to file a lawsuit may be shorter than two years. For example, if your injury occurs as a result of wrongdoing or negligence of a public or government entity, you must submit a claim to the appropriate government entity within six months, even if the claimant is a minor. We strongly encourage you to speak to an attorney at your earliest opportunity to ensure your rights to bring a lawsuit to recover damages for the harm you have suffered are protected.
The Bertch Firm Difference
Personalized attention for your premises liability injury accident claim
At The Bertch Firm, each case is overseen and prosecuted by a licensed attorney, not a paralegal or case manager. The Bertch Firm has experience with many different types of accidents, including motor vehicle accidents. An experienced attorney can help you gather and preserve crucial evidence for your motor vehicle accident claim. Contact The Bertch Firm today and experience The Bertch Firm difference when you hire us to represent you for your injury claim.
Contact The Bertch Firm today
For further information about your premises liability injury accident claim
The Bertch Firm has represented many people who have been injured as a result of premises liability injury accidents. For further information about your potential case as a result of a premises liability injury accident, contact an attorney at The Bertch Firm today for a free consultation.