You have the right to expect safe conditions when entering someone else’s property in California. If the property owner fails to address or warn about hazards and you become injured as a result, you may be entitled to seek compensation through a premises liability claim.
At Omega Law Group Accident & Injury Attorneys, our team has decades of combined experience and has recovered millions of dollars for clients across California. Our Stockton premises liability lawyers work hard to hold negligent property owners accountable and to help our clients secure the compensation they need to move forward.
We know how overwhelming life can feel after an accident when the medical bills start to pile up and you start missing too many days at work. Let our Stockton personal injury lawyers handle your case so you can focus on your recovery.
How Premises Liability Works in California
Under California premises liability law, property owners must keep their properties reasonably safe for visitors. Failing to repair hazardous conditions or provide adequate warnings is considered a breach of that duty. In simpler terms, this means that if a property owner neglects maintenance and someone gets hurt, the owner can be held liable.
These laws apply to both public and private property. So whether you are shopping at a store, renting an apartment, or walking through a parking lot, the owner is responsible for maintaining a safe environment. If they fail to do so, you have the right to take legal action.
Common Examples of Premises Liability Cases
Premises liability incidents, such as a slip and fall accident, can happen anywhere at any time. Below are some examples of how these incidents often occur:
- Slipping and falling on wet floors, rough pavement, or broken tiles
- Tripping over cluttered aisles, loose carpeting, or hidden obstacles
- Encountering inadequate lighting in parking lots, stairwells, or apartment buildings
- Being hit by falling objects from shelving or ceilings
- Falling as a result of structural defects like broken handrails
- Experiencing dog bites or animal attacks on private or commercial property
- Dealing with elevator and escalator malfunctions from negligent upkeep
If you or someone you love is injured because of unsafe property conditions, our Stockton premises liability lawyers can identify who is responsible and gather the evidence needed to prove negligence. We will also fight to recover the full compensation you need for your medical bills, lost income, and pain and suffering.
Proving Negligence in a Premises Liability Case
Under California Civil Code §1714(a), property owners must take reasonable care to keep their environments safe. If they fail to do this and someone gets hurt, they can be held accountable for the resulting injuries.
To recover compensation, your lawyer must prove these four key elements:
- Duty of Care: The property owner was responsible for keeping the area safe for visitors.
- Breach of Duty: The owner failed to remedy a dangerous condition or warn others about it.
- Causation: The unsafe condition was the direct cause of your accident and injuries.
- Damages: You experienced real losses, such as medical bills, missed work, or pain and suffering.
Types of Compensation You Can Recover if You File a Premises Liability Claim
A premises liability accident can impact nearly every part of your life, including your health, your finances, and your sense of security. Depending on the details of your case, you may be entitled to recover both economic and non-economic damages. Our attorneys review every aspect of your situation to pursue the maximum compensation available under California law.
Economic Damages
Economic damages are what cover the financial losses you experience as a result of your premises liability injuries. These damages are easier to calculate because they have a clear monetary value and can include:
- Medical expenses (e.g., hospital bills, treatment costs, surgeries, medications)
- Physical therapy
- Future medical costs/cost of ongoing treatment
- Lost wages
- Loss of future earning capacity
Non-Economic Damages
Non-economic damages cover the emotional and physical impact of an injury. While these losses do not have a set dollar amount, they can be just as life-changing as financial damages. You may be able to recover the following damages:
- Pain and suffering compensation addresses the physical pain, discomfort, and lasting effects of your injuries. It reflects how your condition affects your daily life, from your ability to work to your overall sense of well-being.
- Loss of enjoyment of life applies when your injuries keep you from doing the things you once loved, such as hobbies, sports, or spending time with family. This type of compensation recognizes how an accident can take away the joy and freedom you once had.
- Some people may also qualify for emotional distress damages if the accident causes anxiety, depression, or trauma that interferes with daily life. These damages aim to acknowledge and compensate for the emotional burden that often follows a serious injury.
California’s Statute of Limitations for Premises Liability Lawsuits
The statute of limitations for personal injury in California limits the amount of time you have to file. You generally have two years from the date of your injury to file a premises liability lawsuit. This deadline is known as the statute of limitations. If you miss it, the court may dismiss your case, and you could lose your right to pursue compensation.
Keep in mind that claims involving minors, government-owned property, or delayed discovery of injuries may have shorter or extended filing periods. Because these rules can be complex, it’s important to speak with a Stockton premises liability attorney as soon as possible. Your attorney can review your case, determine which deadline applies, and ensure your claim is filed on time.
Contact Our Premises Liability Lawyers in Stockton Today
Founded in 2016, Omega Law Group has the resources and experience to handle even the most complex premises liability cases. If you were hurt because someone failed to keep their property safe, you deserve answers and accountability.
Still wondering if you have a personal injury case? Don’t wait to get the help you need. We’ll take the time to understand your case, explain your rights, and build a plan to help you move forward.
Contact us today for a free, no-obligation consultation with a dedicated member of our legal staff.