A Guide To Premises Liability Law

What happens when you are injured on someone else’s property? Can you hold a Fremont, CA property owner accountable for your personal injury? What are the limitations to premises liability laws? How can I be compensated for injuries that occur at someone’s property?

Our premises liability lawyers are here to answer all your questions and help with your premises liability lawsuit.

What is Premises Liability?

Whether you are going to the local Fremont grocery store, movie theater, swimming pool, gym, or just visiting your neighbor’s place, you expect the property to be safe and free from any hazardous conditions. Poor building maintenance, lack of proper security, or fecklessness in controlling pets leads to many hazardous incidents, which can lead to injuries and may require you to call a premises liability lawyer.

Premises liability law requires property owners in Fremont and anywhere in California to keep their land and buildings safe and free of any hazards that may cause injury to a passerby or a person visiting the premises. However, property owners often fail to provide such a risk-free and secure environment, or they fail to warn patrons of these risks.

People who sustain injuries due to the negligence or inadequate maintenance by property owners or caretakers may claim compensation for physical injury, pain and discomfort, lost wages, medical bills, and other expenses as provided under premises liability laws. Premises liability lawyers are experts in dealing with such cases and evaluating the viability of such claims.

Premises liability cases encompass a wide range of scenarios. Even the presence of a potentially dangerous dog on someone’s premises can come under the realm of premises liability because it involves an unsafe condition for visitors on the property.

Let’s look at some of the most common scenarios of when you need to consult a Fremont premises liability lawyer.

Different Types of Premises Liability Cases

Most premises liability cases involve physical injury. These cases can be very difficult to pursue and Premises liability lawyers are familiar with the complexities involved. Below are typical premises liability cases:

• slip and fall accidents
• workplace injuries
• snow and ice accidents
• amusement park accidents
• swimming pool accidents
• electrocution
• fire Burns
• elevator and escalator accidents
• dog bites
• injuries due to water leaks on-premises, and
• poisoning due to toxic gases or chemicals

If you or your loved one is injured or has suffered any loss in any type of the above accidents, you should immediately contact a Fremont premises liability lawyer to claim your due compensation.

Premises Liability with respect to the Status of Visitors

Premises liability is a legal term used to define an owner’s “duty of care,” i.e. the responsibility and accountability that a property owner has towards keeping his/her premises safe for visitors.

The laws pertaining to premises liability vary from state to state. While some states maintain that the landowner has a certain duty of care in the ownership and maintenance of the premises with regards to every visitor; other states allow certain limitations on the property owners’ liabilities for their premises on the basis of the visitor’s status.

States usually classify visitors to the property as invitees, licensees, and trespassers.

This classification is done depending on the implied consent given to the visitors to enter the property.

Friends, family, and neighbors are people who are called Invitees. The property owner generally has a sense of duty to keep his or her property duly safe for such known invitees.

For someone who is visiting the property for any business purpose or his or her personal work, there is an express or implied permission to enter the property. In such scenarios, the landowner should bestow some degree of reasonable care to warn the licensee of any potential hazards on the premises that the owner is aware of but the licensee may not be able to see all by himself/herself. Generally, people like salesmen and servicemen fall under the category of Licensees.

However, not all people are authorized to intrude on someone else’s property. States define such unauthorized people as trespassers. Conventionally, property owners have no liabilities towards trespassers; however, if the trespasser happens to be a minor, the owners must take adequate action to mitigate any foreseeable danger to children that could occur on their property, especially swimming pools and playgrounds.

The above classifications have many nuances, which can be difficult to decipher and comprehend. That’s why it is beneficial to always consult an experienced Fremont, CA premises liability lawyer to evaluate your case.

When to Hire a Premises Liability Lawyer

Negligence is the most common cause of premises liability cases. In fact, in order to claim premises liability, the injured person needs to prove that the property owner was negligent in providing safe and secure conditions to visitors on his/her property. Generally, negligence means that the property owner was careless in the ownership and/or maintenance of his/her premises.

However, proving a property owner’s negligence is not that easy. You cannot file a lawsuit against someone simply because you were injured on his premises. If the property where you or your family got injured had some unsafe conditions, it does not imply that the property owner was necessarily at fault. Your Fremont premises liability lawyer must prove that the property owner knew or should have known about any potential dangers on his/her property and still did not take adequate action to correct the situation.

Premises liability cases may not appear to be as drastic or perceptible like car accidents, but they can cause severe injuries that take months or years to heal. There are cases where people have to forego a significant part of their lifestyle to recover from the damages incurred due to a landowner’s negligent actions on his/her property.

Some common injuries that require you to hire a premises liability lawyer are:

• Bone fractures
• Electrocution
• Burns due to fire breakouts
• Spine Injuries
• Head and Neck injuries
• Eyesight loss

A Fremont premises liability lawyer investigates the cause of your injury and fights for your claim for compensation on your behalf. Hiring an experienced premises liability lawyer will help you hold the property owner accountable for his/her negligence relating to providing safe property conditions.

What You Can Do

If you have been injured due to a property owner’s recklessness in their premises maintenance, you are eligible to be compensated for the expenses that you incurred. Contact a Fremont premises liability lawyer from NK Law Group  to determine whether your case qualifies for a premises liability action. Our attorneys at NK Law Group strive to get you justice while you focus on your recovery; and all this comes with a no-fee guarantee, i.e, we only get paid if you get paid.

We handle your premises liability lawsuit with the utmost empathy, making sure you do not experience further pain or stress due to a landowner’s negligence or the refusal to provide necessary compensation. All it takes is just a call at 510-519-9497 to get our best premises liability lawyers to action.

EXPERTLY REVIEWED BY

Naseer Khan, Esq.

April 25 2024

Top-rated personal injury attorney Naseer Khan, Esq. has over a decade of experience advocating for injury victims in California. As an award-winning attorney and a member of the American Association for Justice, Khan has a stellar track record of success and devotion to justice for his clients.