How a Fremont Premises Liability Lawyer Can Help you with Injuries Sustained at a Property

Posted on by Naseer Khan

California’s ‘Premises Liability’ laws stipulate a ‘Duty of Care’ that requires property owners and occupants to ensure that their property is in a reasonably safe condition. The ‘Duty of Care’ mandates property owners, occupants, and controllers to exercise caution to maintain the property, inspect it for safety measures, repair any damaged/dangerous conditions, and display warnings for any potentially dangerous conditions.

Property owners or occupants who fail to adhere to these rules are liable for any injuries sustained by someone else on the site or property. In such events, the injured may file a premises liability case against the owner or occupant of the property through a premises liability lawyer for losses and sustained injuries. These cases can be filed for injuries sustained at a person’s residence or injuries sustained at the local grocery store, mechanic or hospital.

Statistics reveal that, each year, approximately 250,000 premises related incidents occur that lead to injuries or damages. Interestingly, 1 in 10 lawsuits filed in the US courts are related to premises liability. Yet, only 5% of such cases actually go to trial. This is because as per California’s premises liability legislation, the injured party is responsible for proving that the accident was caused by the negligence of the property owner.

Proving the negligence of the property owner can be difficult, especially when the victim is likely suffering injuries, loss of pay, and medical care expenses. This is where experienced Fremont Premises Liability Lawyers come to the rescue of such injured parties.

If you have suffered injuries in an accident arising from the negligence of a property owner, controllers or occupants, and are wondering if you should hire an experienced Fremont premises liability lawyer, read through this article to understand how a Fremont Premises Liability Lawyer can help you in your premises liability case.

But first, let’s get acquainted with some of the most common types of premises liability cases.

1. Trip and Fall Incidences
Trip and fall accidents are amongst the most common types of premises liability cases. Property owners are responsible to ensure a safe walking surface for everyone. However, many businesses and sidewalks fail to provide warning for damaged or slippery walkways that often results in people tripping and falling over, or slipping. Such falls cause both fatal and non-fatal injuries and in some cases, these falls lead to severe brain injuries, spinal injuries, fractures, and even death.

2. Careless Security
Property owners in all parts of California including Fremont are liable to ensure proper security at business premises, apartment complexes, and parking garages. However, a large number of criminal activities including pickpocketing, robbery, and theft occur at business premises, apartment complexes, and parking garages due to negligence or carelessness in security. Such negligence in security can put people at risk.

3. Falling Items
This is yet another common type of premises liability incidence that leads to a large number of fatal and non-fatal accidents putting lives at risk. Business establishments and property owners are obligated to ensure that their premises are safe, and that items do not fall from shelves or windows that could injure a person nearby.

If you have sustained any injuries due to such carelessness or negligence, you can pursue a premises liability lawsuit against the responsible party.

Now, let’s look at how a Fremont Premises Liability Lawyer can help you in your premises liability case.

1. Investigation of the Accident
An experienced Fremont premises liability lawyer can help you investigate your case thoroughly. In order to help you establish a fair insurance claim and a strong case, premises liability lawyers compile and collect evidence relating to the accident, including:

  • A detailed report of the accident
  • Medical care reports
  • Proof of loss of pay
  • Pictures of the accident scene
  • Surveillance footage
  • items that contributed to the fall
  • Testimony of witnesses

Your Fremont premises liability lawyer can help you quickly collect and compile evidence in order to ensure that you have a strong case in court. Your premises liability lawyer will also help you understand what evidence is most critical to your premises liability claim. It is critical to obtain surveillance video within the first month of the incident or it may be lost forever.  A Premises liability lawyer will know how to preserve that evidence so it can be used later.

2. Determination of the Liability
Premises liability cases are built on the negligence of the property owner. In order to claim compensation for the damages, you will need to prove the carelessness and negligence of the property owner. An experienced Fremont premises liability lawyer can help you understand the type of evidence that will be required to prove carelessness or negligence of the property owner and they will also help you understand how that evidence can be used in Court. Your premises liability lawyer will show how the owner’s negligence was the cause of your injuries.

Even if you are partially at fault, your Fremont premises liability lawyer can help you claim compensation through California’s comparative fault laws.

3. Calculation of Your Claim
Your Fremont premises liability lawyer will help you claim all monetary damages for your injuries.

Such damages include:

  • Medical care expenses
  • Loss of pay
  • Future Medical care
  • Pain and Suffering

Your Fremont premises liability lawyer can determine the rightful amount of losses you suffered based on your expenses and sustained injuries. In addition, your lawyer will also help you make claims for any future loss of pay or income due to sustained injuries and ongoing medical care expenses. Furthermore, a premises liability lawyer can help you get claims for emotional suffering and pain arising from the accident.

4. Negotiation with Insurance Company
Typically, insurance companies try and minimize a victim’s injuries, so they can minimize the money they have to pay. However, an experienced Fremont premises liability lawyer can help you seek full compensation for the injuries sustained due to the accident. Having an experienced lawyer by your side means that the insurance companies will take your claim seriously, and generally the insurance company will put more money on the table. Many times, insurance companies will even deny a rightful claim outright by placing the blame on the victim. This is where your experienced premises liability lawyer can help you fight the insurance company legally to get you your rightful compensation.

5. Avoiding Pitfalls and Delays
In most cases, navigating premises liability cases is a tiresome process and it is very easy for someone to make mistakes and miss out on the statutory deadlines. This could easily lead to dismissal of your case in court. However, an experienced Fremont premises liability lawyer can help you avoid missing case deadlines and other crucial pitfalls that most claimants make, as well as help you build a stronger case and get you the rightful compensation for your injuries.

The Bottom Line

If you have sustained injuries on a carelessly maintained property, don’t make the mistake of representing yourself in a premises’ liability lawsuit. Remember, premises liability legislation is extremely complex and even the minutest of mistake can cost dearly and you may end up losing your case. By hiring a specialist Fremont premises liability lawyer, you can ensure better chances of taking home your rightful compensation.

The state of California gives you 2 years to file a premises liability lawsuit against a property owner and 6 months against a government agency; so wait no further, Be sure to contact NK Law Group – Premises Liability Lawyer in Fremont, CA by simply filling out the contact form or by calling at 510-519-9497.

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