Fresno Premises Liability Lawyers
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Our Fresno Premises Liability Lawyers Are Ready To Discuss Your Case
Premises liability accidents occur anywhere, turning an ordinary day into a nightmare. Whether you visit a friend’s house, shop at a store, or walk through a public space, the risk of getting harmed due to unsafe conditions on someone else’s property is a persistent concern. When you get injured, call the Fresno premises liability lawyers from Arash Law at (888) 488-1391 for a free, no-obligation case review. We will help you understand your legal rights and options.
Nestled in the heart of California’s Central Valley is Fresno County, affectionately nicknamed The Big Raisin. Over 1,500 growers within this region produce all the raisins in the U.S. This agricultural county offers more memorable adventures that set it apart from the rest.
Residents and tourists alike can enjoy the General Grant Tree, Forestiere Underground Gardens, and the blossom and fruit trails. Additionally, a vibrant city awaits nearby, where visitors can explore shopping areas and dine at establishments serving the finest farm-to-table meals.
However, even in a county as forward-thinking as Fresno, premises liability remains a significant legal concern for both citizens and business owners. Many get injured while visiting friends, eating at restaurants, or shopping at grocery stores. These instances could potentially lead to financial difficulties and emotional trauma.
If you get injured on someone else’s property, seek the help of Arash Law. With the guidance of Arash Khorsandi, Esq., our Fresno premises liability attorneys are committed to seeking the compensation that may be available to you under California law.
Settlement in a premises liability case involving a fall due to a defectively placed aquarium within a classroom; the client suffered laceration injuries– JUDD ROSS ALLEN
Why You May Need Premises Liability Attorneys For Your Claim
Although you can initiate the filing of claims, our experienced Fresno premises liability attorneys can help you navigate your situation. Premises liability cases usually entail a complex legal process. Here’s what we bring to the table:
- Experience & Knowledge — Our Fresno lawyers can handle the different aspects of your premises liability claim. Our understanding of the rules and laws governing premises liability enables us to develop personalized strategies for our clients.
- Thorough Investigation — Conducting an investigation is necessary to gather evidence and demonstrate a property owner’s negligence. Our legal team is well-equipped to handle this task. We’ll collect camera footage, relevant documents, and witness statements to support your claim.
- Negotiation Skills — Most premises liability cases get resolved through out-of-court settlements. Our attorneys can advocate for you during negotiations. We’ll consider the potential losses applicable to your case when negotiating, which may include medical expenses, lost wages, pain and suffering, and other related costs.
- Court Representation — Our litigation attorneys can represent you before a judge and jury if your Fresno premises liability claim ends up in a trial. We can present your case, along with the available evidence to support it.
- No Win, No Fee — Our lawyers don’t charge any upfront lawyer fees. We work on a contingency fee basis; we don’t get paid unless we obtain compensation for you. However, clients may be responsible for certain legal costs or expenses related to their case, regardless of the outcome.
We can discuss our fee structure and other potential costs before proceeding. Learn what legal options you may have by completing our “Do I Have A Case?” form.
How Can Our Fresno Premises Liability Lawyers Support Your Claim?
After getting injured on someone else’s property due to the owner’s negligence, victims sometimes struggle beyond the injuries they sustained. Seeking a settlement for their damages and losses can also be a challenging task. If you are among the affected individuals, our Fresno premises liability lawyers can help you by:
Evaluating Your Case & Providing Legal Advice
The first step in any premises liability claim is to evaluate its strengths. Our Fresno attorneys will go through the details of your premises liability accident and assess if you have a viable case. We will also discuss the next steps and advise you on the appropriate action to take.
Investigating Your Case & Gathering Evidence
Compiling proof is necessary to establish the negligence of all responsible parties. As such, our Fresno accident lawyers will conduct a thorough investigation of the premises liability incident, gathering testimonies and other vital pieces of evidence. We will then review all the applicable laws in California that we can use to strengthen your case. We will also consult with experts, like medical professionals, to provide additional support.
Dealing With Insurance Companies
Some insurers may find ways to minimize payouts. We can communicate and negotiate with insurance companies on your behalf. Our premises liability lawyers in Fresno will present the evidence we have gathered to support the value of your claim.
Advocating For Your Rights In Court
Suppose out-of-court negotiations do not resolve the matter. In that case, our Fresno trial attorneys for premises liability cases are ready to bring your case to court if it is a viable option for you. We will advocate for your rights throughout the legal proceedings.
What Is Premises Liability?
Premises liability laws hold property owners accountable for injuries sustained on their property. If you’re a visitor and you get injured due to hazards on someone else’s property, you might be able to seek compensation for your injuries and losses.
Under this legal concept, owners are required to maintain a safe environment for anyone who enters their premises, whether residential or commercial. They are responsible for addressing and fixing dangerous conditions, such as:
- Broken stairs
- Faulty electrical wiring
- Inadequate lighting
- Uneven walkways
- Open holes
- Loose roof shingles
- Slippery floors
Premises Liability Law In Fresno, California
Cases of premises liability in Fresno follow the provisions of California Civil Code 1714, which states that whoever occupies or manages a property must keep the environment safe for guests. It also provides the following key elements that injured visitors must demonstrate to prove negligence in their claims:
- Duty of Care — Premises liability establishes the duty of property owners. They must take reasonable steps to address hazards and post warning signs for visitors.
- Visitor Classification — Visitors may come as invitees, licensees, or trespassers, with varying levels of legal protection based on their classification. The highest duty of care goes to invitees. These people are shoppers and diners who are invited for the financial benefit of the property owner or manager.
- Breach of Duty — The injured party must prove that the property owner breached their duty of care by failing to maintain a safe environment. If the responsible party knows or must have known about a hazard but fails to address it, they could be considered negligent.
- Causation — Next, there must be proof that a hazardous condition directly caused the injury. This step can be achieved in various ways, such as presenting CCTV footage or hospital records of a visit.
- Damages — Injured visitors must demonstrate that they incurred damages, such as costs for medical care, lost wages, pain and suffering, or other losses due to the accident.
Our attorneys in Fresno, California, have experience handling premises liability claims. We will use our knowledge and skills to advocate for you.
Types Of Premises Liability Claims
A premises liability claim can be applied to various situations. Talk with the premises liability lawyers in Fresno if you get hurt due to the following:
Slip-And-Fall Accidents
These occur when a person slips or trips on a hazardous surface on someone else’s property. Risks for slip-and-falls include wet floors, uneven surfaces, or debris left on walkways. Older people and those with disabilities are particularly prone to trip-and-fall accidents.
Dog Bites & Animal Attacks
Some animals, like dogs, are considered “dangerous conditions” within a property. Dog owners are generally held under strict liability, meaning they are accountable for any injury their pet causes, regardless of their intentions.
Additionally, landlords and property owners may also be partially responsible for dog bites and other animal attacks that occur on their premises. For instance, they may be potentially liable for any injury arising from their failure to implement safety rules regarding their tenants’ pets.
Negligent Security-Related Incidents
Property owners may face liability if they fail to provide adequate security measures to prevent foreseeable harm to visitors or tenants. Negligent security is a type of premises liability that usually arises in cases involving assaults, robberies, or other criminal activities on a property.
Swimming Pool Accidents
Swimming pools inherently carry risks, and those who swim in them typically assume the associated responsibility. However, property owners could be liable if they fail to provide adequate maintenance and supervision. Moreover, they might also be responsible if they did not employ safety measures to prevent unauthorized access, especially from children.
Construction Site Incidents
Aside from the inherent risks, a construction site could be unsafe due to the negligence of a property owner. For example, the landowner failed to inform the workers of a gas leak on their premises.
Injured workers could be eligible for workers’ compensation benefits under California laws. According to the Department of Industrial Relations (DIR), employers must pay for compensation benefits if you get injured while on duty. These include medical care, supplemental job displacement, and settlements for temporary or permanent disabilities or death.
Amusement Park Accidents
The rides, crowds, and water attractions increase the risks of premises liability accidents in amusement parks. Poor maintenance and inadequate risk assessment can lead to unexpected events. These incidents can occur in Fresno, especially since the county is home to numerous theme parks.
Elevator Accidents
Fresno has many apartment buildings and companies that rely on elevators as a means of mobilization between floors. When they malfunction, elevator accidents may happen. For example, individuals may get trapped inside and experience emotional distress or dehydration. In certain cases, victims may suffer loss of limbs or fatal falls due to defective doors.
Apartment Accidents
Residential buildings pose a significant inherent risk to occupants and visitors alike. Property owners and managers should regularly inspect their premises to identify and address potential hazards, ensuring they are safe. In apartment accidents, victims may be able to claim damages by proving the landlord’s negligence.
Who Is Liable In Premises Liability Claims?
Under the premises liability statute, negligent owners or managers are typically responsible for any injuries sustained on their properties. Some examples are private homeowners, landlords of apartment buildings, development owners, vacation rental owners, and property management staff. However, anyone who contributes to your accident would have partial responsibility.
- Maintenance and other employees have the responsibility to fix the issue.
- Other tenants, if you were injured within their apartments.
- Visitors whose negligence caused the accident
If someone is found legally responsible, they may be required to compensate you for your damages, either through their insurance or out of pocket. Contact our personal injury attorneys, who focus on premises liability accidents in Fresno, and we will pursue accountability through the proper legal channels.
Common Premises Liability Injuries In Fresno, CA
Here are some common injuries in premises liability claims:
- Traumatic Brain Injuries (TBI) — Accidents like slip-and-falls might lead to a brain injury when an object strikes your head or if your head hits the ground. TBI can significantly impact your cognitive skills, memory, speech, and emotional well-being.
- Spinal Cord Injuries — Not only is a spinal cord injury painful, but it could also cause permanent disabilities. The transmission of messages from the brain to other parts of the body is disrupted when the spinal cord is damaged. It may also result in partial or complete paralysis.
- Broken Bones — A bone fracture can result from slips and falls, animal attacks, falling items, or ride malfunctions. It can heal over time, but it could also permanently impair the affected person.
- Soft Tissue Injuries — Among the most common bodily injuries are sprains and strains, which occur when body parts are forcefully twisted, tugged, or forced into unnatural positions. Similar to bone fractures, soft tissue injuries can be severe and may not fully recover.
- Disfigurement & Disabilities — There are times when injuries result in a person’s lifelong deformity, handicap, or both. In these cases, the victim would need compensation for their ongoing medical costs and the loss of their previous life.
- Psychological Injuries — Accidents can have a profound impact on the victim, both mentally and emotionally, significantly impairing a person’s life. Some common psychological injuries are anxiety, sadness, and post-traumatic stress disorder (PTSD).
- Wrongful Death — Particularly terrible incidents, such as those involving trauma to the head and spinal cord, could lead to the loss of life. If your family member is a victim, talk to our wrongful death lawyers in Fresno. We will discuss everything you may be entitled to recover.
What Damages Can I Claim After A Premises Liability Accident?
Our Fresno attorneys help victims of premises liability accidents seek compensation for their actual losses, both present and future. In general, victims may be able to pursue the following damages:
Economic Damages
These are out-of-pocket expenses and other financial losses incurred as a result of the injury. Examples are:
- Medical bills
- Medication and rehabilitation expenses
- Lost wages
- Property repair costs
Non-Economic Damages
Some types of losses are intangible elements that can’t be quantified through bills and receipts. Rather, they are assigned a monetary value based on the injury’s impact on the victim’s life. They can be in the form of:
- Pain and suffering
- Emotional distress
- Mental trauma
- Loss of enjoyment of life
- Loss of consortium
Punitive Damages
In rare cases, the court might also award punitive damages. These don’t compensate for the victim’s losses. Rather, they act as punishment for the negligent party’s malicious actions. They also aim to deter similar behaviors in the future.
December 2016: $22M+ verdict in a mild traumatic brain injury case. The entire details of the case can be found in the public record filings by the defendant entity that sued its defense.– BRIAN BEECHER
What To Do After A Premises Liability Accident
After getting into an accident on someone else’s property, it is recommended to follow these steps to protect your rights:
- Assess your condition. Immediately check yourself for any injuries. However, be cautious if you suspect you have injured your neck or back. Excessive movement can exacerbate existing injuries.
- If you need help, get the attention of an employee, security guard, or passerby. Ask them to inform the person in charge. If you need medical assistance but are unable to move, you can also request that 911 be called.
- Report the incident. Notify the property owner or manager about the incident as soon as possible. Ensure that you document the details of the accident, including the date, time, and location.
- Document the accident. Take photos and videos of the scene, including your injuries, damages, and potential causes. You can also write down what happened before you forget some crucial details.
- Ask for the contact information of witnesses. They can help corroborate your version of events later.
- Visit a doctor. If you get injured, seek medical attention immediately after the accident. Keep detailed records of all treatments you receive.
- Consult Fresno premises liability lawyers. If you get injured on someone else’s property, you may want to know what legal remedies are available to you. Our experienced team can help you understand your legal rights and options for seeking compensation.
When To Hire Our Personal Injury Lawyers For Your Premises Liability Claim
When you suffer from an injury on someone else’s property, talk to our experienced premises liability accident attorneys in Fresno. You might initially consider handling the situation on your own. However, pursuing compensation for your losses may require experience and familiarity with the legal system.
Letting us handle your case from day one allows us to gather evidence while it’s still fresh. We would also be able to guide you on how to deal with insurance representatives, who may try different tactics to deny or devalue your claim.
Statute Of Limitations For Filing A Premises Liability Claim
Another important reason for getting help immediately is the statute of limitations in California. According to this legal doctrine, victims generally have to file personal injury claims within two (2) years from the date of the incident. If against a government agency, the deadline is shortened to only six (6) months. If you miss the deadline for your premises liability case, you forfeit your right to compensation.
In certain situations, the statute of limitations is suspended for a specific period. For minors, the time limit will not commence until they turn 18. If defendants are out of the state or in prison, the deadline will take effect only if they return or are released. Similarly, if they are declared insane, the statute of limitations may not start until they have already returned to their sanity.
If you want to know the deadlines and extensions applicable to your case, consult a premises liability attorney in Fresno. They can assess your case and help you understand the importance of these deadlines.
Frequently Asked Questions (FAQs) About Premises Liability
How Do I File A Premises Liability Claim?
After being harmed on someone’s property due to someone else’s negligence, you may have a valid premises liability case. You can pursue compensation for your damages and losses. Reach out to our Fresno premises liability lawyers; we can handle the entire process for you.
As part of the procedure, we will check and establish the key elements to prove the responsible party’s negligence. We will also evaluate whether you have the legal standing to file the claim.
Considering that you’re eligible, our injury law firm will file a claim against the liable party. We will demand fair compensation value from the insurance company and negotiate on your behalf. If we don’t reach an agreement, our trial attorneys at Arash Law can take your matter to court, given it is a suitable option for your case.
What Is Comparative Fault In California?
California’s comparative fault system underlines how a plaintiff’s recklessness can negatively affect their settlement. Accordingly, the injured party receives reduced compensation in proportion to their percentage of fault.
The state’s pure comparative negligence statute assigns shared responsibility among the parties involved. They will be assigned a percentage of liability that corresponds to the level of their contribution to the accident.
How Often Are Premises Liability Accidents In Fresno?
Although exact figures for Fresno are not available, similar incidents are known to occur nationwide. According to recent data from the Centers for Disease Control and Prevention (CDC), slip-and-fall incidents are a common occurrence in the United States, resulting in 34,573 fatalities and 161,374 injuries reported annually. The study also mentioned that many victims suffer painful injuries. That’s why our Fresno premises liability lawyers are determined to protect the rights of our clients.
Can Undocumented Immigrants In California File A Premises Liability Claim?
Premises liability accidents do not choose victims. Whether you are a natural resident of Fresno or an undocumented immigrant who got harmed on someone’s property, everyone is given an equal chance to file a claim for damages.
Additionally, undocumented employees are eligible for workers’ compensation under California law. This ruling exists to prevent employers from exploiting their undocumented workers. If you’re an unregistered immigrant and want to pursue damages for injuries, feel free to contact our personal injury lawyers in Fresno.
Get Help From Our Premises Liability Lawyers In Fresno
If you suffered an injury on someone’s property in Fresno due to unsafe conditions, you could have legal options for seeking compensation. With the help of our law firm, you can pursue damages from the insurance company. Arash Law provides victims with dedicated legal advocacy to help them understand their options for seeking compensation for expenses related to premises liability accidents. These include medical bills, property damage, lost wages, and pain and suffering, among other costs.
If you need an attorney to assist you with your case, contact us at (888) 488-1391 for a complimentary initial consultation. Our Fresno premises liability lawyers are ready to guide you through every stage of the process, from filing the claim and calculating your damages to negotiating with the insurance company.
Aside from Fresno, our personal injury lawyers, who handle premises liability cases, also offer their services to neighboring areas, including Madera, Woodlake, San Lucas, Rolling Hills, Tulare, Visalia, Kern, Wasco, Monterey, Soledad, and the Salinas Valley.
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