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The safety of an individual is important in society. There are numerous laws set in place to guarantee the safety of someone in a variety of situations. One of these is premises liability. In this area of law, a property owner has a duty to keep guests and visitors to their property safe. Allowing unsafe conditions to persist on their property can have grave consequences for unsuspecting people across the community.

Whether at gyms, restaurants, hotels, or other establishments, there are a number of places where someone could suffer severe injury due to unsafe conditions. Our San Francisco premises liability attorneys at Allegiance Law are here for just that reason – in case you have suffered at the hand of a negligent property owner.

What is premises liability?

Premises liability is when a person is injured on another person’s property. There must be negligence by the property owner that lead to the accident happening. In these cases, the victim must prove that there was a dangerous condition at the time of the accident that was not addressed by the owner and resulted in their injury. It may sound like a simple concept but there are many requirements to meet each of those elements in a case. Do not trust that the responsible party will do the right thing and willingly resolve the issue. Instead, trust in Allegiance Law to obtain compensation on your behalf.

Examples of premises liability in California

San Francisco has everything anyone could ask for. There is an infinite number of activities and places that someone may find themselves doing in their day-to-day life. Below are a number of common examples of premises liability cases that someone could be involved in that would require swift legal action:

  • Inadequate security: Sometimes, criminal activity can occur on a property. If a property owner could have avoided injury or anguish with proper security measures, they may be liable for damages done to visitors.
  • Amusement parks and fairs: Amusement parks get many visitors, with such an enormous number of people and a variety of attractions it is no surprise that they are oftentimes the sources of a large number of premises liability cases.
  • Structural integrity such as ceiling collapse: There are many buildings that are not updated or kept to the current code. If an accident were to occur due to structural integrity, the owner may be faced with lawsuits due to their negligence.
  • Defective staircases, escalators, or elevators: Another example are the workings within a building. A malfunctioning or defective set of stairs or escalators could spell disaster for those expecting easy movement about a building.
  • Swimming pools: One of the most common examples of premises liability, swimming pools can lack proper safety features like lifeguards and be areas of exorbitant amounts of accidents due to slipping patrons.
  • Rain, sleet, ice, and other weather-related incidents: Incidents due to weather are very common. A cold, winter night freezing over rain from the previous day can spell disaster in a variety of environments such as parking lots and venue entrances.
  • Dog or animal attacks: Another extremely common type of premises liability lawsuit, an uncontrolled dog or animal could attack a visitor to a property resulting in negligent charges on the owner of said animal.

Who can be held liable for premises liability

Depending on the type of property you were on, there are different parties that can be held liable for your injuries and damages. If the accident occurred on public property, the property owner, the company or individual, will be held liable if they acted in a negligent way to cause your injuries. Duty of care relates to any individual that was invited onto another person’s property. Private property premises liability differs slightly as there can be instances of a person injuring themselves when they were not invited onto the property.

In this case, you will need to consider some factors:

  • Invitation: the victim must have been explicitly invited onto the property by the owner.
  • Licensee: this refers to contractors and salespeople who have been invited onto the property
  • Trespassers do not have an invitation to enter the property but in some cases, there may be times that premises liability can still apply.

You should discuss each of these factors with your San Francisco premises liability attorney from Allegiance Law.

Statute of limitations for premises liability cases

Each state across the county must establish a time period in which a person has to file a lawsuit against another party. For California, that is two years. This clock begins from the date of the accident. You will need to prove the following for a successful case:

  • There was a duty of care established
  • The duty of care was breached
  • The breach of duty caused injury
  • The injury lead to losses

If these elements can be proven the case is essentially won. You will need a qualified attorney to fight to obtain compensation on your behalf.

Compensation for premises liability

When you suffer an injury on someone else’s property you may be entitled to compensation for your losses. Some of these include:

  • Medical expenses for past and future treatment for injuries sustained in the accident
  • Lost income if you are unable to work
  • Pain and suffering damages
  • Loss of enjoyment of life

There may be other damages you can be entitled to depending on the facts of your case. The total amount of compensation you can obtain for personal injury can vary on a case-by-case basis and often takes into consideration the severity of your injuries. Having a San Francisco premises liability attorney on your side can make all the difference in winning your case.

Allegiance Law is by your side in San Francisco

Allegiance Law is committed to the safety of community members across the Bay Area. With such a large population, we think that the collective security of residents is vitally important. Our empathetic approach to individual cases is a shining example of these values.

If you or a loved one is looking for a San Francisco premises liability attorney, please consider calling 415-404-6395 or clicking here for our online contact form. We are knowledgeable in liability law and are here to assure you have all the confidence you need moving forward with the legal process.