Premises Liability

San Diego Premises Liability Attorney

The legal area of “premises liability” includes any injury occasioned on the property of another and arising from another’s negligence. Premises liability generally refers to injuries that occur to victims as a result of unsafe conditions on another person’s property. Many premises liability cases include “slip and fall accidents”. These include injuries caused when one slips, trips or falls as a result of a dangerous or hazardous condition on someone else’s property. It includes falls as a result of water, ice or snow, as well as abrupt changes in flooring, poor lighting or even a hidden hazard such as a gap or hole in the ground.

Other injuries may occur from other causes and often by such things as construction defects that cause personal injury, assault and battery due to absence of security, automatic doors that malfunction, elevators that malfunction, poorly secured objects that fall and cause injury, malfunctioning machinery in carnival rides and theme parks, defective gates and other electrical equipment, overhanging branches, swimming pools, fires, explosions, roof cave-ins, broken glass, animal attacks, faulty store displays, etc. Negligent premises conditions can exist in just about every type of building including private homes and apartment complexes to public buildings including, theaters, malls, sports facilities, amusement parks, government buildings, commercial buildings and even open spaces such as parks and campgrounds.

Liability of Owners and Others

Property owners have a legal duty to use reasonable care to keep their property safe from dangerous conditions. However, other persons, such as a tenant, the manager of a property, and contractors working on the premises may also be responsible for maintaining the premises in a safe condition and could be liable for injuries which occur on the property as well. An owner or occupier of property must use reasonable care to inspect the property and discover any unsafe conditions. The owner or occupier also has a duty to correct, repair, replace, or give adequate warning of any condition that could be reasonably expected to harm others. For example, a store owner has a duty to make reasonable inspections of the store because of the danger of merchandise falling on the floor and creating a hazard. The same store owner also has a duty to inspect the walkways and display aisles to ensure that no hazards exist that could lead to a fall, such as liquids, merchandise, or produce that may have fallen on the floor. The failure to make reasonable inspections of a property may subject the owner or occupier to liability for injuries caused as the result of the failure to inspect the premises.

Recoverable Damages

Depending upon the facts of your premises liability claim, the following damages may be coverable:

  • Medical bills and expenses incurred as a result of the incident
  • Lost income due to inability to work while recovering
  • Compensation for pain and suffering as a result of the incident known as “general damages”

If you have suffered a serious bodily injury on the property of another you need an experienced premises liability lawyer to make sure your interests and rights are protected. Effective handling of premises liability cases requires a thorough investigation and knowledge of the law and facts which caused the accident.

The Gould Firm is very familiar with the issue involved in premises liability cases and had obtained many large settlements and verdicts for their injured clients. Let us help you obtain the compensation you.

Call The Gould Firm today at (619) 941-0667. We are here to help.