Injuries can happen anywhere. For example, you could have visited someone else’s property and gotten injured. While it is human nature not to want to make a big deal out of it, in Stockton, CA, landowners have the legal obligation to keep their properties free from potential hazards. In the world of personal injury law, such situations are known as premises liabilities, and it holds the property owner legally liable for any injuries caused on their property due to their failure to maintain a safe environment.
Whether you have been injured on public, private, commercial, or government property, you have the right to pursue compensation for the damages and losses you suffer due to the owner’s negligence. If you or someone dear has been hurt on another’s property, our Stockton premises liability lawyers at Brown & Gessell are ready to help you explore your legal options and pursue the compensation you deserve.
California Premises Liability Laws
Under California law, an individual or company can be held accountable for your injuries on their land if all the following apply:
- They leased, occupied, owned, or controlled the property
- They were negligent in failing to protect against hazardous conditions they knew or should have known about
- You suffered an injury
- The owner’s negligence was an essential factor in causing your injury
Property owners or other persons who control property have a duty to keep it reasonably safe. If they fail to do so or fail to warn you, it can constitute negligence and allow you to hold them liable.
Although negligence in Stockton premises cases can take various forms, some of the most common examples include the following:
- A slip and fall accident due to the property owner’s failure to clean up a spill
- Injuries suffered due to broken stairs
- Dog bites or animal attacks on another’s property
- Improperly stacked items at a store that fall and injure a customer
- Injuries sustained in an assault in a club due to negligent security
- A drowning or near-drowning at a swimming pool that occurred due to the owner’s failure to supervise or provide lifeguards
What to Do Following an Accident on Someone’s Property?
As in any other accident, your top priority is your safety and health. The following steps will guide you on what to do after an injury, regardless if the accident occurred at another person’s home, business, public place, or government-owned property.
If you have been injured, you must seek professional medical care immediately. Calling 911 will ensure that you will have your injuries checked by an EMT, which can also recommend additional treatment. Moreover, a police officer will take stock of the situation and compile an accident report. Once the property owner is alerted to your injury, they could attempt to convince you not to call 911 or could offer you cash on the spot in exchange for waiving your rights to legal action.
If you were hurt while at a place of business, store, or government establishment, it is best to speak with the member of security or the manager and ask for an incident report as soon as possible. Please fill it out to the best of your condition and request a copy before leaving the accident scene.
Even if your injuries do not warrant medical attention, visit a healthcare provider immediately to be examined. In most cases, the extent of injuries is difficult to detect right away. With the proper medical advice, you might be able to discern the long-term consequences of your injuries.
Accurate recollection of your accident is vital, and video with commentary or pictures can be some of the best tools to ensure this is the case. Take photos and videos of the scene of the accident. You can speak over the video and explain the steps leading to the premise liability accident or call out vital details that could be helpful to recall in the future. Evidence can also include statements from witnesses or clothing and shoes worn at the time of the accident. It is best to avoid washing, cleaning, or altering these items.
Keep Your Medical Records
To determine what fair compensation for your injuries and losses might be, you need to retain any medical records. You will also want to track all your expenses, lost wages, property damage, or other out-of-pocket expenses for medical treatment or equipment related to your injury.
Contact a Premises Liability Attorney
Some people file a premises liability claim independently before consulting with a personal injury attorney. While filing a claim is a straightforward process, it is designed as such to keep people from partnering with a legal team. Because insurance companies focus on one thing, to settle for as little as possible, your personal injury claim will be no different.
Regardless of how pleasant you find the insurance adjuster to be, and no matter how simple the matter of liability could be, when it comes to determining damages, insurers are trained to identify as many reasons as possible to minimize the final settlement. Please remember that insurance companies rarely, if ever, have your best interests in mind. Before responding to any questions or signing anything, contact a skilled premises liability lawyer to have someone looking out for your interests and rights.
Contact Brown & Gessell to Discuss Your Premises Liability Case Today
At Brown & Gessell, we offer a free consultation for all premises liabilities victims and a range of other personal injury cases. Our Stockton premises liability lawyers know that such cases can be complex, mainly because property owners and their insurance companies are incredibly aggressive in their efforts to dispute and minimize claims.
You do not deserve to carry the financial burden of someone else’s recklessness or negligence. By bringing your premises liability case to our attention, you can position yourself to recover the maximum financial compensation possible. Contact us today and let us work on your behalf to reach a settlement agreement that will fairly compensate you for your injuries and losses.