Were you injured while on another party’s property in Stockton or elsewhere in San Joaquin County? If so, it is crucial that you are able to access immediate medical care and all of the financial support that you need to pay your bills. You may be entitled to compensation through a type of personal injury claim called a premises liability lawsuit. Here, our Stockton personal injury attorney provides a guide to suing for premises liability in California.
What is Premises Liability?
Premises liability is a legal concept in California that holds property occupiers (businesses) and property responsible for accidents that happen on their premises due to unreasonably unsafe conditions. In California, you may have a right to compensation if you were hurt on someone else’s property because of negligence. Some common examples of cases that fall under premises liability law include slip and fall accidents and negligent security claims.
Know the Standard of Liability: Premises Cases in California
Premises liability law does not impose automatic liability on a business or a property owner. That is a very important fact to understand. To hold a business or property owner legally responsible for your accident, there are several key elements that you must prove. As stated in the Judicial Council of California Civil Jury Instructions, you must establish that:
- The defendant owed you a duty of care—which usually means that you were lawfully on the premises;
- The defendant breached that duty of care through negligence—and as a consequence there were unreasonably unsafe conditions on the premises;
- The unsafe conditions caused your accident; and
- You suffered actual harm in the accident.
Premises liability cases are highly fact-specific. A number of different factors can be considered when determining whether or not a business/property owner was negligent. Key issues include the location of the property, how likely it was that someone would enter the property in that way, and the overall risk of harm created by the dangerous conditions. California courts also assess if the property owner knew or should have known about the dangerous condition and how difficult it would have been to fix or prevent the hazard.
Most Premises Liability Claims are Defended By Property Insurance Companies
Most premises liability claims in California are defended by the property owner’s insurance company—not the individual property owner themselves. While there are exceptions, victims should be prepared to take on a big insurance company after an accident..These insurance companies have experienced legal teams and adjusters who work to minimize payouts or deny claims entirely. For injured victims, this means dealing with a well-resourced opponent from the start. You need a top-rated Stockton personal injury lawyer on your side.
Not all premises liability cases require a personal injury lawsuit. Quite the contrary, many cases are settled outside of the courtroom. Your Stockton, CA premises liability attorney may be able to open up the claims process with a demand letter. A demand letter is a formal written document sent to the party responsible for your injury—usually their insurance company—explaining the facts of the incident, the extent of your injuries, and the compensation you are seeking.
Common Evidence Used to Prove Liability in Premises Liability Cases
To succeed in a premises liability claim in California, injured victims must be able to prove that the property owner or occupier was negligent. Common types of evidence used in these cases include:
- Photographs or Videos of the Safety Hazard: Images taken at the scene—such as wet floors, broken stairs, or poor lighting—can help prove the dangerous condition existed.
- An Incident Report: If the injury happened at a business or public place, ask for a copy of any formal report that was made.
- An Eyewitness Statement: Testimony from people who saw the accident or knew about the hazard can support your version of events.
- Maintenance/Inspection Records: These can show whether the property owner was aware of the issue or failed to maintain safe conditions.
What is the Statute of Limitations for a Premises Liability Lawsuit in California?
If a settlement cannot be reached in your premises liability case, you may need to file a lawsuit against the at-fault party. These are time-sensitive cases. In California, there is generally a two-year statute of limitations for premises liability lawsuits. There are only very narrow exceptions that apply to this deadline. You do not want to fall behind a negligent business or their property insurance company: Consult with a Stockton premises liability lawyer right away.
Recovering the Maximum Compensation through a Premises Liability Claim
Through a premises liability claim in California, injured victims have the right to seek compensation for the full extent of their damages, including for non-economic losses. Unfortunately, businesses, property owners, and their insurance companies fight hard to pay out as little as possible in claims. Our Stockton, CA premises liability attorneys fight aggressively to help injured victims secure the absolute maximum financial compensation, including for:
- Ambulance fees;
- Emergency room care;
- Hospital bills;
- Medical expenses;
- Loss of wages;
- Diminished earnings;
- Pain and suffering;
- Long-term disability; and
- Wrongful death.
Redkey Gordon Law Corp is the Leader in Personal Injury Law in Stockton
Personal injury claims are complicated—particularly so for premises liability cases. If you were hurt on another person’s property, the legal team Redkey Gordon Law Corp is standing by, ready to help you take action to get justice and the full and fair financial compensation that you deserve. With more than $25 million recovered for victims and their families, our case results show what we can do for clients. Your initial consultation with our Stockton personal injury lawyer is risk free.
Get Help From Our Stockton Personal Injury Attorney Today
At Redkey Gordon Law Corp, our Stockton personal injury lawyers are standing by, ready to fight to protect your rights. If you have any questions about suing for premises liability, we are here as a resource. Call us now or contact us online to arrange a free, no obligation case review. With a law office in Stockton, our firm represents injured victims throughout the wider region.