Premises Liability Attorney in Sacramento

 
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Sacramento Premises Liability Attorney

Every day, dozens of people throughout the state are injured by some hazard on property which they were unaware of. People fall and injure themselves in grocery stores, banks, hospitals, as well as out on the sidewalk or in the post office.

If you were injured on someone’s property, you might have a premises liability claim. This is a type of personal injury lawsuit which allows injured victims to receive compensation due to the negligent or reckless conduct of another person. Contact the Law Office of Brian P. Azemika today to learn more.

Types of Premises Liability Accidents

Our clients have been injured in a variety of accidents, such as:

  • Slip and falls
  • Trip and falls
  • Amusement park accidents
  • Hotel or motel accidents
  • Dog attacks
  • Elevator or escalator accidents
  • Food poisoning
  • Swimming pool and hot tub accidents
  • Falling trees
  • Electrocution injuries
  • Construction accidents

In many cases, some hazard led to the injury. For example, spilled liquids in the grocery store aisle could cause a customer to slip, or defective scaffolding could fall on a sidewalk, injuring a member of the public. The hazard is usually man-made, but it could be naturally occurring. For example, ice could form after a storm near the door to a store, which sends customers tumbling if the owner does not remove it.

Who We Sue in a Premises Liability Claim

Under California law, a victim can sue anyone who owned the property, leased it, or had possession or control of it. This might be more than one party. We can sue:

  • Big Box stores
  • Mom & Pop stores
  • Landlords
  • Property management companies
  • Sports stadiums
  • Colleges and universities
  • Public and private schools
  • Government agencies
  • Private homeowners
  • Renters
  • Guests who control the property

FREE CASE EVALUATION

What an Injured Victim Must Prove

To succeed in a premises liability claim, a victim needs to show the following elements:

  • The defendant owned, leased, or otherwise controlled the property.
  • The defendant was negligent in how they used or maintained the property.
  • The victim suffered an injury.
  • The defendant’s negligent conduct substantially contributed to the injury.

Some of these elements will be much easier to prove than others. For example, whether a person was a property owner can be easily established by looking at property records or a lease. The same is true of injury—we can rely on medical records to determine whether our clients have suffered some bodily injury, like a fracture, concussion, or laceration.

Did the Defendant Use Reasonable Care?

This is usually the big question in a premises liability case. Unlike some other states, California doesn’t lay out precise rules that property owners must follow. Instead, we need to look at a variety of factors to determine whether the defendant fulfilled their duty of care under the circumstances. Not surprisingly, defendants will rarely admit that they were careless. Instead, they typically claim they did enough to keep the property safe and whatever hazard existed was beyond their control.

The legal analysis looks at:

  • Whether the defendant knew of the dangerous condition or should have known of it.
  • The likelihood the hazard would cause injury.
  • Where the property was located.
  • How likely it was that someone would enter the property like the victim did.
  • The burden or expense of fixing the hazard.
  • The burden or expense of avoiding the hazard.

For example, imagine that a ride at an amusement park is dangerous. Several visitors have already complained about the ride, so the amusement park has notice that it could hurt someone. A defective ride can obviously create serious injuries to large numbers of people. So although it might be expensive to fix, the defendant has a duty to keep people off the ride until they can take a close look and determine whether it is safe. If they fail to act, then they could be liable for an accident.

Premises Liability Claims & Big Box Retailers

Large companies aggressively fight off premises liability claims. Often, these big box retailers have loss mitigation departments which do nothing but handle legal claims against their business. An entire team of insurance adjusters, lawyers, and paraprofessionals is dedicated to saving the big box retailer money by rejecting as many claims as possible.

This is the sad reality. If you were injured, you need an attorney by your side. Many defendants will try to put responsibility for the accident on the victim. If they are successful, they can radically reduce the amount of compensation they pay or possibly avoid liability completely.

Contact Our Sacramento Premises Liability Attorney

Brian P. Azemika is not afraid to take on big retailers and California corporations. To speak with him about an injury claim, please call or send an online message.

 

BHighly recommended. Very professional and experienced. Brain Azemika, never disappoints. Very happy with my auto accident case.

– Jonathan

“I’m dedicated to you, my client…
I will always give you the personal attention you deserve…
And I will always be in your corner, seeking justice and compensation for you from those who have caused you harm… ”

~ Brian P. Azemika, Esq.