Premises Liability
Attorney
in Sacramento
Sacramento Premises Liability Attorney
Every day, dozens of people throughout the state are injured by some dangerous condition on property of which they were unaware. 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 claim which allows injured victims to seek compensation for injuries suffered as a result of a property owner’s negligence. Contact the Law Office of Brian P. Azemika today to learn more.
Types of Premises Liability Accidents
In addition to your typical slip and fall accident or dog bite, our clients have been injured in a variety of accidents related to the property, such as:
- Amusement park accidents
- Hotel or motel accidents
- Elevator or escalator accidents
- Food poisoning
- Swimming pool and hot tub accidents
- Falling trees
- Electrocution injuries
- Construction accidents
In many of these cases, a dangerous condition of the property caused 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 fails to take steps to prevent the existence of the dangerous condition.
“If you have been hurt on commercial property, it is important to have an employee, usually a manager, fill out an incident report. If you are asked to sign it, you are entitled to a copy of the document.”
– Brian P. Azemika, Sacramento Premises Liability Attorney
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 experienced attorney by your side. Many defendants will try to place blame for the accident on the victim. If they are successful, they can radically reduce the amount of compensation they pay or possibly avoid taking responsibility altogether.
Can You Sue for Compensation?
California law allows accident victims to seek compensation in certain situations. The key issue is whether the person who owned or controlled the property was negligent in maintaining it. You can seek compensation when the owner failed to use ordinary care to protect you from injury.
This is a fact and circumstances test, with few bright-line rules. You can’t always sue if you are hurt on property, but you can if the owner failed to act reasonably based on the circumstances.
Some factual considerations include:
- Whether the owner created the hazard. If they did, then they certainly should know it existed. They also have time to warn visitors or cordon off the area.
- Whether the owner knew the hazard existed, even if it was naturally occurring. If they knew, then they can’t delay in protecting the public.
- How long the hazard existed. Even when the owner doesn’t know, they should reasonably uncover a hazard that has existed for a long duration.
- Any steps the owner took to fix the hazard or warn visitors. An owner who does nothing is less reasonable than an owner who takes prompt, thorough action. When an owner tries to fix a defect, they should use ordinary care.
- The victim’s reason for being on the property, such as whether they were trespassing. California does not prohibit trespassers from bringing a claim—but it’s harder.
Our Sacramento premises liability attorney can review all the facts to determine if the property owner or occupier is liable for your injuries.
Compensation for a Premises Liability Accident
Our injured clients seek compensation for economic and non-economic losses. We recommend calling our firm to discuss your case. Our strategy is to obtain the most financial compensation for serious injuries that we can.
Economic damages include:
- Property damage. A falling tree could smash a hole in your roof or otherwise damage property, like a parked car. A person who slips and falls could damage their glasses or cell phone.
- Medical bills. Any accident could send you to the hospital. Serious injuries often require surgery or extended physical therapy. You should also receive reimbursement for pain killers, prescription medication, doctor’s visits, and diagnostic tests, along with any other medical bills.
- Lost wages. Bodily injuries keep many accident victims from returning to work, resulting in lost income. You should request that a negligent defendant pay compensation to cover this economic loss.
- Non-economic damages include:
- Emotional distress
- Depression
- Mental anguish
- Physical pain
- Bodily limitations
- Scarring
Can You Negotiate without a Lawyer?
California does not require that you hire an attorney. But there are many advantages to reaching out to our firm:
- We can handle all the paperwork and phone calls for you. This will allow you to fully focus on physical and emotional recovery.
- We will search for evidence to use in your claim, relieving you of this burden. To win a premises liability case, you need evidence that allows people to recreate what happened. Often, finding relevant evidence takes time, which few injured victims have.
- Our firm can put a dollar amount on your injuries. We rely on extensive experience in personal injury law to identify how much financial compensation to request.
- We will send a demand letter to the defendant in which we explain the accident and request monetary compensation.
- Our lawyer will negotiate effectively to find a mutual resolution to the dispute. Most of our cases settle without any need for litigation.
- If necessary, our firm can file a lawsuit in court to recover damages for your losses.
Don’t rely on any Sacramento law firm. Let the Law Office of Brian P. Azemika be your voice through the claims process.
Comparative Negligence & Premises Liability Accidents
What happens if you weren’t paying attention when you entered someone’s property or took an unnecessary risk? For example, a store might have had a “Wet Floor” cone set up, but you run into the store anyway. Or you fail to pay attention to where you’re going when you slip on a piece of trash in a grocery store.
In these situations, your own negligence can reduce your compensation. California uses a “pure” comparative negligence scheme. Your share of fault will reduce your compensation proportionally. Someone who is 55% at fault will only receive 45% of their damages, at most.
Do not be surprised if the defendant tries to blame you for your accident. They have a financial incentive for doing so. If hired, our firm will carefully review all evidence and argue that your own negligence was minimal.
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.
