F.A.Q.    Frequently Asked Questions about premises liability

What obligations do property owners have regarding safety of their premises?

California state law requires that the person, corporation, or government entity that controls a property has a duty to maintain the property in a reasonably safe condition for all those who enter the property.

Unsafe conditions on another’s property caused my injury, do I have a claim?

When the failure of the property owner, or other entity that controls the property, to maintain a property in a reasonably safe condition results in harm to a person, that person may make a claim against the entity.

Does this law apply to government property as well?

California law holds government entities to the same standard. If you have been injured on a public entity’s land or building as a result of that entity’s failure to maintain it in a reasonably safe condition, you may have a claim.

What is the most common type of premises liability claim?

The type of case that Casey Gerry’s San Diego premises liability attorneys see most frequently is slip and fall. This term refers to the all-too-frequent situations in which a person slips or trips falls and is seriously injured in a store, a mall walkway, or other commercial space as a result of obstacles in their pathway, substances left on the floor or other conditions that reflect a failure to maintain safe premises.

How important is it to file a claim promptly?

In cases involving premises liability, especially if there is a question of negligence, gathering the facts and evidence as soon as possible, before evidence has been lost or destroyed, and while witnesses’ memories are fresh, can be critical to the success of a case.

Are there time limits for filing claims?

If you decide to pursue legal action, you should contact an experienced California premises liability attorney as soon as possible to review your situation. Every state has deadlines, called statutes of limitation, which regulate the filing of lawsuits. These vary from state to state. If you or a loved one has suffered serious injuries and believes that a property owner’s negligence was involved, you should not delay in contacting an attorney. If the statute of limitations expires, your right to pursue a claim may be forever barred.

What are employers’ obligations for maintaining a safe workplace?

In California every employer has a legal obligation to provide and maintain a safe and healthful workplace for employees, according to the California Occupational Safety and Health Act of 1973.

Unsafe work conditions caused my injury. Is this premises liability?

An employer has an obligation to maintain a safe workplace. If an employer creates or allows a dangerous condition at a work site which results in injuries to an employee or a contractor, the injured worker may have a premises liability claim. Examples of risks would be a hole left without adequate signage or an employer’s failure to install the safety equipment necessary to prevent falls or injuries. Casey Gerry premises liability attorneys have handled cases of unsafe building conditions, such as insufficient lighting in halls or stairways that contributed to a fall, and a malfunctioning elevator that stopped incorrectly, causing persons to fall as they entered or left the elevator.

I feel that I have a strong case, but I can't pay for a lawsuit.

The usual arrangement for hiring a lawyer in a premises liability case is a contingent fee agreement. The attorney agrees to be paid a fee only if the client's case is ultimately successful, either by settlement out of court or by a judgment following a court proceeding. The attorney then receives a percentage of the final amount recovered. This fee arrangement is helpful for most people facing a complex case involving premises liability because the person bringing the case is not required to pay any fees at the outset. The attorney may be able to advance part or all of the costs of litigation until the conclusion of the case.