IWV Legal proudly serves clients throughout Kern County on Personal Injury cases.
Premises liability cases involve injuries caused by dangerous or unsafe premises, such as due to undermaintained facilities. If you or a loved one has been injured as a result of hazardous premises, you have the right to sue for damages. Our lawyers at IWV Legal can take a detailed look at your case to help you determine the best legal strategy moving forward. We will work personally with you to build a case around your needs and goals for damages, such as to recover medical expenses tied to your injuries and any pain and suffering you may have endured.
Premises liability covers a range of situations, such as:
- Slips and falls
- Swimming pool or waterpark accidents
- Dog bites
- Construction site accidents
- Stair or flooring injuries
- Elevator accidents.
Under California premises liability law, a person who owns, leases, occupies, or controls a premise or property is held liable for negligence if they fail to:
- use reasonable care to keep the property in a reasonably safe condition; or
- use reasonable care to discover any unsafe conditions and repair, replace, or give adequate warning of anything that may be expected to cause harm.
“Reasonable care” in the context of premises liability includes examining factors like the location of the property, the likelihood that someone would visit that property, and the likelihood of harm. The court will also examine the seriousness of any harm that occurred, whether the defendant should have known about the risky condition, the difficulty of protecting against this risk, and the extent of control the defendant had over that risk (e.g., whether it was preventable).
Schedule an initial consultation with our attorneys at IWV Legal by calling (760) 713-8455 today to get started.
Injured individuals can sue for economic and non-economic damages for their injuries. The court will hear the case as long as it is filed within the statute of limitations of two years from the date of the accident. Otherwise, the court may dismiss the claim.
Some examples of the compensation a plaintiff may recover in a successful lawsuit include:
- Medical bills and expenses
- Future medical care
- Lost wages
- Emotional distress
- Pain and suffering
In serious cases, the court may order punitive damages to be paid by the defendant, which are meant primarily to punish the defendant and discourage them from repeating the same behavior in the future (e.g., failing to perform routine safety checks).
In cases involving wrongful death, family members can file a wrongful death claim and secure compensation for related expenses like loss of future earnings, funeral and burial costs, and loss of companionship. The statute of limitations for wrongful death cases is two years from the date of the death.
Do not hesitate to get started on your premises liability lawsuit. A two-year filing deadline passes by quicker than you might think, so having an attorney on your case who is well-versed in premises liability cases can help make the legal process more efficient. You can count on us to shoulder the burden while you focus on you and your loved one’s recovery.