Premises Liability

Premises Liability Attorney in Orange County, CA

When you’re a guest or a visitor on someone else’s property in Orange County, you expect the premises to be free of hazards or defects. Floors should be free of slip and trip hazards, dangerous dogs should be secured, and any other hazardous conditions on the property should be dealt with before you arrive. Unfortunately, this is not always the case. Dangerous premises can lead to severe injuries that take away the life you love.

If you have been injured on someone else’s property in Orange County, Silverthorne Attorneys is ready to help. We will bring our dedication and legal skills to your case. When you work with us, you are always in control of the process. We vow to fight for your choices and your needs.

We are always available to answer any questions, and there are no fees unless we recover money for you. For your free case review, call us today or contact us through our online form.

What Is Premises Liability?

In general, premises liability is a legal theory of property law. Under that theory, a person who controls a property is liable when guests or visitors are injured by an unsafe or dangerous condition on that property.

These injuries usually happen due to hazardous conditions or defects in how the property is maintained. Injuries can be caused by many different sources in a premises liability case. These sources may include slippery floors, broken stairs, dog bites, dangerous swimming pools, and any other hazardous or dangerous condition on a property.

What Do You Have to Prove in a Premises Liability Claim?

In a premises liability case, you must prove several elements for your claim to move forward. These elements include:

• Proof that the person or organization you are bringing a claim against owned, controlled or occupied the premises at the time of the accident. This may involve property records, commercial leases, tax documents and many other types of evidence. By showing that someone owned or controlled a property when you were injured, you are showing who should have taken steps to protect you.
• Evidence that the person or group you are bringing a claim against failed in the duty to keep you safe. Individuals and organizations have legal duties to keep guests and visitors safe. By bringing in maintenance reports, customer complaints, photo evidence, and other types of evidence, you may be able to show that those responsible for your injuries did not take care of the premises the way they should have.
• You suffered injuries. This can be more challenging than you think. You may need medical records, photos, X-rays, and other types of evidence to show that you were injured in an accident.
• The property owner’s failures or negligence was a major cause of your injury. This is a key part of a claim because it links the failures to your injuries.

In California, you also may need to show whether you played any role in your injuries. California uses a comparative negligence rule in many cases. Under that rule, if you were partly to blame for your injuries, the compensation you are awarded for your injury may be reduced by the amount you were at fault.

For example, suppose a puddle has formed on the floor of a grocery store. A man is staring at his phone and does not notice the puddle. He slips on the puddle and falls, hurting his left leg. The man may share some percentage of fault for the accident. The compensation he is awarded by a jury for the fall is reduced by his percentage of fault.

The calculation of fault under the comparative negligence rule can be very complicated. That is another reason to have an Orange County premises liability attorney on your side during your claim.

Common Types of Premises Liability Cases We Handle

Our attorneys handle a wide range of premises liability claims. The types of claims we help with include:

• Slip and fall, or trip and fall, claims. When people slip or trip on hard surfaces or stairs, it can lead to devastating injuries. Broken bones, head injuries, and long-term pain are common outcomes from these types of accidents.
• Dog bites. People who own dogs are responsible for their pets’ behavior. If a dog bites you while you are at someone’s home or business, the owner may be liable for your injuries. Infection, scarring and loss of blood are some of the injuries that a dog bite can cause.
• Swimming pool accidents. Swimming pools can be a fun and refreshing place to spend the day. But they can be extremely dangerous for children and novice swimmers. Slippery surfaces, drowning risks, and chemical imbalances in the pool can all lead to lifelong injuries and even death.
• Injuries stemming from theme park accidents. We go to theme parks and water parks to have a good time. Even so, people sometimes end up seriously hurt. Roller coasters and other rides may malfunction, slippery surfaces may cause falls, and failures to maintain facilities can cause severe harm.

We handle these and many other types of premises liability cases. If you have questions about your case, we are always available to answer your questions. If you have been injured on someone else’s property, reach out today to one of our premises liability lawyers.

How Can an Orange County Premises Liability Lawyer Help You?

A premises liability claim can be an exhausting and overwhelming process. Building a valid claim can take knowledge, time and much effort. An Orange County premises liability lawyer can help you and your claim by identifying those responsible, negotiating for a settlement or fighting for you in court, if necessary.

When you bring a premises liability claim, you must collect key evidence, speak with experts, and gather the proof you need to support your claim. A premises liability lawyer has the expertise and resources to handle all of this for you. The lawyer can pull the available proof together and manage the process of investigating the accident and building a solid case.

After investigating the case and building your claim, the premises liability lawyer can represent you in any negotiations or settlement discussions. As part of that process, the lawyer will talk with insurers and those responsible for your injuries while fighting for the compensation that you deserve. The lawyer will keep you informed about the process, discuss the compensation you may be entitled to, and listen to your decisions on how to proceed.

If those who caused your injuries will not give you the compensation that you need for your injuries, a lawyer can file a lawsuit in court. Premises liability lawsuits may require court filings, a discovery process for evidence, and a trial in court. This can be a confusing process with detailed rules and laws. An Orange County premises liability attorney can take care of everything and manage your case from start to finish.

California Statute of Limitations on Premises Liability Claims

In California, you generally have two years from the date of the accident to bring a claim. However, there may be additional rules at play in a premises liability case. Property damage claims may have up to three years, while claims against the government may need to be filed sooner, usually within six months.

If you have been injured on someone else’s property, a premises liability attorney can review your case and let you know how long you have to file.

Compensation Available for Injury Victims

In California, you may be eligible for these types of compensation for your injury claim:

• Lost income and lost earning capacity. After an injury, you may miss work as your recover. You may also lose potential future earnings because of your injuries. In a premises liability claim, you may be able to recover these losses.
• Present and future medical bills. An injury can lead to sky-high medical costs, particularly if your injury is severe. Emergency treatment can drain your accounts. Even a short stay in the hospital can put your finances in jeopardy. A premises liability claim may include compensation for the past and current medical bills, as well as the future medical care you may need.
• Pain and suffering compensation. An injury may lead to significant and lasting pain. A claim may include compensation for these damages.
• Compensation for your emotional distress. An injury may lead to more than physical pain. You may be eligible for compensation for any mental conditions the injury causes, such as depression, anxiety and insomnia.
• Property damage and loss. Your clothing, jewelry, electronics and other valuables may be damaged or destroyed in a premises liability accident. Compensation may be available for repair or replacement costs.
• Compensation for a wrongful death. A tragic accident can end with the loss of a loved one. A premises liability claim may be a path forward. This compensation can cover lost benefits, pain and suffering to survivors, loss of care and companionship, funeral expenses and many other costs.

Other damages may be available in your claim. If you have questions about the types and amounts of compensation that may be available, speak today with a premises liability lawyer in Orange County, CA.

What to Do If You’ve Been Hurt on Someone Else’s Property

If you have been injured, these tips can help you protect your health and premises liability claim:

• Get the medical attention that you need after a premises liability accident. After you are injured, you may feel fine and decline medical care. However, get a medical review and diagnosis of any potential problems. Many problems may be beneath the surface and may take time to become apparent. Also, medical care and a doctor’s evaluation will generate records, such as X-rays and doctor’s reports, and those documents can be a critical part of a claim.
• Take photos and videos of your injuries and the location of the accident. Over time, your injuries may change in appearance as they heal. Take photos when the injuries are new. It is also important to photograph any relevant evidence at the accident scene. Other persons may arrive on the scene and clean up spills, move obstructions or repair problems before investigators look into your case. The photos and videos you take may make all the difference to your claim.
• Collect witness contact information from those at the scene. Act quickly to get the names and contact information for any witnesses. In many cases, eyewitness statements can be vital to your claim.
• Never admit to causing the accident. After an accident, you may be tempted to take responsibility for an accident, or you may think it was clearly one party who was at fault. The reality is that something or someone you never noticed could be the cause of the accident.
• Get in touch with an Orange County premises liability lawyer. A lawyer will work quickly to protect you and secure your claim. A lawyer will also review the facts with you and let you know what the best paths forward may be.

Talk to an Orange County Premises Liability Attorney Now

If you have been injured on someone’s property, contact Silverthorne Attorneys today. It is our mission to represent people throughout Orange County with the compassion and skill that they deserve. We are always available to answer questions, and there are no fees unless we recover money for you.

We focus on representing those who have been injured, and we are ready to help you. For your free consultation, call us today or use our online contact form.

Theme Park Accident

Theme Park Injury Attorney in Orange County, CA

We all love theme parks. All of us here at Silverthorne Attorneys enjoy the fun of theme parks, carnivals, county fairs and other events hosting rides and attractions. However, there is a dark side. The Consumer Protection Safety Commission estimates that the number of serious injuries on amusement park rides that warrant a trip to the emergency room have risen to almost 5,000 incidents annually.