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Fresno Premises Liability Attorney
SKILLED PREMISES LIABILITY ACCIDENT LAWYERS SERVING FRESNO, CA
Every homeowner or tenant owes a duty to keep their premises reasonably safe for visitors and invitees. This duty is imposed under the law and the owner or occupier of the property will be liable if anyone is injured on the premises. This is known as premises liability. It is defined as the liability that an occupier or landowner has for certain torts that take place on their land.
If you have sustained injuries on the premises of a homeowner or a company, you may have a claim for compensation. You are legally entitled to be free from being injured by the acts or omissions of others and if you get injured, you are entitled to claim compensation. Let our Fresno premises liability lawyer assist you with your claim against a negligent property owner.
Some of the injuries you are likely to suffer -lacerations, broken bones, head injuries, or sprains- can send you directly to the ER and keep you there. You shouldn't have to suffer emotional and physical pain without at least some form of compensation.
Once you're injured on another's property in Fresno, California, one of the first things you should do is speak to a Fresno premises liability attorney. This is because, before you seek to secure compensation, you need to have a good grasp of what your case looks like and all the possible outcomes. Consult with your premises liability attorney to discuss your options.
Our Fresno personal injury attorneys at Roberts & Spiegel Injury Law are passionate and highly rated in skill and experience. We have helped many clients in the process of recovering compensation and have produced many positive outcomes. Many clients and residents have righted their finances and gotten their lives back on track with our assistance.
If you have been injured on Fresno premises, contact our team at Roberts & Spiegel Injury Law for quick and dependable representation.
Is the Property Owner Truly Liable?
In California, property owners have a duty to keep their premises safe and secure. They are legally required to fix or repair any hazards on their property and or at the very least, make sure that guests are adequately warned of any dangers. A property owner can be considered liable if they knew or should have known of a danger/hazard and failed to repair it, or failed to provide a warning about it.
In various other cases, the property owner may have fulfilled their duty and obligations, yet accidents occur. When this kind of scenario pops up, the fault will lie elsewhere. The manufacturer or the repair company, whichever the case may be, will be held liable.
Our Fresno premises liability attorneys handle a variety of premises liability claims, here are some but not limited to:
- Elevator/Escalator accidents: Persons who have been injured due to the malfunction of an elevator or escalator may be able to file a premises liability lawsuit against either the owner of the property or the manufacturer of the elevator or escalator.
- Slips and Falls: These usually occur because the victim had not been properly alerted by the property owner of such dangers like wet floors, icy grounds, slippery surfaces, etc. You can file a premises liability claim against the owner of the premises.
- Amusement Park Accidents: These accidents can range from minor injuries to deadly accidents. You should know that a waiver does not automatically exempt a property owner from liability for injuries. You can file a premises liability claim on the property owner's negligence.
- Swimming pool accidents: These types of accidents can occur if the pool is not properly protected by a fence or a barrier. If a property owner fails to secure their pool adequately, they may be found liable for any injury that occurs as a result.
Every case is different and so a complete and careful review should be carried out. Our Fresno premises liability attorneys always make sure to get the facts right and intensify their efforts in an angle that best suits the case and secures the compensation you deserve.
Recoverable Compensation in Premises Liability Claims
If you’re injured on someone else’s property because of their negligence, it’s not fair that you would have to bear the burden of all of your medical expenses and lost wages. In these cases, you can often receive compensation from the responsible party’s insurance company or the party themselves through a personal injury lawsuit if necessary. Common types of compensation include:
Economic Damages
When you’re injured on someone’s property and can prove it was because of their negligence, you will be entitled to economic damages, which are out-of-pocket expenses that come as a result of the accident. This usually includes medical expenses, which covers things like ambulance fees, emergency room visits, surgery, physical therapy, medications, and anything else needed to evaluate or treat your injuries in the present or future.
You would also be eligible for compensation to cover property damage and lost wages. If you’re unable to work in the future or you have to reduce your hours and make less money because of your accident, you should also be able to recover compensation for this reduced earning capacity.
Non-Economic Damages
Non-economic damages are a little more complicated, but just as important. These cover the non-financial aspects of your claim, such as how this event has negatively affected your life. This most often includes loss of consortium, pain and suffering, reduced quality of life, and scarring or disfigurement if applicable.
Punitive Damages
Punitive damages are rare but can be awarded in some cases. In California, they are only awarded in personal injury cases where the defendant’s behavior involved malice, fraud, or oppression.
- In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.
While the damages are awarded to the injured party, the goal is not to compensate them for their losses. Instead, these damages are intended to punish the responsible party and deter similar behavior in the future.
Determining The Value of Your Premises Liability Case
Now that you know the types of compensation you’re eligible to obtain, it’s natural to wonder how much money you could be entitled to. There’s no exact formula to determine how much you are going to receive – it is based on your losses and your specific circumstances.
This is always evaluated on a case-by-case basis. That being said, there are some factors that affect all payouts. This typically includes the severity of your injuries and medical expenses, with more severe injuries and higher medical costs leading to more compensation. Additionally, the defendant’s insurance policy limits play a role as well.
To determine what you’re entitled to, it’s important to consult a personal injury lawyer who can give you a better idea of what to expect. Contact us today to schedule a free consultation.
Contact Our Fresno Premises Liability Attorneys, We Can Help
If you have in any way been a victim of premises liability, don't suffer in silence. Let us help you solidify your chances of compensation. Contact the Fresno premises liability attorneys at Roberts & Spiegel Injury Law or call now on (559) 201-0911.
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Speak to our Experienced Fresno Premises Liability Attorney
More often than not, the Insurance agents and adjusters are looking to shortchange or cheat you out of fair compensation for obvious business reasons. Insist on speaking with a competent local Fresno premises liability accident attorney before you sign any settlement offer.
We have experience with handling these offers and we can naturally estimate fair estimation after an evaluation of your claim. Our attorney is ready to fight for you. Book a free consultation with us or reach out to us by placing a call to (559) 201-0911 to discuss your case.