Premises Liability Attorneys in Walnut Creek, California 

When you’re injured on someone else’s property, it can be incredibly confusing. Have you fallen victim to negligence? Could the owner of the space be liable for your injuries and associated costs? It can feel overwhelming to think about filing a lawsuit against an individual or business. However, a personal injury attorney can help guide you throughout litigation so that you may receive restitution without the added stress often associated with legal proceedings.

At Brand Peters PC, we're committed to helping you understand the ins and outs of premises liability. We believe that knowledge is power, and by understanding these legal concepts, we can better serve our clients throughout Contra Costa County, Alameda County, and Solano County. If you've been injured on someone else's property due to their negligence, we're here to help guide you through the process of seeking compensation.

What Is Premises Liability?

Premises liability is the legal principle that holds property owners responsible for ensuring the safety of individuals who enter their property. When a property owner neglects to maintain safe conditions or adequately warn visitors of potential hazards, they can be held liable for any injuries that occur as a result. Premises liability cases span a wide range of accidents, including slips and falls, inadequate security, dog bites, swimming pool accidents, and more. 

To establish a premises liability claim, you, as the injured party, must demonstrate that the property owner was negligent in their duty to maintain safe conditions. This typically involves proving that the property owner knew or should have known about the dangerous condition and failed to take appropriate action to rectify it. It's important to note that premises liability laws can vary from state to state, so consulting with our attorneys is crucial to understanding your rights and legal options. 

Who Can Be Held Liable?

In premises liability cases, various parties can be held liable for injuries that occur on a property. The primary party responsible is typically the property owner, whether it's an individual, a business, or a government entity. However, other parties such as property managers, tenants, maintenance companies, and contractors may also share liability depending on their level of control and responsibility for the property. Thoroughly investigating the circumstances of your accident is critical to determine all potentially liable parties.  

Private Property vs. Public Property Claims

Premises liability claims can arise from accidents that occur on both private and public properties. Private property refers to property owned by individuals or non-governmental entities, such as residential homes, commercial buildings, and private businesses. Public property, on the other hand, includes government-owned properties such as parks, sidewalks, schools, and government buildings. 

The legal principles and requirements for pursuing a premises liability claim may differ depending on whether the accident occurred on private or public property. When filing a claim against a government entity for injuries sustained on public property, there may be specific notice requirements and shorter time limits for filing a lawsuit. Consulting with our personal injury attorneys who specialize in premises liability cases can help ensure that you understand the specific rules and procedures applicable to your situation. 

Property Owner Duty of Care 

Property owners have a legal duty to maintain their premises in a reasonably safe condition and to warn visitors of any known hazards. The specific duty of care owed by a property owner depends on the status of the visitor. Visitors are generally categorized as invitees, licensees, or trespassers. 

Invitees are individuals who are invited onto the property for business purposes, such as customers or clients. Property owners owe invitees the highest duty of care and must take reasonable steps to ensure their safety.  

Licensees are individuals who enter the property for social purposes, such as guests or friends. Property owners have a duty to warn licensees of any known hazards that may not be obvious.  

Trespassers are individuals who enter the property without permission. While property owners generally do not owe a duty of care to trespassers, there are exceptions, such as when the trespasser is a child or when the property owner is aware of frequent trespassing. 

Proving that a property owner breached their duty of care can be complex, as it requires establishing that they failed to meet the appropriate standard of care based on the visitor's status. We can help gather evidence and build a strong case to demonstrate the property owner's negligence. 

The Attractive Nuisance Doctrine

The attractive nuisance doctrine is a legal principle that applies in premises liability cases involving injuries to children. It recognizes that children may be drawn to attractive but potentially dangerous conditions on someone else's property, such as swimming pools, construction sites, or abandoned appliances. Property owners have a responsibility to secure these hazards to prevent accidents. 

If a child is injured by an attractive nuisance, the property owner can be held liable even if the child was trespassing. This is because children, due to their age and development, may not fully understand the risks involved.  

Comparative Negligence in California 

In California, the concept of comparative negligence plays a significant role in premises liability cases. This means that if you're found to be partially at fault for your injury, your compensation can be reduced by the percentage of your fault. For example, if you're 20% at fault for an accident, you can still recover 80% of your damages. 

While this may seem straightforward, determining fault in a premises liability case can be complex and contentious. Our skilled attorneys at Brand Peters PC can help argue your case effectively to ensure you receive the compensation you deserve. 

How an Attorney Can Help

Filing a premises liability claim can be an overwhelming process, especially when you're dealing with the physical and emotional aftermath of an accident. That's why having an experienced attorney on your side is crucial. At Brand Peters PC, our attorneys have extensive experience handling premises liability cases. We can help gather evidence, identify all liable parties, negotiate with insurance companies, and advocate for you in court if necessary. 

We understand that every case is unique, and we'll work closely with you to develop a legal strategy tailored to your specific circumstances and needs. Our goal is to ensure that you receive the maximum compensation possible for your injuries.