Santa Rosa Premises Liability Lawyer

What is Premises Liability?

Premise liability cases apply to situations where a person suffers a preventable injury on someone else’s property. According to the California Code of Civil Procedure section 1714, property owners have a duty to keep guests and workers safe from harm when on their property. In other words, in California, if you own, control, or possess property, you have a duty to keep the premises in reasonably safe conditions. If a person fails to fix a dangerous condition or to warn others about it, this may constitute a breach of the duty of care they owe to those people on their property. Below are some common examples of negligence in a premise liability case:

• • • Not fixing pulled or torn carpet
  • • Failing to fix broken steps
  • • Leaving debris in walkways
  • • Failing to perform necessary maintenance on a building
  • • Failing to clean up spilled liquids
  • • Failing to install sufficient lighting
  • • Not fixing holes on the property
  • • Failing to abide by the building codes
  • • Not ensuring floor surfaces are dry

Common Premises Liability Claims

In California, the law covers many different types of scenarios that can give rise to premises liability. Sadly, these accidents are fairly common. According to the National Floor Safety Institute, for example, slip and fall cases send over 1 million people to the hospital in the United States. The Santa Rosa premises liability lawyer at the Law Office of Kasra Parsad can review your specific case and identify the cause of your harm that happened on someone’s property and the person or entity that may be financially responsible for your losses. Our Santa Rosa premises liability lawyer handles various premise liability cases:

• • • Exposure to toxic substances
  • • Animal attacks and dog bites
  • • Fires or explosions
  • • Workplace accidents
  • • Structural collapses
  • • Amusement park accidents
  • • Negligent security
  • • Store or restaurant accidents
  • • Injuries at residential homes, malls, theaters, and apartment complexes
  • • Swimming pool accidents
  • • Obstructions (items such as electrical cords)

Speak with our Santa Rosa premises liability lawyer from the Law Office of Kasra Parsad today to learn more about your case and whether your injury on someone else’s property warrants a personal injury claim. Even if you think you have a minor case, if you received severe injuries and financial loss, then it is not. You never know how a competent lawyer might be able to help you, so there is nothing to lose by getting in touch with our office. Our complimentary consultation comes at no cost and we work on a contingency fee basis, so you don’t pay a cent unless we can recover for you.

How is Liability Established? 

To succeed in a premises liability claim, a plaintiff must show:

• • • The defendant owned or had control of the property;
  • • The defendant was negligent in the use or maintenance of the property;
  • • The plaintiff was harmed, and
  • • The defendant’s negligence caused the plaintiff harm.

The basic duty of care a landowner owes to a person on their property is to use reasonable care to keep their property in a reasonably safe condition. A landowner must use reasonable care to discover any unsafe conditions and to repair, replace, or give adequate warning of anything that could reasonably be expected to cause harm to others. Factors that are considered whether a landowner used reasonable care include:

• • • The location of the property;
  • • The likelihood that someone would come onto the property, in the same manner, as the plaintiff did;
  • • The likelihood of harm;
  • • The probable seriousness of the harm;
  • • Whether the defendant knew or should have known of the condition that created the risk of harm;
  • • The difficulty of protecting against the risk of harm; and
  • • The extent of the defendant’s control over the condition that created the risk of harm.

Who Can Be Liable For Premises Liability?

In California, the liable party will be the individual or company that owns, leases, occupies, or controls the property. If you were injured on someone else’s property, you can hold the individual, company, or entity in charge of controlling the property legally liable. The person you sue in your premise liability claim will differ from case to case. The defendant in your Santa Rosa premises liability case could be:

• • Multiple parties
• • An employee
• • Your landlord
• • A restaurant
• • A homeowner
• • A big box store
• • A business owner
• • A company
• • A retailer
• • A tenant or renter
• • A property management company

Control over property is typically sufficient to hold a defendant responsible for an accident in premises liability law. The person to be sued does not have to own, occupy, or control the property to be liable. 

Common Premises Liability Injuries

Like other personal injury cases, injuries will differ in each case. Victims of a premise liability accident may have to live with the results of the accident for the rest of their lives. Along with physical injuries, victims can also suffer emotional and mental damage from an accident. Our Santa Rosa premises liability lawyer helps clients with all types of personal injuries arising from premises liability accident claims:

• • Back Injuries
• • Bone fractures
• • Brain injuries
• • Broken Bones
• • Burns
• • Concussions
• • Cuts and scrapes
• • Head injuries
• • Knee injuries
• • Major Lacerations
• • Neck Injuries
• • Nerve damage
• • Permanent Disabilities
• • Scarring and Disfigurement
• • Soft Tissue Injuries
• • Wrongful Death

Premises Liability Damages

The amount of compensation you can receive from injuries sustained from a premises liability case depends on a case-by-case basis. There are numerous factors that determine the success of your claim and ultimately the amount of compensation you will recover. When you hire the Law Office of Kasra Parsad, our attorney will examine your medical records, accident-related expenses, and other evidence you have to determine the types of damages you may be able to recover. The following are some damages you may be able to recover after your accident:

• • Medical expenses: These costs include days spent at the hospital, surgery, prescription pills, transportation to the hospital, and doctor visits.
• • Rehabilitation costs: Depending on the severity of the injury, many clients injured on another’s property need physical therapy or other forms of rehabilitation in order to recover from their injuries. 
• • Future/Past medical expenses: Permanent, long-lasting injuries will continue to cost clients for many years to come after being injured on someone’s property. We seek compensation now to cover those costs.
• • Lost income: The severity of an injury can prevent clients from returning to work. This ultimately results in clients losing income and other benefits, leaving them struggling to support their families. We will always seek compensation for those losses.
• • Diminished earning capacity: Serious injuries from an accident on someone’s property can prevent clients from entirely returning to their job. As a result, some clients will have to take lower-paying jobs. We seek compensation to make up for this loss in earning power. 

We also help our client obtain compensation for nonphysical injuries. In California, plaintiffs are allowed to seek compensation for their emotional, mental, and psychological suffering in addition to their physical pain and economic losses. The Law Office of Kasra Parsad may be able to assist you in seeking a just amount for your pain and suffering, emotional damages, grief, and distress after an injury suffered on someone’s property.

What To Do If You Were Injured on Someone’s Property

After being injured on someone’s property in Santa Rosa, it may be hard to think clearly. But there are important steps you can take immediately following your accident to help build a strong claim. These tips can affect the outcome of your claim, so it is important to follow these tips to avoid any disputes about liability and damages. After your accident, take the following steps:

• • Report the incident to the property manager or owner, then ask for a copy.
• • Ask for a copy of the security footage, if any exist.
• • Do not accept fault.
• • Examine the scene for dangerous conditions.
• • Take many photographs of the scene, including property damage, your injuries, weather conditions if you were outside, and the scene of your accident.
• • Collect contact information from any eyewitnesses who may have seen your injury.
• • Go to the hospital for medical care.
• • Make sure to tell the doctor about every part of your body that feels pain. Do not minimize or leave out any of your injuries.
• • If given, follow your doctor’s treatment instructions, and do not miss any future doctor appointments.
• • Safely secure the clothes and shoes you were wearing during the incident.
• • Document the accident while it is fresh in your head. Afterward, keep a journal documenting your pain and injuries and your recovery process.
• • Before speaking with a lawyer, do not speak to an insurance adjuster or accept any sort of offer from the insurance company.
• • Get off social media. In the alternative, make your posts private.
• • Contact the Law Office of Kasra Parsad to discuss your claim with our Santa Rosa premises liability lawyer.

How Long Do You Have To Bring a Claim?

California law provides that plaintiffs have two years to file a claim from injuries they suffered while on someone else’s property.  If an accident involved a fatal death, two years is also the limit for filing a wrongful death claim. As soon as possible after an accident, you should reach out to our Santa Rosa premises liability lawyer.

How Can a Santa Rosa Premises Liability Lawyer Help?

The last thing you want to deal with after being injured on someone’s property is fighting the insurance company over fair compensation for your harm. It can be tempting to accept the first offer the insurance company throws your way when your injuries are throbbing, bills are piling up, and you’re missing work and not making an income.  The insurance company is looking to protect their company’s profits. They accomplish this goal by offering you a lowball offer that will not fully compensate you for your medical expenses, lost wages, and other costs. Whatever the insurance company may tell you, they likely are not on your side when you file a claim against them.

As soon as possible, you’ll want to contact our Santa Rosa personal injury attorney to assess your options. You should never accept the insurance company’s first offer, let alone speak to the insurance adjuster, without consulting with a premises liability accident attorney. Let our qualified attorneys help you recover the fair and full compensation you deserve while you focus on your recovery.