Slip and falls often occur without any notice and can lead to serious and painful injuries. We place a great deal of trust in the people who own the properties that we visit each day, and often there is nothing we can do to avoid suffering an injury from a hidden and unmarked condition. According to the law, however, property owners bear certain responsibilities when it comes to maintaining their premises in sufficient condition for visitors and guests. If you have suffered an injury on someone else’s property in the Fremont area, experienced premises liability attorney Stephen M. Fuerch is here to help. With over 35 years of experience, he knows what it takes to build persuasive arguments and advocate for your rights.Pursuing Damages from a Negligent California Property Owner
In general, a premises liability lawsuit is a type of personal injury claim that holds a property owner responsible for any harm or damages that arise out of an accident that someone suffered while on the defendant’s premises. There are different standards of care that landowners must apply to the maintenance of their properties, depending on the use of the area and the reason that the injured person was visiting it.
An invitee is someone whom the landowner invited to the property either directly or indirectly for commercial purposes. Shopping centers, restaurants, and grocery stores all fall within this category. A property owner owes these individuals a duty to inspect its premises and to repair or erect any safeguards necessary to make the property reasonably safe.
Social guests, or licensees, are individuals who are invited as guests for a social purpose or permitted to use the property by the landowner. A landowner owes a licensee a duty to regularly inspect the premises to locate any dangerous conditions and either fix them or post a sign warning of the hazard. An owner that knows of a dangerous condition and fails to either repair it or provide a warning is likely liable for any injuries suffered as a result of the condition.
Trespassers, which are people who have no permission to be on the premises, are typically precluded from seeking compensation for injuries they suffer while on the premises. In some cases, such as when a landowner knows that there is a strong likelihood that a trespasser will enter the property, the landowner has a duty to provide any warnings about non-obvious dangers. Children, who are often tempted by playground equipment, swimming pools, and other potentially hazardous attractions, are exempt from trespasser status in some situations.
After establishing the class of visitor to which he or she belongs, a plaintiff must then show that the landowner’s failure to maintain the premises in a safe and appropriate condition was the cause of his or her injuries. Finally, the plaintiff must provide evidence of the damages that he or she suffered, which can include medical expenses, lost wages, and pain and suffering.Consult a Fremont Attorney to Discuss a Slip and Fall Claim
Bringing a lawsuit against a property owner for injuries that you suffered while on its premises can be a stressful and awkward situation, particularly if the defendant is a friend or family member. Slip and fall lawyer Stephen M. Fuerch has helped many Fremont residents and other people throughout the Bay Area seek the compensation that they deserve after suffering harm due to a property owner’s carelessness. The Law Offices of Stephen M. Fuerch also serves injured individuals in communities such as Walnut Creek, Hayward, and Pleasanton. Call us now at 1-925-463-1073 or contact us online to set up a free consultation.