San Diego property owners must maintain safe premises for all visitors. Whether you’re a customer, an employee, or simply passing through, you have the right to safety on another’s property. Suppose you’ve been injured due to a property owner’s negligence in maintaining their premises. In that case, you may have a strong case for significant compensation, providing a potential path to recovery and justice. Matthew De Lira APC has over a decade of experience helping San Diego residents reach massive settlements for their personal injury claims. He knows how to maximize your claim, ensuring you receive the compensation you deserve for your pain and suffering. Call (858) 333-7477 today!
What Types of Premises Liability Cases Are There in San Diego?
The types of premises liability cases are as varied as they are frequent. Anytime you’re injured due to another person’s property, bringing a premises liability claim may be possible. Common types of premises liability claims include:
- Trip, slip, and fall cases: This is the most common type of premises liability case. Generally, property owners must keep their premises and sidewalks safe from defects that could cause an individual to fall. This could include wet floors, trip hazards, or sidewalk defects. Other parties, such as contractors, could also be held responsible for these conditions.
- Animal bites: Dog owners will be held strictly liable for any harm caused by their pet biting another person. Strict liability means the pet owner will be held legally responsible regardless of the owner’s intent or mental state. This means that even if the dog owner did not know or could not have known that their dog might bite someone, they are still responsible for the harm caused. It does not matter whether or not the bite occurs on the responsible party’s property or in a public place.
- Negligent security: Property owners may be held liable for crimes on their property and the effects if it was reasonably foreseeable that the crimes could occur without preventative measures.
- Workplace injuries: Being injured on the job is a joint premises liability claim. Employees spend hours of their days at their jobs and have a legal right to protection from damage caused by their employer’s negligence.
Whether the property owner is an individual, a corporation, or even the government, they are all bound by the same responsibility: to maintain their premises for the safety of others. Failing to do so can result in significant and preventable harm to others. This underscores the importance of holding property owners accountable for their negligence, potentially leading to substantial compensation for the injured party. By seeking legal representation, you advocate for your rights and contribute to a safer community by holding property owners accountable for fulfilling their obligations. A successful premises liability claim can result in compensation for medical expenses, lost wages, pain and suffering, and other damages, providing a path to recovery and justice.
Elements of a California Premises Liability Claim
Californians are all under a general duty to exercise due care according to Civil Code section 1714(a). A negligence claim and a premises liability involve a legal duty, a breach of that duty, and a proximate cause leading to an injury. Unlike standard negligence, premises liability is grounded in the possession of a premises and the attendant’s right to control or manage the premises. A property owner must exercise ordinary care in managing such premises to avoid exposing persons to an unreasonable risk of harm. Ordinary care means the level of care that a reasonably prudent person would use in similar circumstances. This duty of care may also include situations where an individual suffers an injury off-site if the landowner’s property is maintained in such a manner as to expose persons to an unreasonable risk of off-site injury.
How Will a San Diego Premises Liability Attorney Help My Case?
A skilled San Diego premises liability lawyer is essential at every step of the legal process. After suffering an injury due to a property owner’s failure to maintain their property in a reasonably safe manner, your medical bills are likely mounting. As a result, you can suffer loss of income due to your inability to work. With physical and financial stress mounting, you’ll need experienced San Diego counsel to navigate the legal process. This includes gathering evidence, filing the necessary paperwork, and negotiating with insurance companies. A San Diego premises liability attorney will guide you through these steps, ensuring you avoid any procedural errors that could jeopardize your case.
Matthew De Lira has over ten years of personal injury experience. More importantly, he has worked on both sides of these claims, including for insurance companies. He knows how to negotiate with insurance companies to secure large settlements. His experience on the other side of the table gives him unique insight into the tactics and strategies used by insurance companies, allowing him to effectively counter them and secure the best possible outcome for his clients.
Matthew is dedicated to his clients, going above and beyond to ensure their needs are met. His empathetic and transparent representation style will make you feel understood and supported at every step. He understands the emotional and physical toll these cases can take and is committed to fighting for your rights. He’ll file a legal complaint on your behalf and start the legal process if needed. This may be the best move forward if insurance companies and responsible property owners refuse to offer a settlement that adequately compensates you for your losses.
Once the legal process is started, a skilled San Diego personal injury attorney will exchange documentation and evidence with the opposing party and make motions to persuade the judge to rule in your favor. If no judgment is rendered or settlement is reached by the close of discovery, your San Diego premises liability attorney will put your case together for trial. In a trial, your attorney will present your case, cross-examine witnesses, and argue on your behalf. Depending on your specific demands, the trial may be a bench or jury trial. In a bench trial, the judge will determine the outcome, while a jury trial leaves the decisions in the hands of the jurors. Your San Diego premises liability lawyer will guide you through the trial process, ensuring you understand each step and are prepared for any outcome.
When Should I Contact a San Diego Premises Liability Lawyer?
Time is of the essence if you’ve been injured due to a property owner’s failure to maintain safe premises. Premises liability claims in California have a two-year statute of limitations. This means you’ll lose your right to legal action if you wait longer than two years. An experienced San Diego premises liability attorney knows the essential deadlines and court rules, so you won’t risk jeopardizing your legal case on a procedural error. Don’t delay; act now to protect your rights and secure the compensation you deserve.
The Experience You Can Trust
Matthew De Lira APC is an experienced San Diego premises liability attorney who knows the legal process’s ins and outs. With so much on the line, Matthew will ensure your case is taken care of, and your rights are protected at every step of the legal process. Reach out today to discuss options in pursuing your personal injury claim. His go-big or go-home approach to premises liability claims will maximize your case’s value and provide the best chance for a large settlement. Don’t wait; contact us now to schedule a free consultation and start your journey to justice.