Trusted Partners

$10,000,000

Wrongful Termination

$6,700,000

Jury Verdict in Los Angeles County Superior Court for a $15/hr employee fired only because she was a pregnant Mexican woman who needed a handful of days off to give birth to her baby. Click here to learn more about this case.

$5,000,000

Construction Accident

$4,700,000

Hospital Employee Fired

$4,000,000

$4,000,000 Arbitration win for a sales associate at a major retail chain for workplace sexual assault. Click here to learn more about this case.

$3,400,000

Healthcare System

$3,320,000

Wrongful Termination

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Bakersfield Premises Liability Lawyer

You may wonder about your remedies when you are hurt on someone else’s property. You may have a premises liability claim if your injury is due to the property owner’s negligence. Whether the property owner will be responsible for your injuries depends on whether they fulfilled their duty of care to keep their property safe for others. Having a duty of care means property owners are required to ensure their property is safe for legal visitors and sometimes even for trespassers.

If you were injured because a property owner breached their duty of care, you might be entitled to damages related to those injuries, which you can pursue with help from a knowledgeable personal injury attorney. Generally, property owners must fix known hazards on their property. However, the law also takes a reasonable approach, recognizing that people cannot immediately remedy hazards. In many situations, property owners can fulfill their duty by adequately warning people of the hazards. A Bakersfield premises liability lawyer could help you find out more about these claims.

Types of Visitors to Property

Determining whether a property owner has a duty of care for a person depends on whether the visitor was on the property legally or illegally. Business invitees, social guests, and people legally on the property to fulfill other duties all deserve protection, or at least a warning, about potential hazards.

Trespassers are people illegally on the property. Generally, a property owner’s duty to trespassers is limited to refraining from intentionally harming them. However, if there is an attractive nuisance on the property, the property owner may have a higher duty to some visitors, particularly children. Our premises liability lawyers in Bakersfield can help individuals understand the duty of care in particular circumstances.

Who Owes Visitors a Duty of Care

In premises liability cases, people often talk about property owners. However, property owners may not be the ones who control the actual property. They could have delegated control to property managers, leased the property to tenants, or arranged for someone else to safely maintain the property. These agreements will not necessarily relieve the property owner of their duty. Still, they can complicate a premise liability claim because it introduces third parties.

Determining whether someone owed visitors a duty of care requires examining the property owner’s degree of control over the property, their awareness or potential awareness of the hazard, the frequency of visitors, the risk of serious injury, and whether the owner could have promptly taken steps to prevent the harm. Typically, the more relevant factors there are, the more probable it is that the court will determine the property owner had a duty of care. Conversely, if only one or two factors are present, the court might decide that no duty existed, which would rule out the possibility of a premises liability claim.

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WE HANDLE A WIDE RANGE OF PERSONAL INJURY CASES, INCLUDING:

BICYCLE ACCIDENT

BIRTH INJURY

BUS ACCIDENTS

CAR ACCIDENTS

CATASTROPHIC INJURY

CONSTRUCTION ACCIDENT

DOG BITES

MEDICAL MALPRACTICE

MOTORCYCLE ACCIDENTS

NURSING HOME ABUSE

SEXUAL ABUSE

Common Premises Liability Claims

Three of the most common premises liability claims handled by our lawyers in Bakersfield are slip-and-fall accidents, animal bites, and negligent security claims. Slip-and-falls look at the physical condition of the property. Animal bites look at whether a person had a pet that bit someone. Negligent security claims look at security measures. These three types of cases highlight the complexities of the duty of care. A property must be safe on all fronts, not just one.

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FREQUENTLY ASKED QUESTIONS

WHAT IS A PERSONAL INJURY?

Personal injury cases are some of the most common civil litigation cases—also known as “tort actions” or “lawsuits”—in the United States. They are filed by individuals who have experienced bodily injury, pain and suffering, and sometimes property damage in an accident caused by a negligent third party. These claims can also be filed for intentional harm or defamation of character by a third party.

DO I NEED TO HIRE A PERSONAL INJURY ATTORNEY?

While you are not required to have an attorney to file a claim, having an attorney can make a significant difference in your claim. A personal injury attorney has a deep understanding of the claims process and can help you navigate the complexities of the law. Your attorney can also help you level the playing field with insurers and can tell you whether you are receiving the maximum compensation to which you are legally entitled.

I HAVE BEEN INJURED IN AN ACCIDENT – WHAT DO I DO NEXT?

If you have been injured in an accident that was no fault of your own, there are steps you should take to ensure you are compensated for costs related to the incident. Taking quick action after your accident can profoundly affect your personal injury claim or lawsuit. After being involved in an accident, you should: Seek medical attention for your injuries, even if symptoms are not immediately apparent. Keep a record of your injuries and note any complications that arise because of your injuries. Report the incident as soon as possible after it occurs. Record detailed descriptions and notes about the facts of the incident. Keep receipts of medication and medical care you received Contact an experienced personal injury attorney in Los Angeles who can help you navigate your claim.

WILL MY PERSONAL INJURY CLAIM GO TO TRIAL?

Not all personal injury claims make it to court. In fact, a majority of injury cases are settled without having to litigate. What’s the difference between a settlement and going to trial? What are the pros and cons of each? There are two ways in which compensation can be awarded to you for your claim: through a settlement or by going to trial. There are pros and cons to each. When your claim is settled, the compensation for your claim is decided outside of court, usually through negotiations between lawyers.

HOW LONG DO I HAVE TO FILE A PERSONAL INJURY CLAIM?

In California, you have two years to file a personal injury claim against an individual or non-government entity. If the injury is not immediately known, you have one year from the date the injury is discovered. If you’ve suffered injuries from an accident that was caused by someone else’s negligence, you should act quickly to ensure you are able to recover compensation for your losses.

Notifying Insurance Companies

You should notify your insurance company and the responsible party’s insurance company as soon as possible after your accident. Most insurance companies request that you file your claim within 24 – 48 hours after your accident. When you file a personal injury insurance claim, you are requesting that the at-fault party’s insurance pay for the losses you suffered as a result of your accident, and the compensation amount is determined during negotiations. Seeking Compensation You can get financial compensation in two ways: filing a personal injury insurance claim or filing a personal injury lawsuit. Generally, compensation can be sought for two types of damages: economic and non-economic. Economic damages are those with a measurable monetary value, such as medical expenses and lost wages. On the other hand, non-economic damages refer to losses that cannot be easily quantified, such as pain and suffering or emotional distress. It is important to understand the types of damages available in your case so that you can seek compensation for all of your related losses. Soon after your accident, contact a knowledgeable personal injury attorney in Los Angeles who can explain the time limits to you and help you get the compensation you deserve.

ARE THERE PERSONAL INJURY LAWYERS NEAR ME?

Our firm is located in downtown Los Angeles. We can take all personal injury cases based in California.

Talk to a Bakersfield Premises Liability Lawyer

Sustaining an injury on someone else’s property can get complicated very quickly. Generally, a property owner must be negligent to be financially responsible for an injury. Negligence requires breaching a duty of reasonable care as it relates to hazards around the property. When that negligence exists, you may be entitled to compensatory damages that cover economic and non-economic losses.

Fortunately, most premise liability claims are covered by insurance. Having a lawyer to negotiate with their insurer can help the process go more smoothly and preserve relationships if you were injured on a family member’s property. For more details, schedule a consultation with a Bakersfield premises liability lawyer.

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READY TO SPEAK WITH AN ATTORNEY?

If your claim has been denied or your attorney has decided to give up, reach out to our firm for a second opinion.