Owning property means taking responsibility for the safety of people you invite onto your property. If you were injured at a retail store or other commercial or residential premises, the property owner may be liable for your injuries. Unfortunately, determining negligence after a property accident isn’t always easy and depends largely on the relationship of the property owner to the guest.
When department stores, landlords, and companies cut corners in safety, they put everyone at risk. At Corsiglia, McMahon & Allard, LLP, our premises liability personal injury attorneys know that the best way to protect California consumers is to hold irresponsible businesses, landlords, and property owners accountable for the injuries they cause. Through litigation, we can help injured property accident victims obtain the money they need, while also safeguarding the entire community. Our lawyers aren’t afraid to tackle complex premises liability accidents and we fight aggressively for maximum compensation.
Form the moment you choose Corsiglia, McMahon & Allard, LLP, you become our number one priority. We prepare every case as if it is going to trial and this has enabled us to achieve millions for our clients. Some of our successful property accident cases include a $5.7 million settlement for a college student who fell from a third-story apartment complex window and a $1.05 million award for a man who suffered a brain injury due to negligently maintained traffic sign.
When a negligent property owner fails to maintain a safe environment for their guests, customers, and patrons, this can result in serious injury and even death. Under California law, property owners owe their guests a duty of care and have a responsibility to keep their property safe and free from hazards. When they fail to do so, they can - and should - be held responsible. Unfortunately, proving liability and negligence isn’t always easy and is dependent on whether you were a trespasser, a licensee, or an invitee at the time of the injury.
- Trespasser - By law, property owners owe no duty of care to someone who has not been invited onto their property. Trespassers who are injured will not be able to collect compensation for their injuries unless those injuries were willful or deliberately caused.
- Licensee - A licensee is similar to a guest at a house party. Property owners and homeowners must provide a safe environment for their guests and fix any known hazards or warn their guests of those hazards. This is an intermediate standard of care and someone who is injured may be able to collect compensation for those injuries.
- Invitees - Property owners owe the highest duty of care to invitees because they have been invited to their property. Examples of invitees include grocery store patrons, department store guests, and restaurant customers. Not only must property owners must fix any known hazards, they must take steps to prevent hazards as well.
Any property accident that occurs on another person’s property due to negligence is a premises liability accident. However, there are more common types of premises liability accidents, including:
- Slip and Fall Accidents - More than 1 million people visit emergency rooms every single year because of slip and fall accidents. These accidents can be caused by wet flooring, spills on flooring, ice in parking lots, and even freshly waxed or polished flooring. Department stores and property owners have a responsibility to put out signs marking wet floors and they must take measures to prevent accidents from occurring. This includes placing rain mats at entry ways, removing ice from walkways in winter, and mopping up spills promptly.
- Sports and Recreational Accidents - When an accident occurs at a gym, athletic club, sports field, or recreational complex, you may be able to file a premises liability claim if the owner of the property was negligent. Defective machinery, defect on field or flooring, or negligent supervision can all result in a premises liability accident.
- Swimming Pool Accidents - Homeowners have a responsibility to keep their pools safe from young children and neighbors. In fact, accidental drowning is the number one cause of death for children between the ages of 1 and 4. Homeowners must take steps to make their pool safe. This can include installing fences with a locking gate, as well as draining and covering pools in the off-season.
- Negligent Security - Properties with parking garages, parking lots, and alleyways have a responsibility to ensure that their property is safe from criminal activity. This can include installing cameras, making sure there is adequate lighting and placing security guards on premises if there is a high likelihood of crime. Property owners who fail to do so can be found liable when injury occurs.
- Dog Bites - 4.5 million dog bites occur in the United States every year and negligent property owners can be held accountable for their dog’s actions. Dogs with a known propensity to bite must be on leash and muzzled when in public and dog owners should install fences and warning signs if their dog is dangerous.
- Amusement Park Accidents - More than 8,800 people are injured in amusement park accidents every single year. These accidents can be minor trips and falls or more serious roller coaster accidents. Amusement parks have the highest duty of care to their guests and must ensure that their rides, as well as the park grounds, are safe for people of all ages. Children are at the most risk for sustaining serious and fatal injuries in an amusement park accident.
- Construction Site Accidents - Construction companies have a responsibility to ensure the safety of their site and keep construction debris or material from harming others. Workers and passersby can both be injured because of negligent construction companies. Falling objects, forklift collisions, scaffolding falls, and machinery negligence can all result in serious and fatal accidents.
If you or someone you love has been injured on someone else’s property and you believe that their negligence caused your injuries, it is wise to retain the services of an experienced property accident attorney immediately. You need someone on your side who can investigate all aspects of a premises liability accident and build a case that is designed to obtain maximum compensation. At Corsiglia, McMahon & Allard, LLP, our San Jose premises liability litigation attorneys can protect your rights to maximum compensation and help safeguard your future.
To learn more about how we can assist you and your family, call us at 408-289-1417 to schedule a free consultation. One of our attorneys will meet with you personally. No matter where you are located - we are here to help. Locations served: San Jose | Santa Clara County | San Francisco Bay Area | Northern California.