Temecula Premises Liability Attorney
All San Diego Case Types
Slip & Fall
Temecula Premises Liability Attorneys
Whether it’s community spaces like Margarita Community Park, stores and shopping centers like Promenade Temecula and the Temecula Town Center, or Temecula Valley Unified School District’s facilities and the California State University San Marcos Temecula campus, visitors expect a reasonable level of safety and care when visiting such premises. They also expect that they can safely visit the private homes belonging to other individuals.
Premises Liability Accidents and the Challenges They Represent
Most property owners take the steps necessary to care for their investments and their businesses. Property owners, especially business owners, generally want visitors at their properties to have a safe and comfortable experience, with no unnecessary accidents. Unfortunately, not every premises owner takes the necessary steps to protect visitors to that property, whether commercial or residential.
Swimming Pool Accidents
Pool owners must exercise a high standard of care to prevent injuries. Not only do pools require proper maintenance to reduce the risk of slips and falls, but also pool owners must ensure that they secure their pools properly to prevent children from wandering in without permission. A slip and fall in the pool area can result in traumatic brain injury or spinal cord injury, while an accident in the pool itself, including a small child gaining access to the pool unsupervised, can lead to a drowning accident. Properly securing the pool, however, can reduce the risk of these accidents.
Slip and Fall Accidents
Generally, no matter where you are, but particularly at businesses, you expect to safely walk across the floor without exposing yourself to potential hazards. Unfortunately, some businesses do not exercise the care needed to prevent slip and fall accidents.
These businesses may:
- Leave hazards in the walkways. From cords to debris, hazards left in walkways can make it incredibly difficult for visitors to the property to navigate safely. Unfortunately, these hazards can cause the victim to fall, often resulting in serious injuries.
- Fail to clean spills promptly. Spills, especially oil spills, can leave the floor very slick, making it difficult for people to walk across it safely. For elderly or handicapped visitors, in particular, those spills can pose a substantial hazard that makes it incredibly unsafe. The premises owner or the individual operating on the property may bear liability when an accident occurs under these circumstances.
- Fail to maintain flooring. Over time, flooring can wear out, leaving rough or uneven spots that can make it more difficult to navigate safely. The concrete outside a business can also develop cracks and uneven areas over time, increasing the risk of a slip and fall.
- Fail to properly maintain stairways or install handrails where needed. Stairways pose a particular hazard to individuals who might already struggle to remain steady on their feet. Even an otherwise healthy individual can quickly trip and fall down a flight of steps, resulting in serious injury.
Slip and fall accidents can cause a variety of serious injuries, including traumatic brain injury, spinal cord injury, broken bones, including hips, sprains, and strains.
Fire Safety or Building Code Negligence
Businesses and landlords must take fire safety seriously in their buildings. This includes installing adequate smoke detectors, making fire extinguishers available where they’re needed most, and ensuring that visitors can safely exit buildings in the event of a fire. Property owners must also take care to update the wiring and ensure electrical safety throughout their buildings. Victims of accidents resulting from fire safety negligence may end up with serious burns, including electrical burns.
Building owners must also take care to keep up with the latest building codes and stay aware of what hazards have the potential to impact visitors. For landlords, this may include properly securing stoves and appliances to ensure that they do not top over, as well as maintaining the appropriate temperature in the hot water heater so that it does not inadvertently cause burns. Business owners may need to consider the importance of maintenance to their buildings to prevent ceiling collapse and other hazards.
Negligent Security Provisions
In many locations, including casinos, hotels, and stores, business owners have a high duty of care when it comes to protecting their customers and keeping them safe. One important element of that safety includes protecting against potential assaults. Some businesses choose to provide security guards to help keep their guests safe. Others may use other security measures, including increased lighting, open spaces, and restricting access to specific areas.
A guest who faces an assault due to negligent security may suffer serious injuries, many of which can have lifelong ramifications. Sexual assault and assault with a deadly weapon can all leave severe psychological damage as well as physical damage. Victims of assault may suffer from post-traumatic stress disorder (PTSD) in addition to their physical symptoms.
Both inside and outside a building, premises owners must take care to provide adequate lighting. Inadequate lighting can increase the risk of slip and fall accidents or make it more difficult for victims to avoid potential hazards. Worse, inadequate lighting can set the stage for assault, making it easier for an attacker to find a victim.
Failure to Warn Guests About Hazards
Both businesses and the owners of private property must take care to warn visitors about potential hazards and businesses, in particular, must take the necessary steps to help visitors to avoid any hazards. This may, for example, require the blocking off of certain areas or providing signs that detail particular hazards. Businesses should also take care to cover known hazards to help decrease the risk of accidents and help visitors stay safer on the premises.
Temecula Premises Liability FAQ: How to Protect Your Best Interests
When someone invites you to visit their Temecula property (whether residential or commercial), you reasonably expect that the property is safe for guests. Accepting an invitation to a store, a restaurant, or even a neighborhood cookout should not result in extensive medical bills and lost wages due to an injury sustained on the premises.
Unfortunately, the pain and suffering you experience may leave you little time to deal with the details of your case. If you suffered life-changing injuries due to an accident on another person’s property, contact Gomez Trial Attorneys for a free consultation to discuss the specifics of your injuries. Our Temecula premises liability lawyers can help you understand your options for possible justice and compensation.
In addition, the following frequently asked questions can also help you learn more about premises liability cases in Temecula.
I am embarrassed about my fall. Can I just apologize and leave?
No. A sudden fall is a shock to your system, and it is natural to feel embarrassed when the fall happens in front of other people. Unfortunately, this shock may also prevent you from identifying that you have actually suffered a serious injury.
Obviously, nobody expects to fall; examples of how a fall can occur in a second due to property owner negligence include:
- Stairs with no handrail
- Torn or frayed carpet
- Wet floors
- Cords across the floor
- A poorly lit parking lot
These are just a few examples of how your visit to a home or business can turn tragic due to property owner negligence. If you suffered a serious injury as the result of a fall, do not apologize or admit fault. In fact, the less you say the better. Contact our Temecula premises liability lawyers as soon as possible to protect your best interests.
What are the types of compensation possible in a Temecula premises liability case?
Each Temecula premises liability case is different.
In most cases involving premises liability, a lawyer typically seeks compensation for the following damages:
- Medical costs for your medical transport to the hospital, along with associated fees for your medical care
- Ongoing medical costs for your continuous medical needs such as therapy and medications
- Lost wages for your missed time from work
- Diminished earning capacity if you cannot return to the same job as before your accident
- Pain and suffering caused by your injury
A Temecula premises liability lawyer can guide you through the process of a civil claim. The right Temecula premises liability lawyer will not stop until they secure the best possible outcome for your case.
An insurance company offered me a settlement after my Temecula premises liability accident. What should I do?
There is a good chance an insurance company will contact you soon after your accident. No matter how eager they seem to help you, do not accept a settlement without legal representation.
What the insurance company representatives will not tell you is that by accepting the settlement, you likely settle your claim permanently. This means you are not allowed to pursue further compensation via a civil lawsuit if your medical condition worsens or your expenses prove higher than estimated.
A Temecula premises liability attorney can recognize the tactics used by an insurance company to deny or underpay accident victims. If you suffered a serious injury due to property negligence, do not speak with insurance company representatives, and contact an attorney instead.
Who is liable if I slip and fall in a Temecula store or restaurant?
A Temecula premises liability attorney can identify and determine all parties liable for your harm.
To prove negligence, an attorney typically needs to establish that:
- The property owner knew about the danger, yet neglected to fix it.
- The danger existed so long that the property owner should have known about it.
These are just two examples of how a Temecula premises liability case can become quite complex, and challenging both to investigate and prosecute. What the property owner knew and when they knew it may require more investigating than you have the time or ability for.
A serious slip and fall can cause a traumatic injury that requires your full focus and complete rest. The stress of your case is the last thing you need during this most challenging time. If you experienced your injuries due to a negligent store or restaurant owner, consider handing your case over to a Temecula premises liability lawyer.
What types of injuries can result from a Temecula premises liability accident?
A Temecula premises liability accident can result in serious injuries. Rising medical costs make treating just about all injuries expensive, and some may require medical attention for the rest of your life or that of a loved one.
A traumatic brain injury (TBI) is one of the most dangerous complications for victims of slip and fall accidents. The Centers for Disease Control (CDC) defines a traumatic brain injury as a bump, blow, or jolt to the brain that disrupts normal brain function. Depending upon the severity of the injury, you or a loved one may need care throughout your lifetime.
A TBI from striking your head against an unmoving object like that of a floor can affect memory, balance, and more. Your once-happy loved one might now exhibit signs of anger or depression.
Caring for a loved one with a TBI can require more care than you can provide. Placing your loved one in a skilled living facility can average $8,000 per month, making the cost astronomical for most families.
Other types of injuries can include broken bones or spinal cord injury. The injuries you or your loved one suffered require quality care. If you are unsure of the best way to proceed in securing the proper care, contacting a Temecula premises liability lawyer is a smart idea.
Should I sue my neighbor for a Temecula dog bite?
Temecula enjoys a dog-friendly reputation, and canine companions are a common sight among our streets and residences. Unfortunately, negligence on the part of a dog owner can also put passersby at risk, particularly children.
A dog bite is a very serious injury, even if it doesn’t appear so at first. One of the most dangerous outcomes of a dog bite is rabies. While rare, rabies in humans is almost always fatal.
Children are often drawn to dogs and eager to pet them. Their innocent nature makes them unaware of how a dog may react when feeling sick or protective of their owner. The small size of a child places them at risk for serious face, head, and neck injuries from a dog’s bite.
In addition to the risk of rabies, a dog bite can become infected or result in scarring. Children are at risk for depression and anxiety due to a traumatic dog attack. The costs associated with your child’s dog bite should not come from your own pocket. Give careful thought to contacting a Temecula premises liability lawyer for a free case evaluation following a dog bite.
My child nearly drowned due to an unsecured pool in Temecula. Do I have legal options?
A tragic pool accident involving a child is devastating. A near-drowning can result in a lack of oxygen to the brain, resulting in an anoxic brain injury. This type of serious injury can result in serious and possibly permanent brain damage.
California law requires a minimum of two safety precautions for private pools and spas, and Temecula pool owners are not exempt from these regulations. If your child suffered a near-drowning in a neighborhood pool that failed to have the required safety measures in place, a Temecula premises liability attorney can help you.
If, sadly, you lost a child to accidental drowning, you may be entitled to pursue a wrongful death claim. No amount of money can replace your loved one; however, it can ease your financial burden during your time of grief.
A Temecula premises liability attorney will treat you with compassion while aggressively fighting for the compensation you deserve. No one should lose a child because a pool owner failed to adhere to state law regarding safety measures. If this happened to you, give careful thought to contacting a Temecula premises liability lawyer courtesy of Gomez Trial Attorneys today.
What are my first steps to obtaining compensation for injuries after a Temecula premises liability injury?
When you secure the services of a Temecula premises liability lawyer, they may first negotiate with the insurance company for compensation on your behalf. Skillful negotiation is essential to settling your case out of court.
A Temecula premises liability lawyer understands the various ways an insurance company will try to avoid paying you what you need and deserve. While most Temecula premises liability claims settle out of court, it is sometimes necessary to proceed to trial.
Ensuring you have the right to go to trial requires filing your case within the statute of limitations. In California, this means you have two years to pursue civil action. This is not much time as you deal with your injuries or those of your loved one.
The clock starts the moment you or your loved one becomes injured. This is why you must contact a lawyer without delay if you want to pursue compensation and justice for your injuries.
How can I help my Temecula premises liability case?
You can help your case in the following ways:
- Save important information connected to your accident, such as pictures and the contact information for witnesses
- Do not speak with insurance companies, and use caution posting about your accident on social media.
An insurance company may try to blame you for your injury. By limiting what you say and providing your attorney with any evidence in your possession, you can protect your interests.
How much does a Temecula premises liability lawyer cost?
Our Temecula premises liability lawyers only collect their fees if they win your case, whether through settlement or court judgment. This means no up-front deposit is necessary on your part to secure counsel. Do not avoid contacting us simply because you fear legal representation is too expensive. What is most expensive is not having someone on your side as you fight for justice.
A free case evaluation can help you learn more about your legal options. Learning if you have a case is the first step toward a more stable financial future for you and your family.
Will the property owner have a lawyer?
The insurance company representing the property owner will have lawyers available to help them with your claim. Securing the services of a Temecula premises liability lawyer unafraid to take on big corporations or insurance companies is vital. Temecula premises liability claims are serious matters that deserve quality representation.
One of the most important things to remember during this stressful time is that you are not alone. There is no need to carry the burden of your case without legal assistance. A serious head injury or another type of injury can delay—or prevent—your return to work. It can also affect your quality of life, affecting your ability to enjoy hobbies and your relationships.
The pursuit of possible compensation for your damages is your one opportunity to hold the responsible party accountable for their negligence. Ensuring that you follow state laws and the correct steps for civil action is best left to a licensed Temecula premises liability attorney. A strategic approach to your case is important for securing the best outcome possible.
You Deserve Justice for Your Temecula Premises Liability Injury
A premises liability case can involve several defendants, or just one. A Temecula premises liability lawyer can determine who is liable for your harm, and prepare your case for negotiation and possible trial.
The shock of a slip and fall, a dog bite, or a swimming pool accident can leave you feeling overwhelmed about your future. The severity of your injuries or those of your loved one—or a tragic loss—demands your full attention. From investigating the accident to negotiating with insurance companies, a Temecula premises liability lawyer understands how the civil process works for accident victims.
Give yourself a moment to contact a Temecula premises liability lawyer at Gomez Trial Attorneys online, or call at (619) 237-3490. Our compassionate attorneys are committed to keeping the Temecula community safe, and you can help us do so by speaking with us as soon as possible following an injury sustained on another’s property.
Who Bears Liability in a Temecula Premises Accident?
If you suffer injuries on a Temecula property, who bears liability? Most often, the owner of the premises or the company that operates on that premises bears liability for maintaining the property. This may include private property owners.
Both businesses and private property owners usually carry insurance to help protect against accidents on that property. These insurance companies will usually make the payment that covers your premises liability claim. However, in dealing with those insurance companies, make sure you exercise care. Some may attempt to prove that you share liability for your accident and injuries, even though you stayed in approved areas and behaved safely. Others may contact you soon after your accident and issue a settlement offer that looks good on paper, but in reality, fails to fully compensate you for the injuries suffered in your accident.
Always consult with our experienced Temecula personal injury attorneys before accepting a settlement offer by the insurance company, since accepting an unfair offer may leave you without the funds you need following your injuries and without the option to pursue additional compensation.
Settling Your Temecula Premises Liability Claim: How Much Should You Expect?
Following a premises liability accident, many victims find themselves facing substantial medical bills and an ongoing inability to work due to their injuries. Luckily, a premises liability claim can help you recover some of the funds you lost as a result of your accident. Talk to an attorney to learn more about how much you should expect from your claim, based primarily on your expenses related to the accident and the severity of your injuries.
Some factors to consider:
Who caused your accident? To assess who caused the accident, your attorney will consider who owed you a duty of care at the time of the accident, what act of negligence violated that duty of care, and how the violation contributed to your injuries. Sometimes, your attorney may identify multiple parties that contributed to your injury. For example, the owner of the property and the business that operates on it may share liability for failure to adequately maintain the property.
The insurance company that covers the party that caused your accident will usually bear responsibility for paying out your premises liability claim. In many cases, big businesses carry higher-coverage policies that will offer more protection than a smaller company or a private property owner. The limitations of the policy may significantly impact the compensation that you may receive for your injuries.
How severely were you injured? Severe injuries, including traumatic brain injury, spinal cord injuries, and burns, may bring with them more substantial medical bills than smaller injuries. In addition to the severity of your injuries, however, your attorney will also help evaluate what medical expenses you have faced, including medical bills for complications related to your injuries.
Many burn victims, for example, may have extremely high medical bills due to extended time in a burn care unit or additional treatments due to complications in the recovery process. Likewise, victims with spinal cord injuries or traumatic brain injuries may require a long stay in an inpatient rehabilitation facility to help aid in their recoveries and help them regain as much independence as possible.
Your medical bills will often form the backbone of your premises liability claim. While medical bills may not have a direct correlation to the full extent of your injuries or the pain and suffering that you’ve faced, medical bills can indicate how much financial loss you have faced as a result of your injuries, which can help provide the basis establishing the overall value of your premises liability claim.
How much time did your injuries cause you to miss at work? Can you return to work following your injuries? Some injuries can permanently prevent injured individuals from returning to work in their former capacity. Imagine, for example, that you suffered a spinal cord injury in a ceiling collapse or faulty elevator accident; your injuries could prevent you from ever returning to a job in construction or a factory. Likewise, if you suffered a traumatic brain injury, the struggle to regulate your emotions following your injury could make it difficult to handle a customer service position.
Other premises liability victims involved in accidents in Temecula may find themselves eventually returning to work, but may need a long recovery period before they can fully return to their full job responsibilities. A victim with a broken hip, for example, may eventually recover the ability to go back to a customer care position, but he or she may need weeks or even months of recovery before regaining the ability to remain at work all day. Likewise, a victim with traumatic brain injury may initially have trouble focusing on normal job tasks, but may eventually recover the ability to take on those usual tasks.
While some employers will work with accident victims to get them back to work as soon as possible, others may not have the capacity to get an employee back in that position without significant loss to the company. As a result, some victims will miss more time at work than others, even in the case of victims with very similar injuries.
How much pain and suffering did you experience as a result of your accident?
In addition to the tangible financial losses that you experience as a result of your accident, a premises liability lawyer will help you consider how much your pain and suffering can influence the compensation you receive for your injuries. Your attorney may encourage you to talk about the sense of isolation you suffered following a serious accident when you could not interact with friends and family members as easily as before, or to disclose the activities you had to miss as a result of your injuries.
CONTACT A TEMECULA PREMISES LIABILITY LAWYER TODAY
If you suffered serious injuries due to the negligence of another party, you may qualify to seek compensation for your injuries. Contact Gomez Trial Attorneys today at (619) 237-3490 for a free consultation and to gain more insight into your eligibility to seek compensation following a premises liability accident.
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“This is the best law firm in San Diego for a reason. I was lucky to have my case picked up by the Gomez Trial Attorneys after I was struck by a car while crossing the street. This was an unexplainably painful time in my life, and, as a 22 year old college student, I did not know what to do. I met Max Halpern, who is the lawyer that represented my case, a week later. Even though I did not know at the time, I could not have been in better hands.
I kept on with my studies, daily life, and physical and mental recovery as Max silently worked hard at my case. All though out my experience, Max kept in constant contact, updating and informing me of everything I needed to know. then one day it was over and Max had won big.
I do not know if it is appropriate to share details of a settlement but I will say that this team took the ugliest, hardest, most painful experience of my life and turned it into something boundlessly positive.
I believe my life is better now for having been represented by Gomez Trial Attorneys and I will walk away from this chapter of my life forever grateful. These people are the living definition of excellence.”
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