Holding Property Owners Accountable After A Serious Injury
At Van Blois & Associates, our lawyers have been representing persons injured by unsafe premise conditions for more than 40 years. We have the knowledge, experience, expertise and ability to prove negligence and make a recovery for persons injured by the fault of property owners and managers.
Property owners are legally responsible to maintain their property in a safe condition. When someone is injured on public property, commercial property or private property because of a dangerous or defective condition or failure to keep the property in a safe condition, the property owner and manager may be held liable. In order to win a premises liability case, the injured person must prove that the property owner, manager or tenant had the duty to keep the property safe, had knowledge of or should have known of the unsafe condition and did not correct or eliminate the unsafe condition. Often accident reconstruction experts, architects and safety engineers are required to successfully prove premises liability.
What Situations Can Result In A Premises Liability Case?
Premises liability can cause serious injuries in a variety of ways. Some of the types of premises liability cases we have successfully pursued include:
- Slip and falls
- Defects in stairways and buildings
- Inadequate lighting
- Negligently maintained heaters and furnaces
- Objects on store floors
- Inadequate security
- Unsafe amusement park rides
- Drownings
- Wet and slick surfaces in stores and restaurants
- Tripping hazards
- Deadly mine shaft in abandoned mine
- Severe dog bite injuries
- Dog attacks
As with any personal injury claim, it is important to hire lawyers who understand what it takes to develop the evidence and make a powerful claim. At Van Blois & Associates, we have made it our mission to help people through these difficult times.
Hospitality And Retail Premises Injuries
Hospitality and retail properties welcome large numbers of visitors every day. Hazards can arise quickly when owners or managers fail to maintain safe conditions. These environments vary widely, yet many of the risks that lead to preventable injuries share similar patterns.
Retail stores often present dangers that develop without warning. Common scenarios include:
- Wet floors that cause slips-and-falls
- Poorly lit or uneven parking lots that lead to trip hazards
- Merchandise stacked too high that results in falling objects
- Cluttered aisles that create obstacles for customers
Hospitality businesses also carry unique risks due to the nature of their operations. Examples include:
- Spilled food or drinks in restaurants that create slippery surfaces
- Overcrowded bars where inadequate security may allow unsafe behavior
- Hotels with poorly maintained stairways, elevators or pool areas
- Entertainment venues where inadequate lighting or crowd control can lead to falls or collisions
These locations must take reasonable steps to protect guests, especially because visitors often rely on staff to maintain safe surroundings. When hazards are overlooked, the consequences can be severe, particularly in busy or dimly lit environments where dangers are harder to detect.
California-Specific Premises Liability Laws
State premises liability law follows the principle that property owners owe a duty of reasonable care to keep their premises safe, as outlined in California Civil Code Section 1714. This law holds individuals responsible for injuries caused by a lack of care in property management. Courts evaluate factors like the foreseeability of harm and the reasonableness of the owner’s actions.
California uses a comparative negligence system, meaning an injured person may seek damages even if they share responsibility for the accident. However, any compensation awarded is reduced by the individual’s percentage of fault. This rule can be important in cases involving victim distractions, footwear choices or failure to notice posted warnings.
Recent legal decisions in California continue to emphasize the importance of timely inspections, adequate staffing and clear safety protocols. Courts have reinforced that owners cannot avoid liability by claiming they were unaware of hazards that should have been discovered through reasonable care.
The statute of limitations for most premises liability claims in California is two years from the date of injury. Failing to file before this deadline can prevent the pursuit of compensation, making early action essential.
Schedule Your Free Initial Consultation With Van Blois & Associates
Call 510-343-9570 to get started. You can also complete our online contact form. We accept all injury and wrongful death cases on a no-recovery, no-fee basis.