Costa Mesa Premises Liability Lawyer
As you walk through the streets and buildings of Costa Mesa, you expect to be safe from harm. Unfortunately, accidents can happen anywhere, any time because of the negligence of property owners. When something like this happens, people often have no idea what to do next.
When you are involved in an accident on private property you can turn to a skilled Costa Mesa premises liability lawyer who can fight for your rights. A seasoned premises liability attorney understands the intricacies of California accident laws and helps you receive compensation for your injuries and other damages.
Nordean Law understands that premises liability cases are often complex and challenging. Our experienced premises liability lawyers in Costa Mesa have helped numerous premises accident victims, ensuring that they receive the compensation they deserve after being injured on someone else’s property. We are dedicated to providing our clients with personalized attention and are proud of our 99% client win rate.
What Is a Premises Liability Claim?
A premises liability claim arises when someone has an accident and sustaines injuries on a property due to the owner’s negligence. . Imagine that you are walking through a grocery store, and suddenly you slip on a wet floor and fall hard, sustaining injuries or broken bones. The grocery store owner is liable for the accident and the injuries you sustained on their premises. You are now entitled to compensation.
Common Types of Premises Liability Cases
Premises liability claims can arise from a wide range of situations, such as slip and falls, dog bites, inadequate security, and more.
- Slip-and-Fall Accidents: One of the most common types of premises liability cases is slip-and-fall accidents. They happen when someone slips because of the owner’s negligence, such as a customer falling on a store’s wet floor.
- Dog Bites: It’s the responsibility of dog owners to prevent their dogs from attacking others. If the dog bites someone, the owner of the dog is liable for the injuries that the victim sustained.
- Swimming Pool Accidents: Swimming pool accidents can be extremely dangerous and even fatal. The owners must take appropriate safety measures to prevent accidents. One way they can prevent accidents is by installing fencing or a pool cover.
- Negligent Security: Negligent security is another common type of premises liability case. When a property owner doesn’t take adequate security measures, such as lighting or security guards and an accident results, they may be held liable for the unfortunate incident.
Essentially, if a property owner failed to maintain a safe environment and you suffered an injury as a result, you may have a premises liability claim.
California Premises Liability Facts and Statistics
California has a high number of premises liability cases, and Costa Mesa is no exception. According to the Orange County Health Care Agency, more than 104 people were hospitalized due to slip and fall and related injuries in 2018. Moreover, in the same year, there were more than 1,100 emergency room visits due to fall accidents.
The following facts and statistics may give you more insights into California Premises Liability incidents.
- 1 in 10 lawsuits in the U.S. is related to premises liability, and victims are paid around $4 billion per year. However, only 6% of cases feature punitive damages, which can significantly inflate the case value.
- Construction and extraction occupations are at the highest risk, with over 1,066 fatalities. Grounds and maintenance workers follow with 229 fatalities.
- In 2019, there were 5,333 workplace fatalities in the United States, as per the Bureau of Labor Statistics (BLS), and among those about 880 were caused by fatal falls.
- After a fall accident, 50% of fall victims can no longer live independently.
These statistics indicate that premises liability is a serious issue, and individuals who are victims of such accidents should seek help from a specialized Costa Mesa premises liability lawyer.
California Premises Liability Laws
California premises liability laws hold property owners responsible for injuries that occur on their property due to unsafe or hazardous conditions. They have a legal duty to maintain their properties for visitors, guests, customers, and tenants. When they fail to do so, they may be held liable for the injuries and other losses. .
Under California premises liability law, there are three main categories of visitors: invitees, licensees, and trespassers.
- Invitee: Invitees are those who enter a property for business purposes, such as customers at a store or tenants in an apartment complex. They typically have explicit permission to be on the property.
- Licensees: Licensees are people who enter the property for non-business reasons, such as social guests. They have implied permission to be on the property.
- Trespassers: These are those who enter a property without the permission or consent of the owner.
Property owners owe the highest duty of care to invitees, followed by licensees, and the lowest duty of care to trespassers.
When it comes to establishing a premises liability claim in California, the injured party must prove that:
- The property owner was legally responsible to maintain a safe environment.
- The property owner breached their duty to maintain the property by allowing an unsafe condition to exist.
- The breach of duty caused the plaintiff’s injuries.
- The victim suffered injuries and damages as a result of the accident that was caused due to the property owner’s negligence.
The damages may include medical expenses, lost wages, and pain and suffering.
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What to do after a Premises Liability Accident?
It is of course a traumatic and stressful experience to be involved in a premises liability accident. But there are a few essential steps that you should take immediately after the incident to ensure your safety and protect your legal rights. Below are listed the things you should do after a premises liability accident.
- Seek medical attention: Your safety should always be the top priority. Even if you feel okay after a premises liability accident, you must consider seeking medical attention to ensure you haven’t sustained any hidden injuries as they may worsen over time.
- Report the incident: Notify the property owner, manager, or landlord immediately. . You should provide them with a detailed description of the incident and your injuries and damages.
- Gather evidence: Take photos and videos of the accident scene, including any hazardous conditions that caused your injuries. Additionally, collect contact information from any witnesses. .
- Do not speak with insurance companies: Insurance companies may try to contact you to offer a settlement or to obtain a statement. It’s crucial not to speak with insurance companies before consulting with a personal injury lawyer in Costa Mesa, California.
Do I Need a Lawyer for a Premises Liability Claim in Costa Mesa?
If you have been injured due to someone else’s negligence in Costa Mesa, it is in your best interest to consult with a lawyer for your premises liability claim. A Costa Mesa premises liability lawyer navigates the legal system and provides you with guidance and legal advice for your case. They gather evidence, interview witnesses, and negotiate with insurance companies on your behalf. They determine if the settlement offer is fair and adequate based on your injuries and losses.
How Can a Nordean Law Premises Liability Attorney Help in Costa Mesa?
After a premises liability accident in Costa Mesa, you must consider consulting with Nordean Law as we can help you understand your rights and options. We analyze your accident case and then provide you with a Costa Mesa premises liability lawyer that best fits you. Our premises liability lawyers in California support their clients throughout their claims process and secure the compensation they deserve.
Compensation for Your Premises Liability Case Claim in Costa Mesa
Victims of a premises liability accident in Costa Mesa are entitled to compensation for their injuries and other damages, and the compensation depends on the extent of the injuries and the specific circumstances of an accident case. There are typically three types of damages that you can recover in a premises liability case.
1. Economic Damages
Economic damages are the tangible, quantifiable losses you have suffered as a result of your premises liability accident. These damages may include:
- Hospitalization costs, medical expenses, surgery, medication, and rehabilitation.
- Lost wages and income, including past and future income you have lost as a result of your injuries.
- Property damages such as damage to your vehicle or other personal properties like your watch, purse, and smartphone.
2. Non-Economic Damages
Non-economic damages are the intangible losses you have suffered as a result of your premises liability accident. These damages may include:
- Pain and suffering.
- Emotional distress.
- Loss of enjoyment of life.
- Loss of companionship or consortium.
3. Punitive Damages
You are entitled to compensation for punitive damages when the liable party was particularly egregious or reckless. The defendant will be punished for their conduct.
Contact Our Top-Rated Costa Mesa Premises Liability Lawyer
At Nordean Law, we understand the physical, emotional, and financial toll that a premises liability accident can take on an individual and their family. Our team of top-rated Costa Mesa premises liability lawyers has the knowledge and experience necessary to help you get a fair settlement.
Final Thought / Conclusions
Premises liability accidents in Costa Mesa can result in serious injuries, expensive medical bills, and even long-term disability. You must understand your legal rights and options to get fair compensation for the injuries and damages you sustained due to someone else’s negligence. We help premises accident victims determine their damages and work closely to ensure they receive the maximum amount of compensation possible. Contact us today for a free consultation and get the best Costa Mesa premises liability lawyer for you.
FAQs About Premises Liability Lawyer Costa Mesa, CA
What Is the Statute of Limitations for Premises Liability in California?
The statute of limitations for premises liability in Costa Mesa, California is generally two years from the date of the accident. You can seek recovery for your damages via Costa Mesa premises liability lawyer within these two years.
How Long Do I Have to File a Premises Liability Claim in California?
You will have two years to file a premises liability claim in California. It is advisable to file a claim as soon as possible to preserve your right to compensation.
What Are the Elements of Premises Liability in California?
To establish a premises liability claim in California, you must show that:
- The defendant owned, leased or controlled the property where you had an accident.
- The defendant was negligent in the use or maintenance of the property.
- The plaintiff was harmed as a result of the defendant’s negligence.
Do I Need To Prove Negligence in a Premises Liability Case?
Yes, you must prove that the property owner or occupier was negligent in order to recover damages in a premises liability case. This means showing that they failed to take reasonable care to maintain the property and/or warn of known hazards.
What Should I Do if I Am Injured on Someone Else’s Property?
If you are injured on someone else’s property, you should first seek medical attention, even if you feel fine. You should then report the incident to the property owner, and gather evidence, such as taking photos of the scene. You should also consider getting contact information from any witnesses.
Should I Speak to the Property Owner or Their Insurance Company After an Injury on Their Property?
It is generally not recommended to speak to the property owner or their insurance company without first consulting with a premises liability attorney. They may try to downplay the severity of your injuries and offer you compensation way less than you deserve.
What Should I Avoid Doing After an Injury on Someone Else’s Property?
After an injury on someone else’s property, you should avoid admitting fault or discussing the incident with anyone other than a premises liability attorney.
What Should I Expect During the Legal Process of a Premises Liability Case?
During the legal process of a premises liability case, your attorney will conduct an investigation, gather evidence, and negotiate with the defendant’s insurance company to try to reach a settlement.
Will I Have To Go to Court for My Premises Liability Case?
Not necessarily. Many premises liability cases are settled out of court through negotiations between the parties involved. However, when a settlement cannot be reached, one’s case may go to trial and they may need to appear in court to testify.
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