Carlsbad Premises Liability Lawyer

Carlsbad Premises Liability Lawyer

Oftentimes, property owners' negligence and carelessness lead to innocent people's injury. We all expect that we'll be safe when we're on someone else's property-- but it's not always the case. That' where premises liability law comes into place.

What is premises liability?

The term "premises liability" refers to property owners' responsibility to maintain reasonably safe premises for visitors. Different properties have different requirements when it comes to premises liability; but, generally speaking, people who own property are legally expected to keep hazardous and dangerous conditions to a minimum.

Not every visitor to a property is owed the same level of care. That means that property owners need to adhere to different levels of premises liability depending on the visitor in question.

  • Invitees are guests invited on-property. Friends and neighbors are included. Premises are to be kept reasonably safe for invitees
  • Licensees are people who enter a property with permission, but for their own reasons (like salespeople). Property owners are legally required to warn licensees of hidden dangers
  • Trespassers are people who enter property without permission; usually, property owners don't owe them a duty of care (there are some exceptions)

Premises Liability Cases I Litigate

Premises liability attorneys generally represent clients in cases that involve a range of injuries in public places like malls, restaurants, hotels and resorts, casinos, and so on. If you've been injured in an accident like these in a public area, you should reach out to a premises liability lawyer for more information about your legal right.

Slip and falls

Slip and falls are some of the most common injuries, but they can also be notoriously difficult cases to litigate. Many defense counsels attempt to undervalue these claims because of their apparent simplicity. If you've been hurt in a slip and fall, you need to partner with a qualified attorney who knows how to fight for your rights in court.

These accidents can occur in all sorts of places. They are especially common in supermarkets, restaurants, parking structures, and commercial buildings. Many slip and falls are caused by unreasonably dangerous conditions created by property owners and businesses; and, as long as you work with a lawyer who can prove these dangerous conditions in court, you may be eligible to receive compensation for damages. 

  • Slippery walkways cause lots of slip and falls. Floor and ground surfaces are easily made wet by liquids
  • Defective public sidewalks can also cause people to trip and fall; elevated lips, potholes, etc. all pose danger
  • Spilled liquids in stores also create slippery ground areas

Dog bites

Dog bites are very serious injuries. They often cause both physical and emotional trauma. California law used to adhere to a rule colloquially known as the "one free bite rule." The rule essentially stated that a dog owner would only be held liable for dog bite attacks if their dog had already shown violence before (usually through a prior bite).

This is no longer the case. Now, in Carlsbad and throughout California, dog owners are held very strictly liable for dog bites. There is no proof of viciousness required in a dog bite case. These rules are codified in California Civil Code §3342(a).

If you have been the victim of a dog bite, you can work with a lawyer to prove the necessary items:

  • The dog bit you
  • The defendant owned the dog
  • You were in public (or otherwise lawfully on the premises) where the dog bite occurred
  • The bite caused your injuries

Falling objects

Falling objects have the potential to cause serious damage to people and property. They are especially common in malls, near construction sites, and in big box and warehouse stores like Costco. An object doesn't even need to be sharp or heavy to hurt somebody when it falls, but many objects at risk of falling are especially heavy and dangerous. 

Falling objects and debris can cause a wide range of injuries. Some examples of common injuries after accidents with falling objects include:

  • Traumatic brain injuries (TBI)
  • Broken teeth
  • Skull fractures
  • Traumatic eye injuries
  • Facial lacerations
  • Head wounds
  • Disfigurement and disability
  • Broken nose
  • Spinal cord injuries

Retail store accidents

Unfortunately, many people suffer injuries in retail stores and store parking lots every year. Here in California, our laws are designed to protect patrons of retail stores and hold store owners and staff accountable for injuries that occur on-property. 

California retail stories need to ensure that they maintain safe premises for visitors and patrons. This includes maintaining:

  • Sales floors
  • Sidewalks
  • Parking lots
  • Restrooms
  • Other common areas

If retail stores fail to minimize potential hazards to people on-property, they will likely be held liable in court. It's important to work with a qualified lawyer who can help you prove that the hazard you faced was not avoidable. 

There are lots of other types of premises liability cases, too. If you have questions about whether an accident qualifies as a premises liability incident, reach out to an attorney. He or she can help you determine which legal avenue is best for your circumstances. 

A Premises Liability Attorney Can Help You

The good news is that if you've been injured on someone else's property, a qualified premises liability lawyer may be able to help you in court. Working with attorney benefits you in numerous ways; your lawyer will...

  • Identify liable parties in your case
  • Determine potential sources of compensation
  • Interview witnesses
  • Gather evidence
  • Assess your claim's value
  • Hire outside experts if needed
  • Represent your legal rights and best interests
  • File a lawsuit and go to trial if necessary

Carlsbad Premises Liability Lawyer | Contact Us Today For More Information

If you or someone you love has been hurt on another person's or business' property, contact Craig F. Castle Law for a Free Initial Consultation to discuss your case. 

We want to help you

Free Case Evaluation

*field required
  • This field is for validation purposes and should be left unchanged.