Premises liability law is based upon both statute and case law. Many issues arise in premises liability cases that require careful analysis because the laws are complex and establishing liability can be difficult. For these reasons, it is always a good idea to contact a premises liability law attorney for a free consultation.
Fiumara & Milligan Law, PC handle the following types of Premises Liability Claims:
Dangerous Stairwells and Unsafe Railings
Lead Paint Poisoning
Playground, School, Playing Field accidents
Slip & Fall
LEGAL THEORY OF PREMISES LIABILITY
A person entering a property possesses a reasonable expectation that he will be safe, provided that his or her actions do not contribute to a dangerous situation. Premises liability law is founded upon the principle that those who have control over the property, i.e. owners and residents, are liable should an injury accident occur on it. The most common type of injury in premises liability cases is a slip and fall, but there are many types of premises liability claims.
LEGAL STATUS OF A VISITOR
One issue that weighs upon the question of liability is the status of the visitor. Under premises liability law, there are three types of visitors that are recognized: invitee, licensee, and trespasser.
The invitee is a person who is lawfully allowed access, such as a customer in a store. The invitee possesses a reasonable expectation that the premises have been maintained in a safe manner.
The licensee is someone who enters a property at the consent of the owner, such as a social guest.
The trespasser is an individual who enters premises without permission. The trespasser does not enjoy an expectation of safety. There are a few, limited exceptions where a trespasser may be able to recover for his or her injuries.
CONDITION OF THE PROPERTY
Condition of property pertains to maintaining premises to a standard that requires reasonable care to ensure the safety of invitees, licensees, and in rare instances–trespassers. The owner has a duty of care to inspect the premises on a regular basis, and either repair dangerous conditions or post warnings of any known dangerous conditions–in other words, a duty to inspect and make safe. However, there are various exceptions so before you throw up your hands and give up, make an appointment with any member of our experienced and very knowledgeable attorneys at either our Marin County or Santa Rosa offices.
CHILDREN AND PREMISES LIABILITY
The Centers for Disease Control and Prevention report that each year more than 200,000 children under age 15 are treated for playground injuries. Where children are expected to be lawfully on premises, such as a playground, additional safety precautions can be required that go above and beyond the duty of care owed to adults.
FALL ACCIDENTS AND PREMISES LIABILITY
Many accidents giving rise to a premises liability claim involve slip and falls. The National Safety Council reports that 8.9 million people are treated in emergency rooms each year for fall-related accidents. Older Americans are at particular risk for fall injuries. Each year, a third of adults age 65 and over will fall and require medical care.
SHOULD I HIRE A PREMISES LIABILITY ATTORNEY TO HANDLE MY CLAIM?
Yes. If you have fallen or suffered another injury while legally on another’s premises, you may be entitled to compensation for your injuries, wage loss and pain and suffering. It is important that you contact an EXPERIENCED AND KNOWLEDGEABLE premises liability law attorney as soon as possible, to determine if you have a claim for your injuries. Please keep in mind that you only have a two year statute of limitations window of time to bring a legal action or you will be forever barred from filing your legitimate claim.
However, if you were injured on State or Public property owned, operated or controlled by a public entity then the statute of limitations is much shorter, so you should make an appointment to come into the office for your FREE and Confidential consultation to discuss all of your options.
We handle all Sonoma County Premises Liability matters throughout the North Bay.
Since 1992, Fiumara & Milligan Law, PC has been serving the entire North Bay including, but not limited to San Rafael, Novato, Sausalito, Mill Valley, Tiburon, Sausalito, Corte Madera, Santa Rosa, Petaluma, Windsor, Duncan Mills, Graton, Guerneville, Occidental, Bodega Bay, Bolinas, and Windsor.
Call Fiumara & Milligan Law, PC at 707-571-8600 OR 415-492-4507 for a free case evaluation, because “the right attorney makes all the difference.”
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