Ventura Premises Liability Attorneys
Are You a Victim of a Negligently Upkept Ventura Property?
The relaxing beaches and vintage shops of Ventura are enough to lure in any visitor and has convinced thousands to move to the city over the past few years. Those sand-swept sidewalks and charming stores may not be as safe as they seem, however, as accidents and premises liability cases happen everywhere, even Ventura.
No one wants to suffer any injury while relaxing by the pool or visiting their favorite grocery store. Unfortunately, many injuries often happen due to an act of negligence. That act could be as seemingly small as failing to put out a wet floor sign or may be as significant as not replacing broken locks in a dangerous neighborhood. Whatever the negligent action is, the party responsible should be held liable for the damage they caused. That is where the Ventura premises liability attorneys at NordstrandBlack PC come in. We apply all of our legal expertise towards helping those that of premises liability. If you were injured due to a property owner’s negligence, call our firm at (866) 298-2041 and find out how we can help you.
What Is a Premises Liability Case?
Premises liability is a legal practice area that can encompass many different types of cases. A situation may be considered a premises liability case if the property was not made reasonably safe by the owner or manager, which then caused serious harm or injury. Allowing a property to become unsafe is considered negligent, and a property owner may be liable for any injuries caused by known safety hazards. Some common examples of premises liability cases include:
- Swimming pools accident
- Amusement park ride accidents
- Negligent security
- Construction site accidents
- Dog attacks
- Sidewalk falls
- Elevator and escalator accidents
- Electrical injuries
Premises liability cases can be devastating. They often result in catastrophic injuries that can take weeks, months, or even years to recover from. Injuries can vary from severe electrical burns to broken bones to even brain damage. It is incredibly important to hold the appropriate parties liable for your injuries, as paying for medical bills and time off from work can place you in an unfair and even dangerous financial situation.
When Are Property Owners Liable?
When it comes to filing a claim, the first step is finding the liable party. In premises liability cases, the party most often at fault is the owner of the property where you were injured. Property owners have a duty to keep guests and patrons reasonably safe. This means they should be performing the appropriate upkeep, taking proper security measures, and placing warning signs where appropriate. For example, a property with a swimming pool should be surrounded by a fence, have a working filtration system, a well-trained lifeguard, and signs telling visitors how deep the pool is in certain sections. Each of these steps helps ensure that the chance of a visitor or guest becoming injured is as low as possible.
Filing a claim is not as easy as finding the liability party and demanding compensation. There are steps that need to be taken, such as calculating the amount you are owed for compensation. Common damages in premises liability cases include:
- Medical bills
- Lost wages
- Lost job opportunities
- Emotional trauma
- Pain and suffering
- Lowered quality of life
Another key aspect of a successful premises liability case is proving that the at-fault party should be held liable. For a premises liability case, there are a few key factors that must be in play for a property owner to truly be considered at-fault for your injuries.
Filing a Successful Ventura Premises Liability Claim
A property owner has a duty of care towards their guests and, when they fail in providing that care, they can be found liable for injuries. But you must first prove that duty of care and show how the property owner acted negligently.
You were on the property lawfully:This means that if you were trespassing on the property and become injured, then the property owner does not have a duty of care to you. This includes private dwellings, apartments, and businesses. However, patrons are not trespassers, nor are invited guests. An important exception to this is if a child wanders onto the property that has a pool and then drowns. Pool owners in California are required to ensure that it is impossible for a child to get access to their pool without aid from an adult and can be found liable even if the child was trespassing.
The duty of care was broken: If you are on a property lawfully, it means that the owner has a duty of care to keeping you safe. If they neglect to do this, for example, if you were walking to your car and the lack of lighting allowed a criminal to sneak up and assault you, then that duty of care is broken. That breach makes the property owner liable.
The property owner should have reasonably been able to fix the issue: Continuing the above example, if the lack of lighting was due to a bulb that had burnt out weeks prior, and the property owner was aware of the issue, then they should have reasonably fixed it. However, if the bulb only burnt out a couple of minutes before you entered the parking lot, then the property owner would not have had enough time to fix the problem and may not be at fault for your injuries.
The issue directly led to your injuries: If that attacker wouldn’t have been able to sneak up on you if the parking lot had been properly it, then the injuries the attacker caused would have been the direct result of that burnt-out bulb and the negligence of the property owner.
Statute of Limitations
It is important to remember that as of 2020, you only have two years after the incident to file a lawsuit for a premises liability claim. If a government entity is involved, a claim must be filed within six months of the incident. After that point, the statute of limitations will be up. Two years may sound like a long time, but when you are contending with recovering from your injuries, taking prolonged periods off work, and figuring out how to pay medical bills, those two years can pass by quickly. That is why working with an experienced attorney who can handle the brunt of the case for you may be your best bet for filing a successful claim.
We Want to Help
If you are suffering serious injuries as a result of a property owner’s negligence, then you are in desperate need of a helping hand. Our Ventura personal injury attorneys at NordstrandBlack PC want to help you get the compensation you need to recover financially and emotionally. We are willing to fight for your right to compensation and, with our legal expertise, our chances of winning your case are incredibly high. Call our firm at (866) 298-2041 to schedule a free consultation.