San Dimas Premises Liability Lawyer

San Dimas Premises Liability Attorney

Under California law, property owners in San Dimas have a legal obligation to keep their premises in a safe condition. If the conditions are dangerous and you or someone you love is injured because of it, contacting a San Dimas premises liability lawyer can help you understand if you can pursue a claim.

Dealing with an injury can be incredibly overwhelming, especially when you were hurt due to another party’s actions. At Amendt Law, we offer free consultations to residents of San Dimas and surrounding areas who have been hurt due to negligent property maintenance or unsafe conditions. We’ll evaluate the details of your personal injury case, explore what legal options are available to you, and help take the weight off your shoulders so you can focus on healing.

Understanding Premises Liability Under California Law

California Civil Code § 1714 outlines the extent of premises liability. In California, every person must manage their property with reasonable care. If they fail to take ordinary steps to keep their property safe and a person gets injured, they can be held liable for the injuries.

This law applies to businesses, landlords, homeowners, or even those organizing an event on their property. This also includes workplace injuries. Los Angeles County had 25% of California’s reported workplace injuries in 2023, making it the highest rate in the entire state.

Even if they aren’t present at the time of the incident, they can be held responsible. As of 2023, 71.4% of San Dimas residents were homeowners, making owner responsibility incredibly important.

Common Types of Premises Liability Cases in San Dimas

Premises liability cases in San Dimas are usually handled at the Pomona Courthouse South, located at 400 Civic Center Plaza in Pomona. Some of the most common types of claims handled by Amendt Law include:

• Slip and fall accidents
• Injuries due to poor lighting in stairwells, parking lots, or walkways
• Assaults or theft due to negligent security measures, especially when the property has a history of criminal activity
• Unsafe staircases, such as those with broken or missing handrails
• Animal attacks, usually due to the pet of the property owner

No matter the case, a detailed investigation is needed to decide if the property owner had knowledge of the hazard and whether or not they took reasonable steps to fix it. Photographic evidence of the area where the injury occurred is often the strongest type of proof. Other evidence can include copies of medical records, incident reports, security camera footage, maintenance logs, inspection records, witness statements, and professional opinions.

Common Defenses During a Premises Liability Case

Generally, the plaintiff must prove that the property owner broke the law by failing to maintain their property. Property owners often defend themselves by arguing that they were unaware of the dangerous condition on their property that led to the injury. This is known as the “lack of notice” defense.

If they can prove that they weren’t aware of the hazard and couldn’t have been reasonably expected to know about it, they may not be found legally responsible. For example, if a grocery store customer slips on a spill, and the owner argues they didn’t know about it or have time to fix it.

They may also use the “open and obvious” defense, which means they claim the hazard was so clearly visible that any reasonable person would have seen it and avoided it. In these situations, the owner may argue they had no duty to fix the condition or warn others. For example, if a homeowner argues they aren’t liable because a large tree root on their walkway was obvious and didn’t need a warning.

Another common argument in California is comparative negligence. This means the property owner believes the injured person was partly responsible for the accident. For example, if a store visitor is distracted by their phone, they may trip over a cracked step that needs repair. The court may reduce their compensation because both the visitor and the store owner share fault.

Property owners might also claim the injured person voluntarily accepted the risk, known as assumption of risk. This could include a trampoline park attendee signing a waiver and knowing the risks involved.

FAQs About San Dimas, CA Premises Liability Laws

What Factors Influence the Results of a Premises Liability Claim?

For invited guests or those with implied permission to be on the property, such as mail carriers, any injuries may result in grounds for a claim. However, if a person is unlawfully visiting, like a trespasser, the property owner usually doesn’t owe them any care. The exception to this rule is if a child wanders onto the property and gets injured.

How Long Does a Premises Liability Case Take?

Settling a premises liability case in California can take a few months to over a year, depending on several factors. These include the severity of the injury, the time needed for medical treatment, and how long it takes to gather evidence. Cases often settle faster if the injuries are minor and liability is clear. If medical treatment is ongoing or fault is disputed, the timeline may be longer.

What Compensation Can You Receive After a Successful Claim?

Victims may be entitled to compensation for medical treatment, lost income, and damaged property. If an injury affects future earning ability, those losses may also be included. Non-economic damages cover pain, emotional suffering, and reduced quality of life. For instance, someone who can no longer enjoy hobbies after an accident may qualify for compensation.

What Do I Do After Getting Injured Due to Unsafe Property Conditions?

Report the incident to the property owner or manager right away. If you can, take photos of the hazard before it’s fixed or cleaned. Get medical care and follow your doctor’s instructions. Keep all medical records, bills, and receipts. Write down what happened and gather contact info for any witnesses. Don’t give recorded statements to insurance companies before speaking to a lawyer.

Contacting a Trusted California Law Firm

If you or someone close to you was injured due to unsafe conditions on someone else’s property in San Dimas, legal representation may help secure compensation and get you the justice you deserve. Amendt Law serves clients across San Dimas and surrounding areas with a primary focus on personal injury cases. To schedule a free consultation, contact us today.