Roseville Premises Liability Attorneys

When you visit someone else’s property, whether it’s a store, restaurant, or someone’s home, you have the right to expect a safe environment. Unfortunately, property owners don’t always uphold their duty to maintain safe premises, leading to serious accidents and injuries. If you’ve been hurt due to a property owner’s negligence in Roseville or the surrounding areas, The Sevey Law Firm is here to help.

Our experienced personal injury attorneys have a proven track record of holding negligent property owners accountable and securing fair compensation for our clients. We understand the nuances of premises liability law in California and are 100% dedicated to advocating for your rights every step of the way.

Premises Liability Settlements That Changed Lives

Retail Store Injury — $875,000

In Gonzales v. Dollar Center, our client sustained a low back injury when struck by a Dollar Center employee. Mr. Gonzales underwent surgery performed by Pasquale Montesano, M.D., to repair a herniated disc in his lower back. Dollar Center denied all responsibility and even denied that the individual who caused the injury was their employee. Dollar Center’s attorney offered $7,500 prior to trial.

Accidental Shooting Hand Injury — $800,000

In Turner v. Doe, our 35-year-old client was visiting friends in a garage when the homeowner’s son brought out two handguns and a rifle. Another friend, attempting to reenact a movie scene with one of the handguns, believed the weapon was unloaded and aimed it at our client’s hand while he was looking for his phone. When he pulled the trigger, our client was shot through his right dominant hand.

We retained an orthopedic surgeon who provided a report detailing the necessary surgeries and costs to repair our client’s hand. After enduring two surgeries, our client required at least two additional procedures that would leave him with an unusable right hand. Our client worked as a laborer performing custom cement jobs. We retained a vocational expert and an economist to estimate his future lost income. The case settled for the policy limits of $800,000.

Recoverable Damages in Premises Liability Cases

Our premises liability lawyers work tirelessly to ensure you receive full and fair compensation for your injuries resulting from a premises liability accident. We understand the toll these accidents can take on victims and their families. Here are some of the damages we may pursue on your behalf:

Medical Expenses

We fight to recover all your accident-related medical costs, including:

• Emergency room visits
• Hospital stays
• Surgeries
• Medications
• Physical therapy
• Future medical treatment

Lost Wages

If your injuries have caused you to miss work, we may seek compensation for:

• Lost income during recovery
• Reduced earning capacity
• Loss of future earnings if you’re unable to return to your previous job

Pain and Suffering

We understand that your injuries impact more than just your finances. We may pursue compensation for:

• Physical pain
• Emotional distress
• Loss of enjoyment of life
• Mental anguish

Types of Premises Liability Cases We Handle

Our Roseville premises liability attorneys have years of experience handling cases where property owners have failed to keep the property safe for visitors. We have a proven record of holding the negligent parties accountable and getting our clients fair compensation. Here are some of the types of premises liability cases we handle:

Slip and Fall

Slips and falls can happen due to wet floors, icy sidewalks, uneven surfaces, or poorly maintained staircases. These can result in serious injuries such as back injuries, head trauma, or spinal cord injuries. We investigate the circumstances of your fall to establish if the property owner was negligent and get you the compensation you deserve with the help of a skilled liability attorney.

Inadequate Security

Property owners have to maintain reasonable security measures to prevent foreseeable criminal acts. If you’ve been a victim of a crime due to a lack of security in a parking lot, apartment complex, or business establishment, we can help you hold the property owner accountable for not providing proper safety measures.

Defective Property Conditions

Dangerous property conditions such as loose handrails, crumbling steps, or poorly lit walkways can cause serious accidents. Our team knows how to identify these hazards and how they contribute to our clients’ injuries. We work to make sure property owners are held responsible for not maintaining safe premises.

Swimming Pool Accidents

Pool owners, whether private or public, have a responsibility to keep their pools safe. This includes proper fencing, signs, and supervision. If you or a loved one has been injured in a swimming pool accident due to negligence, our attorneys can help you with the legal process and fair compensation.

Dog Bites

In California, dog owners are liable for injuries caused by their pets. If a dog has bitten you, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. Our premises liability lawyers know the dog bite laws and can fight for your rights.

Elevator and Escalator Accidents

Malfunctioning elevators and escalators can cause serious injuries. Property owners and maintenance companies must inspect and maintain these machines regularly. If you’ve been injured in an elevator or escalator accident, we investigate the cause and hold the responsible parties accountable with the help of a dedicated Roseville premises liability attorney.

At The Sevey Law Firm, we know the physical, emotional, and financial impact premises liability accidents can have on victims and their families. Our attorneys are committed to fighting for your rights and getting you the compensation you need to heal and move on with your life.

The Challenges in Premises Liability Claims

Negligence is key in a personal injury claim involving premises liability. It requires the duty of care, breach of the duty of care, and causation.

The Owner’s Duty of Care

An owner or operator of a property is any individual or business entity that could be held liable in a premises liability case. This includes anyone who may own or retain control over a property.

For instance, if a store owner leases their store from a landlord, the store owner has control over the store’s premises. If an injury occurs on the premises due to a dangerous situation that the owner knew about, a valid premises liability claim could be brought against the store owner because they have control over the property, even if they do not own it.

A potentially harmful or dangerous situation that results in injury to a visitor to their property is considered negligence, provided that it could have been reasonably avoided.

The Reasonable Care Concept

It’s often unclear what “reasonable care” means when deciding who is responsible for safety. How much effort does an owner or operator need to put into inspecting their property to avoid being blamed for not warning visitors about dangers? Should they fix every possible hazard, or do visitors also need to take reasonable steps to avoid harm?

California law doesn’t provide a clear standard for judging whether an owner/operator’s actions are reasonable. These issues are mostly subjective, so working with an experienced Roseville premises liability lawyer is important to understand the specific factors in your case.

Even though much of this assessment of the owner/operator’s exercise of care is subjective, there are some guidelines in place. California Civil Jury Instruction 1001 outlines many of these guidelines, such as:

• Location of property in question;
• The injured visitor used the property for its intended purpose
• The level of danger of the condition that existed
• How likely a visitor to the property would be injured

Breach of the Duty of Care

Once the owner/operator has been identified and the duty of care has been established, the injured party must show that the owner/operator breached that duty. In essence, the question is proving if the owner/operator dealt with a dangerous condition negligently.

While an owner/operator may intend to repair a potentially dangerous situation on their property, if they do so negligently, under premises liability law, they may still be held responsible for the visitor’s injuries.

The Causation Concept

To prove causation, the owner/operator’s negligence must have been the primary cause of the injuries the visitor sustained. For example, if the potentially dangerous condition would have been obvious to a reasonable person, the victim cannot claim that the owner/operator is at fault for their injuries.

California law supports comparative fault, which means that even if the owner/operator is at fault, the victim may also be partially at fault. So, the fault of each party is determined by the court and is represented as a percentage of the total fault. If the victim was partially at fault for their injuries, their damages would be reduced by the percentage of their fault, as determined by the court.

Third-Party Interference

The owner/operator cannot be held responsible for a third party’s role in an injury on the owner/operator’s premises. In California, though, the owner/operator is responsible for failing to reasonably control any negative third-party behavior that can be expected, given their knowledge of the history of the location and nature of the premises.

For instance, if the owner/operator’s premises are within a known high-crime area, the owner/operator can take certain measures to secure the safety of their visitors by hiring guards, modifying access to the premises, and installing security cameras and lighting. Failure to do so would constitute negligence under premises liability laws.

Public Property

As with any California personal injury cases, the government is often not liable if an injury happens on public property. Government Code section 835 states that the petitioner must show:

1. A public employee acted negligently (but within the scope of his or her employment) to create a dangerous situation or
2. The public entity was aware of the dangerous condition and had time to prevent the injuries.

This means that public entities have certain additional protections that make it much harder to bring a successful premises liability case against them.

Contact Us for a Free Consultation

If you’ve been injured due to a property owner’s negligence in Roseville or the surrounding areas, don’t wait to seek legal help. We offer free, no-obligation consultations to discuss your case and look into your legal options with our experienced premises liability lawyer, Jeff Sevey.

Remember, time is vital in premises liability cases. Evidence can disappear, witnesses’ memories can fade, and there are strict deadlines for filing claims. The sooner you reach out to us, the better we can defend your rights and build a strong case on your behalf.

We work on a contingency fee basis, which means you pay nothing upfront. We only get paid if we win your case. This helps you to get the legal representation you need without worrying about additional financial strain during this difficult time.