California property owners must abide by certain standards to prevent dangerous property conditions from harming others. Landowners and property managers must ensure their premises is safe for anyone who may have occasion to use it. If a manager or property owner fails to do so, and as a result, you are injured, you have a right to hold them accountable with help from Bakersfield premises liability attorney Mickey Fine.
Premises liability applies to both residential and commercial properties and may include things as varied as slip and fall accidents and animal attacks. The bottom line is if you have been injured due to another party’s negligence, you are entitled to compensation for all of your damages.
For over 30 years, Bakersfield personal injury lawyer, Mickey Fine has been holding negligent property owners accountable and getting maximum compensation for victims of traumatic injuries. When you come to our office for your free initial consultation, Mickey Fine will evaluate your claim and explain what will be required to ensure you are provided the full compensation you are due.
Examples of Premises Liability
At the Law Offices of Mickey Fine, we handle premises liability cases involving things such as:
Businesses are responsible for maintaining safe conditions and warning customers of unsafe conditions throughout their stores. If the business does not sufficiently warn patrons about dangerous conditions and a person is injured, the store owners can be held liable for compensation. For example, if a store does not warn guests that a floor is wet and someone slips and hits their head, the owners can be held liable for that person’s injuries.
Premises Liability in Amusement Parks
Many premises liability cases stemming from events at amusement parks are caused by the failure to properly maintain the rides or the area in which the rides reside. Any accident that occurs due to equipment failure or maintenance issues can result in the owners of the property, property management company, or managers of the rides being held responsible for damages.
Swimming Pool Accidents
Swimming pools are common in Southern California as a fixture in private homes or in public recreation centers and water parks. Certain reasonable safety measures must be taken to avoid these installations posing a risk to others, especially small children. Improperly maintained gates or fences or slippery surfaces could potentially create liability for Bakersfield property owners.
Premises Liability for Elevators and Electrical Equipment
Elevator and electrical accidents are other examples of premises liability cases. If a person is injured in an elevator failure or electrocuted due to poor maintenance or neglect, the property owner or manager may be held responsible for damages.
Premises Liability for Hotels
Hotels can also be held liable for damages that occur on their property as a result of poor maintenance and neglect. One form of negligence that is common is water damage. Water damage can cause damage to ceilings which can cause collapses. Instances of faulty fire alarms and fire extinguishers and failing to notify guests of the locations of these things are also common forms of negligence. Faulty staircases and stairways are also common. When a person injures themselves on a broken stairway or a poorly lit sidewalk, the owner of the property could be held liable for damages.
Premises Liability for Dog Bites
In the United States, over 4.7 million people are bitten by dogs each year. In California, dog bites fall into the category of strict liability, which means that the owner of the dog is responsible for all of the damages involved with being bitten. Call Mickey Fine right away if you or a loved one has been bitten by a dog in Bakersfield.
Common Injuries in Premises Liability Cases
Premises liability cases aren’t necessarily as dramatic as car accidents or truck accidents, but they can still cause their victims significant injury and cause life-long pain and suffering. Common injuries stemming from premises liability cases include:
Broken Bones
Victims who experience broken legs, arms, ribs, hips, and shoulders are often subject to extreme pain and anguish. Some breaks are so severe that people need surgery to correct the problem and countless hours of physical therapy to return to normal function. Many of these injuries are expensive to fix and require months to years of recovery.
Electric Shocks
Electrical shocks can happen to anyone and often, without warning. When water comes into contact with a live wire or an electrical device, dangerous shocks can occur. Electrocution often happens around swimming pools and other bodies of water.
Burns
Even the most minor burns can be very painful and scarring for their victims. Serious burns can result in hospitalization, skin grafts, and nerve damage, depending on their severity. Burns are often caused by fires, electrical shocks, harmful chemicals, and hot liquids, amongst others.
Neck and Back Injuries
Neck and back injuries are common in premises liability cases. Slipped disks, broken vertebrae, and spinal cord injuries are often the result of falls on walkways, staircases, and balconies. These injuries are often serious and painful and, most times, require surgical repair. Broken vertebrae can result in paralysis and loss of function when the spinal cord around the affected area is damaged. These injuries often require extensive physical therapy, and victims often never fully recover.
Traumatic Brain Injuries
Brain injuries are all too common in premises liability cases. Skull fractures and concussions are often the results of premises liability accidents such as:
Trip and fall accidents
Stairway accidents
Structure collapses
Brain injuries of any type are serious and should be taken seriously. The can leave their victims with lasting symptoms that include:
Minor to severe headaches
Dizziness
Loss of memory
Lifelong disability
Loss of enjoyment of life
Dementia
Bruising and bumps
Torn Ligaments and Muscle Strains
Torn ligaments and muscle strains anywhere in the body can be very debilitating and painful. Victims of these types of injuries may lose time from work, need surgery, and require extensive physical therapy to return to normal life. These types of injuries are common in slip-and-fall accidents when the body contorts in abnormal ways.
Skin Lacerations and Bruising
In many premises liability cases, we see victims that are left with skin lacerations, bruising, and puncture wounds. Some of these injuries will heal on their own, but many require stitches to heal properly. Cuts from dog bites, glass, and other sharp objects often leave scars that can be noticeable for the rest of the victim’s life. Encounters such as being bitten by a dog can also leave victims with severe mental trauma and PTSD in addition to the physical pain that they endure.
At The Law Offices of Mickey Fine, we believe that you don’t need to suffer financially as a result of your accident. We will fight for you in your time of need to ensure that you are compensated for your suffering. If you are looking for experienced premises liability attorneys in California, contact us today so we can discuss providing you with legal representation.
Steps to Take in a Premises Liability Case
If you are involved in a premises liability accident in California, the steps you take after your accident play a crucial role in building your case for compensation. California premises liability attorney, Mickey Fine, will take your case seriously and investigate the circumstance of your accident. The documentation and memories of your accident will strengthen your case, so be sure to take the correct steps.
If you are injured in your accident, the first thing you should do is call for emergency help immediately. Obtain the contact information of all witnesses (if any) at the scene.
If your injuries are not preventing you from doing so, take photos and videos of the area which caused you to injure yourself. This can include the environment of the location, where witnesses were standing, how the incident happened, etc.
List all of your injuries and keep a detailed record of the costs you take on due to medical bills and lost wages due to your injury.
Keep a detailed record of all emergency room and doctor’s visits, physical therapy visits, prescriptions, and medical devices that you needed due to your accident.
Make sure you have a complete and detailed record of your medical history, as it may be essential to your case.
Notify your employer of your accident and request verification of your income so you can calculate the wages you have lost in the time since your injury.
Contact premises liability attorney Mickey Fine as soon as possible so that he can begin an investigation into the details of your case. Mickey Fine will talk to insurance companies and witness on your behalf so that you can focus on healing yourself. It is important that you not make any contact with the owner of the property or the party which caused your injuries. This process will be handled by Mickey Fine.
Compensation in a Premises Liability Case
If you were injured due to a property owner’s negligence in Bakersfield, you might be entitled to compensation for the following damages:
Medical Bills
In the time after your accident, you may be overwhelmed by the number of medical bills that you compile. The good news is that you can seek compensation for your medical bills with the help of premises liability attorney Mickey Fine. This compensation can span a range of medical expenses, including:
Current, past, and future medical bills
Ambulance bills
Hospital stays
In-home medical devices
At-home assistance
Rehab
Prescription costs
While this list is not exhaustive, it can give you an idea of just how much goes into your personal injury claim. With the help of personal injury lawyer Mickey Fine, you will be able to know what kind of compensation your specific case deserves.
Loss of Present, Future, and Past Earnings
Many of our clients are left with long-term and permanent injuries that cause them to have limitations in the workplace. This can lead to a loss of quality of life and other psychological issues that damage a person’s personal life. With the help of an experienced personal injury lawyer, victims can seek compensation for the money that they lose from the work they miss out on due to their injuries.
Physical Pain and Suffering
There are certain aspects of a premises liability that are considered economic and based on facts. Other factors, such as your pain and suffering, are considered non-economic. With the help of Mickey Fine and his team of premises liability lawyers, you can seek monetary compensation for the pain and suffering that you endure as a result of your accident. The injuries you sustain in your accident may leave you with physical limitations going forward. For example, if you suffered a brain injury or spinal injury as a result of your accident, you may be able to seek compensation for the loss of quality of your life.
Psychological Pain and Suffering
Along with the physical pain and suffering that you may experience as a result of your injuries, you may also suffer from psychological harm as well. Events that lead to injuries can often leave their victims with the chance to pursue compensation for the following:
Emotional pain
Embarrassment
Anger
Depression
Anxiety
Post-traumatic stress disorder
Do I Need a Premises Liability Attorney?
When you are injured on the property of another person, the owner of that property may be held responsible for failing to uphold their responsibility to take reasonable care or warn others of the dangerous conditions on their property. Under California law, accident victims have the right to pursue compensation for damages caused by a premises accident by filing a personal injury claim.
We will investigate your claim, establish liability, and fight tirelessly for your rights. When you are injured in a store with a security system, we may access video of your accident to establish liability, but we can also utilize industry experts to determine the circumstances surrounding your injury to find all instances of property owner negligence. We are prepared to take your case as far as necessary to ensure a positive outcome.
If you have been injured on someone else’s property, please contact the Law Offices of Mickey Fine to schedule a free consultation with our Bakersfield, California, premises liability attorney today.
Law Offices of Mickey Fine – Bakersfield Office 930 Truxtun Ave, Suite 110 Bakersfield, CA 93301 (661) 333-3333
Commonly Asked Questions About Premises Liability Accidents in Bakersfield, California
Can I file a premises liability claim in Bakersfield, CA?
If you are injured due to negligence on someone else’s property, you are entitled by the law to hold them responsible for the damages you incur with the help of experienced premises liability lawyer Mickey Fine. You don’t need to go about this process alone. Know that Mickey Fine will fight for you and do everything that he can to ensure that you get the compensation you deserve while you focus on healing.
How do I file a premises liability claim in Bakersfield, CA?
There are a few things that you need to consider before filing a premises liability claim in Bakersfield. First, if you are severely injured, call 911 and get medical attention right away. Your health and safety should be your number one priority, do take care of yourself.
If you can, document the scene of your accident with pictures and video. Obtain any contact information of witnesses and document your injuries. After this, it is important that you call premises liability lawyer Mickey Fine and discuss your case. Premises liability cases are complicated and hard to navigate so it is crucial to have an experienced personal injury lawyer on your side who knows all the ins and outs of the law.
Who will pay my compensation in a premises liability claim in Bakersfield, CA?
In premises liability claims, you will most likely receive compensation from the at-fault party’s insurance company. Depending on the policy limits of their insurance and the severity of your injuries, you can pursue extra compensation from the at-fault party themselves.
How much compensation am I entitled to in my premises liability claim?
The amount of compensation you are entitled to in a premises liability claim is dependent on a few factors, including:
The type of insurance coverage you file your claim against.
Your injuries
Whether or not you bring a claim against the at-fault party for more compensation than their insurance limit allows.
The only way to determine how much compensation you will be able to receive in a premises liability case is through the help of Mickey Fine. He will be able to examine your case and get you the amount of compensation that you deserve.
How long will my premises liability case take to resolve?
The time it takes to settle your case is relatively impossible to determine without actually going through the entire process, but there are a few factors that can extend or shorten the length of your case:
Disputes on the issue of liability in your case.
Your medical condition and prognosis.
Settlement and compensation negotiations.
Issues with insurance companies.
While cases may take longer than expected every once in a while, it is important to remember that a premises liability case should never be rushed. Mickey Fine will do his best to achieve a win on your behalf, but in order for this to happen, patience is needed.
Should I accept an insurance settlement for my premises liability claim?
Not under any circumstances should you accept an insurance adjuster's settlement offer at any point during your claim. It is important to remember that the primary goal of an insurance adjuster is to save the company money; therefore, your offer will almost never be satisfactory. Be aware that accepting any insurance settlement may further bar you from further compensation for your injuries
How long do I have to file a premises liability claim in Bakersfield, CA?
The statute of limitations in California requires that you file a lawsuit against a private party within two years from the date of your accident. If you plan on filing a suit against a public entity, the time limit is much shorter, 6 months from the date of your accident. It is important that you contact an attorney as soon as possible after your accident to ensure that you do not miss these very important deadlines.
