Fountain Valley Premises Liability Lawyer
Premises Liability Attorney in Fountain Valley, CA
Property owners are required to maintain their premises in reasonably safe condition for visitors, customers, tenants, and guests. Dangerous conditions should not be permitted to exist when they could cause someone to become injured. If you were hurt on someone else’s property, a Fountain Valley premises liability lawyer can help you better understand your legal rights. Premises liability claims can arise in many different situations.
Shopping centers along Brookhurst Street and commercial properties near Warner Avenue are just a couple of places where premises liability accidents can happen in Fountain Valley. Apartment complexes, restaurants, office buildings, and parks like Mile Square Regional Park are other common locations.
Property owners are not always liable for every accident that takes place on their property. However, California law may require them to compensate individuals who are injured because of their negligence.
We Are Here When You Need Us
At Bentley & More LLP, we know that an injury can impact more than just your physical well-being. We strive to learn how an accident affected not only you, but your family, finances, job, and future plans. Every client has their own story to tell. That is why we tailor our approach to fit each person’s unique situation.
While our firm has been recognized many times for our advocacy throughout California, we work hardest to provide results that truly make a difference in our clients’ lives.
California Premises Liability Laws
California Civil Code Section 1714 states that everyone is responsible for injuries they cause by their willful misconduct or failure to use ordinary care. Many premises liability claims are based on negligence, making this law one of the most common statutes used in these types of claims.
California Code of Civil Procedure Section 335.1 generally allows injured people two years from the date of the injury to file a personal injury claim. If this statute of limitations expires, the individual may be barred from pursuing their claim in court.
There are many other premises liability laws in California that could apply to your case. Our Fountain Valley premises liability attorneys can help you understand how local building codes, safety regulations, and property maintenance requirements may affect your claim.
Proving Negligence in a Premises Liability Case
To determine liability in a premises liability case, it must usually be shown that the property owner was negligent. Just because a property is in a dangerous condition does not necessarily mean the property owner is at fault. Depending on the circumstances, it may be necessary to prove that the party responsible for maintaining the property created the hazard, knew about the condition, or should have discovered the problem during routine inspections.
The injured person may also be required to prove that the property owner had enough time to correct the issue or warn patrons about the hazard before the accident occurred. Property owners often claim that the hazard was open and obvious or that the injured party failed to exercise reasonable care. For this reason, many premises liability claims focus on the issue of notice, maintenance records, and the actions of the visitor before the accident occurred.
Falls are one of the main results of premises liability issues. According to Injury Facts, 48,308 persons lost their lives in falls in 2024. That represents 24% of all avoidable injury-related fatalities in the United States.
Evidence Used in a Premises Liability Claim
There are many different types of evidence that can be used to help prove liability and damages in a personal injury claim.
Photos of the area where the accident occurred are often used to demonstrate what the property looked like at the time of the incident. Video surveillance, maintenance records, inspection reports, witness statements, and incident reports can sometimes help establish what happened. Medical records can be used to prove injuries and the cost of treatment.
Professionals, repair bills, and previous complaints involving the same condition may also become important pieces of evidence. Since property owners can fix problems right after an accident happens, preserving evidence in a timely manner is often crucial.
FAQs
Is It Hard to Succeed in Premises Liability Cases in Fountain Valley?
Premises liability cases can be hard to succeed in since the plaintiff generally has the burden of proving that there was a dangerous condition and that the defendant knew about it. Beyond that, defendants can leverage arguments of contributory negligence or assumption of risk, alleging the dangerous situation was apparent or that the plaintiff shared responsibility for their injuries.
What Is the Premises Liability Law in California?
Premises liability laws in California normally require property owners to keep their premises reasonably safe for visitors. California law generally allows individuals and business entities to be held liable if someone else is injured on their property due to their negligent acts and failure to use ordinary care.
Premises liability claims can arise out of many situations such as slip and fall accidents, inadequate security, dangerous property conditions, and other accidents that injure lawful visitors.
What Questions Are Asked in a Premises Liability Deposition in Fountain Valley?
Typically, the main questions relate to how the accident in Fountain Valley happened, what you were doing leading up to the accident, how your injury occurred, what injuries you suffered, what treatment you have received, and whether you have ever had past injuries or claims. Attorneys also ask you about the cause of the accident and may ask if there were any warnings, if you noticed the dangerous condition before you were injured, and what exactly you did.
What Kind of Tort Is Premises Liability?
Premises liability is usually a negligence-based tort law. In a premises liability case, injury or harm occurred when a property owner, manager, tenant, or other party failed to provide reasonably safe premises or properly warn visitors of known dangers. Determination is made through the breach of a legal duty owed to a person entering the property.
Hire a Premises Liability Lawyer
If you want to hire a premises liability lawyer for your case, it can help to understand how California’s premises liability laws apply to your situation. The circumstances leading up to an accident, the cause of the accident, and the injuries you sustained are a few factors that can impact what issues are involved in your claim. Bentley & More LLP can assist you. Contact us for your premises liability needs.
Client Testimonials
“I can’t thank Bentley & More enough, especially Steve. After my dad’s passing in a car accident, they secured a settlement we are so grateful for. From the start, they made sure we were taken care of, handling everything so we didn’t have to worry. Steve went above and beyond, always there when we needed support, and it was such a relief knowing we were in good hands. If you’re looking for a firm that truly cares, Bentley & More is the one. Highly recommend them!” – Kevin Jimenez ⭐⭐⭐⭐⭐
Bentley & More LLP Office
Address: 4931 Birch Street Newport Beach, CA 92660
Phone: (949) 870-3800
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