Synergist Law is a full service, personal injury firm headquartered in the heart of San Francisco with expertise in handling Premises Liability cases. From our conveniently located office in the heart of San Francisco, our San Francisco Premises Liability Attorneys provide the best personal injury services to the San Francisco Bay area and throughout the nation.
Cases of premises liability involve injury while on the property of another individual that lacks satisfactory maintenance and or is not well maintained. If the negligence of a property owner caused you injury, you will need an experienced San Francisco Premises Liability Lawyer to advocate on your behalf.
If you live near the greater San Francisco Bay area, and you or someone you know has sustained personal injuries due to someone else’s negligence you may be entitled to compensation.
We strongly urge you to contact an award-winning trial attorney at Synergist Law.
What duty does a landowner or possessor of property have concerning the safety of their property?
“It is now well established that California law requires landowners to maintain land in their possession and control in a reasonably safe condition.” (Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666, 674, internal citations omitted; see also, Staats v. Vintner’s Golf Club, LLC (2018) 25 Cal.App.5th 826, 833.) To comply with its common law duty, a possessor of property is required to “inspect [the premises] or take other proper means to ascertain their condition and, if a dangerous condition exists” it would have a duty to “remedy it.” (Staats v. Vintner’s Golf Club, LLC (2018) 25 Cal.App.5th 826, 833) (The Court of Appeal, held that the operator’s duty to keep its premises in a reasonably safe condition included protecting golfer from yellow jacket wasp nests.) “A failure to fulfill this duty is negligence.” (Brooks v. Eugene Burger Management Corp. (1989) 215 Cal.App.3d 1611, 1619.)
Because there is a duty of a property owner to provide a safe environment for visitors, the owner must repair or resolve potential hazards or to post warnings until those issues can be resolved. A failure to do that, with a resulting injury, may mean that the owner was negligent, and the injured person may be entitled to compensation for damages. In some cases, a possessor of a property fails to adhere to the applicable building safety codes and or did not upgrade certain aspects of the property as required by the Code. In such instances, a court may use the applicable statute as the minimum standard of care if certain other conditions are present. However, “a defendant property owner’s compliance with a law or safety regulation, in and of itself, does not establish that the owner has utilized due care and is not dispositive if there are other circumstances requiring a higher degree of care.” See (Lawrence v. La Jolla Beach & Tennis Club, Inc., (2014) 231 Cal.App.4th 11, 31.) To successfully litigate a premises liability lawsuit, you will need to show that the property owner knew or should have known that the land or building was unsafe and that they failed to take appropriate steps to remedy the situation.
Does a landowner have a duty to keep the property safe from criminal acts of others?
Businesses, such as shopping centers, restaurants, and bars, have an affirmative duty to take reasonable steps to secure their premises, as well as adjacent common areas within their control (e.g., parking lots), against reasonably foreseeable criminal acts of third parties. See e.g., (Delgado v. Trax Bar & Grill (2005) 36 C4th 224, 235.) This “special relationship” duty is not limited to patrons and paying customers, but extends to all other “business visitors,” including persons who merely accompany a prospective customer and those who are just “killing time.”
What are the different types of premises liability cases?
There are many different types of personal injury cases that fall into the premises liability category. Some of the most common types of premises liability cases include:
- Defective or dangerous conditions on the premises of a residential or commercial property
- Insufficient maintenance of the property including failure to maintain or repair the property in a condition free of dangerous defects
- Failure to adequately protect patrons from criminal conduct or assault by third parties.
- Injuries resulting from a property owner’s failure to adhere to applicable building and safety codes
- Injuries caused by impact with a glass door, window, or shower tub
- Injuries due to dangerous conditions of public property such as a sidewalk or city manhole covers. Gov.C. § 835 sets out the exclusive conditions under which a public entity may be held directly liable for injuries caused by a “dangerous condition” of public property. (Zelig v. County of Los Angeles (2002) 27 C4th 1112, 1132), Civ.C. § 1714
- Inadequate security of a residential or commercial building where criminal activity is foreseeable
- Injuries resulting from an attractive nuisance such as any object on a property that is likely to attract children. The attractive nuisance doctrine has been applied to hold landowners liable for injuries caused by abandoned cars, piles of lumber or sand, trampolines, and swimming pools but can be applied to virtually anything on the property of the landowner.
So-called slip and fall lawsuits in California also come under the heading of premises liability actions. These cases often occur when a store doesn’t clean up a spill promptly. Often, slip and fall accidents lead to serious and sometimes permanent medical conditions. When a possessor of a property fails to take precautions that are necessary to prevent injuries caused by hazardous conditions, lack of security, or neglected maintenance, they may be held liable.
What should I look for in hiring a Premises Liability Attorney?
Cases involving Premises Liability often necessitate hiring a firm with medical, technical and commercial expertise. Synergist Law proudly represents clients with premises liability injuries in the San Francisco Bay Area, Los Angles as well as all across California.
Founded by Sami Sedghani, the firm operates with a philosophy of tireless attention and advocacy to help the catastrophically injured and their families who are often up against very powerful opposition.
Our San Francisco Premises Liability Attorneys are among the best in San Francisco and are available 24/7, to take your call and give you a FREE, no-obligation case evaluation.
Synergist law has resources and targeted expertise in technical, medical, and commercial issues that give our clients an edge when facing the insurance company experts. Our technical expertise concerning the applicable building safety codes and fluency of the medical issues results in unrivaled trial advocacy and cross-examination of the opposing experts. With a proven track record of litigating high-stakes cases, our talented San Francisco Premises Liability Attorneys will dominate the opposition and get the maximum recovery for you or your loved ones.
As an accident victim, it’s extremely important that you hire the best attorney for your case. Dealing with insurance companies on your own is your worst option. You owe it to yourself and your family to call a San Francisco Premises Liability Attorney at Synergist law to receive a FREE, no-obligation case evaluation.
When it comes to putting pressure on the opposition, trust a San Francisco Trial Attorney at Synergist Law. Our client-first approach means that your case will be handled compassionately by a professional trial attorney who will provide you with regular updates.