When lawyers talk about “Premises Liability” they mean Dangerous Property Condition. This means something on a piece of property—a house, a store, a government-owned building, a public park, etc.—was unsafe and caused injury.
How do I know if I have a good case for a dangerous property condition?
The general rule for a successful premises liability case is: The owner of the property knew or should have known about the dangerous condition + the condition caused your injury. Your lawyer will be able to tell you for sure.
PRIVATE vs. PUBLIC PROPERTY CLAIMS
Premises Liability Law allows you to recover from both private and government property owners. Keep in mind that the statute of limitations for suing the government is shorter than it is for suing private parties. This is why it is important to meet with a lawyer as soon as you have been injured on someone else’s property.
Private Property
Any property not owned by the government (city, county, state, or United States) is private property. This includes homes, retail stores, restaurants, and most parking lots, as well as other types of property.
Examples of injury resulting from unsafe Private Property include: Slipping and falling because of debris or liquid on the floor in a store or supermarket, Injury resulting from a collapsed balcony or stairway, Slipping and falling because of oil or grease on garage ramps or floors, Tripping and falling over objects on the floor, Being struck by falling objects in a store
Public Property
Places like parks, government buildings (City Hall, courthouses, the DMV building, etc.), sidewalks, roads, and common stairways in buildings are public property.
Examples of injuries resulting from dangerous Public Property include: Tripping over tree roots or uneven sidewalk, Injury resulting from fallen power lines, Injury resulting from potholes, Being struck by falling tree branches on a sidewalk or in a park, Unsafe conditions on a public playground.
HOW I CAN HELP YOU:
If you have a good case for Dangerous Property Condition, you may be entitled to damages or compensation for:
Medical bills, Lost income, Lost future income, Pain and suffering, Loss of consortium (for spouses or domestic partners only).
IS THERE A TIME LIMIT FOR FILING MY CLAIM?
YES! This time limit, called the statute of limitations, will depend on the specific circumstances of your claim—the state in which the accident occurred, how it happened, who is involved, and other factors. Claims against most governmental entities in California must be filed with the correct agency within 6 months of the date of loss. This is why you must immediately contact an attorney when you feel that you have been injured by someone else’s actions. Your attorney will be able to determine the statute of limitations for your case and whether there is still time to make a claim.
