Whenever you visit any private property in the Modesto, California, area, you have the right to expect the property to be free of foreseeable safety hazards and for the property owner to have taken proper care of the premises. Unfortunately, not all property owners take the safety of the visitors seriously. If you suffer a slip and fall or similar injury due to a property owner’s lack of reasonable care in maintaining their property, this could form the basis of a premises liability claim.
Every property owner in California must meet the state’s requirements for maintaining safe premises, and when they fail to do so and injuries result, victims need to know their rights and their options for legal recourse. The Law Offices of David Davidi, APLC, can provide the robust and compassionate legal counsel you need for this type of case. Our firm has successfully handled many personal injury cases in Modesto to secure appropriate compensation for the losses they have suffered due to the negligence and misconduct of others.
A premises liability claim is a personal injury claim, and state law upholds several provisions specific to personal injury suits. If you believe you have grounds to file any personal injury case, it’s important to know the procedural requirements you will need to fulfill and the value of having legal representation you can trust throughout your case proceedings.
The issue of foreseeability comes into play in most premises liability claims. To succeed with this type of personal injury case, the plaintiff must prove that their slip and fall resulted from the property owner’s failure to fix or warn them about a foreseeable safety issue. A few examples of problems on a property that could potentially cause a slip-and-fall injury include:
These are only a few examples of slip-and-fall hazards that a property owner should recognize as foreseeable safety issues. Once you have proven the exact cause of your slip-and-fall injury, you must prove that you were legally present on the property where your injury occurred.
California’s premises liability laws exist to protect those who have permission to enter private property. These include invitees, who the property owner invites to their property for the property owner’s purposes, and licensees, who are allowed to enter a property for their own purposes. Invitees usually include personal guests to a home, neighbors, and customers to a private business. Licensees usually include utility workers, salespeople, and mail carriers. Premises liability laws do not apply to intruders or trespassers. Therefore, if someone enters private property without the property owner’s permission and suffers a slip-and-fall injury, they cannot file a premises liability claim against the property owner.
After you have proven that you were legally present on the defendant’s property and that your injury resulted from their failure to maintain reasonably safe premises, you can proceed with your premises liability claim. This type of personal injury suit seeks compensation for the damages you suffered from your slip-and-fall accident, which may include:
You might be surprised to discover you can claim more compensation than you initially expected. However, it is important to remember that if you bear any partial responsibility for your slip-and-fall accident, it will diminish your recovery.
The state upholds a pure comparative negligence statute. This comes into play in any civil claim for damages in which the plaintiff shares fault with the defendant for causing their claimed damages. If this law applies to your premises liability claim, the judge overseeing your case will assign you a fault percentage to reflect your level of fault in causing your claimed damages. This percentage is how much of your final case award you will lose. For example, if you are claiming $200,000 in damages but bear 10% comparative fault, you lose $20,000 from your final case award.
It’s common for property owners faced with premises liability claims to assert comparative fault in their attempts to deflect liability for plaintiffs’ damages. When you choose the Law Offices of David Davidi, APLC, as your counsel in a Modesto slip-and-fall accident claim, we will do everything we can to make a compelling case on your behalf. Should comparative fault arise in any way, we will leverage the evidence in play to minimize the fault percentage assigned to you, preserving your case award as much as possible.
Private property owners are legally required to prevent injuries to lawful guests and visitors, including invitees with permission to enter the property for the property owner’s purposes and licensees with permission to enter the property for their own purposes. The law does not apply to intruders or trespassers. If someone interlopes on private property and suffers an injury, they cannot sue the property owner since they did not have permission to enter the property.
The total value of any personal injury claim hinges on the severity of the damages the plaintiff incurred. Your Modesto slip-and-fall accident attorney will be invaluable for helping you accurately calculate immediate and future medical expenses, lost income, lost earning capacity, and any other economic damages suffered from the incident. They can also help you determine a suitable amount of pain and suffering compensation to seek with your claim.
In any personal injury case in which liability for the incident is called into question, and the defendant asserts that the plaintiff shares fault for the accident, the judge overseeing the case will assign each liable party a fault percentage. If the plaintiff bears any fault for causing their claimed damages, the judge will assign a percentage of fault, and this percentage is then deducted from the plaintiff’s total case award. For example, bearing 10% fault in a $100,000 claim would mean losing $10,000 for a net case award of $90,000 instead.
The statute of limitations for most personal injury claims is two years, starting on the date a personal injury occurs. Your Modesto slip-and-fall accident attorney will help you meet this deadline to preserve your right to recover compensation from the defendant. It is advisable to consult an experienced attorney as soon as possible after you receive medical treatment for your injuries.
It’s understandable to worry about legal fees when you are already struggling with the economic effects of a serious personal injury, but the attorneys at the Law Offices of David Davidi, APLC, accept personal injury clients on a contingency fee basis. This means our client pays nothing upfront, and they are not required to pay any ongoing fees for our representation throughout their case proceedings. We only take a fee after we win compensation for our client, and the fee we take is a percentage of the total damages won from the defendant. If we cannot secure compensation for our client, the client pays nothing.
The attorneys at the Law Offices of David Davidi, APLC, have helped many Modesto area clients recover from all types of personal injuries, including those suffered in slip-and-fall accidents. We know the various legal challenges you could face as you seek remuneration for your losses, and our goal is to help you recover as fully as the law allows. If you are ready to explore your options for legal recourse against a negligent private property owner, contact us today and schedule your free consultation with a Modesto slip-and-fall accident attorney.