Quirk Accident & Injury Attorneys represent victims injured due to a premises liability in Santa Barbara, California. A premises liability is when a person, property owner, company, or government entity fails to maintain a safe environment for others, resulting in an injury or property damage. In this article, we’ll cover what you should do after being injured in a premises liability, and what legal options are available.
If you need legal help, the Premises Liability Lawyers at Quirk are here to provide you with legal representation and ensure you are fully compensated for the full extent of your damages. Unfortunately, many injured victims delay reaching out to a lawyer after suffering an injury. So, don’t wait until it’s too late to take legal action. Contact Quirk Accident & Injury Attorneys today for a no-cost, no-obligation consultation.
What Should I Do After a Premises Liability Injury?
If you’re injured in a premises liability accident, you should seek medical attention immediately. Seeking medical attention is not only important to your health, but it is an essential step to building a strong case if you elect to take legal action, even if you feel you’re not injured. Following medical treatment, it is recommended to:
- Report the injury to management (if applicable). Premises liability accidents require a prompt investigation, especially if they occur on property owned by a corporation.
- Take your own photos of the scene and get witness statements. Hazardous conditions can be removed or remedied very quickly to prevent more accidents, so it is important for you to capture the dangerous environment while it is still there.
- Follow up on your injuries with a doctor. Any injuries you’ve sustained from your accident will become a part of your case, and you will need a doctor to corroborate your injuries.
- Contact Quirk Accident & Injury Attorneys to protect your rights to compensation. Most accident victims find themselves overwhelmed by the incident and fail to realize the enormous impact an injury can have on their lives. Our Premises Liability Attorneys can help you understand your legal options and get you the compensation you need to make a full recovery.
How Do I Know if I Need a Lawyer After a Premises Liability Accident?
Determining whether you need a lawyer after filing a premises liability accident claim with the liable party’s insurance will depend on a number of factors. For example, if their insurance does not fully cover your damages or disputes your claim, it is recommended to consult with the Premises Liability Attorneys at Quirk.
If your injuries are minor, such as scrapes and bruises, then you will most likely not need a lawyer. However, if you suffered injuries that caused you to need medical treatment or miss time at work, then it is recommended to consult with one of our lawyers. An insurance company does not place much value on missed time at work, having to change careers, or the emotional trauma involved in an accident. That’s where Quirk Accident & Injury Attorneys can help. We make sure injured premises liability victims receive full compensation for the following damages:
- Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
- Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: these damages are rare, but if a property owner engaged in reckless behavior or had the intention of hurting you, then you could sue for punitive damages
What You Will Need When Consulting with a Premises Liability Lawyer for the First Time
The initial process of speaking with our law firm for the first time usually starts off with a questionnaire to assess the merits of the case. This questionnaire will provide us with key information to help determine if a case is worth pursuing or not. However, if you’d like to speak directly to one of our attorneys, you can set up a brief meeting to discuss the details of your situation prior to answering a questionnaire. The following data is what potential clients will need when they first sit down with us:
- Employment details: current or former employer, job title, dates of employment, and compensation information.
- Nature of the complaint: type of carelessness that led to your injury (premise liability, reckless driving, defective equipment)
- Timeline of events: dates of key incidents, formal complaints filed, relevant communications with the employer
- Witnesses: names and contact information of potential witnesses to the alleged misconduct
- Documentation: list of relevant documents (x-rays, MRIs, doctor’s diagnosis, physical therapy appointments, workers’ compensation forms)
- Prior legal action: if you’ve filed previous personal injury claims, then the details of your previous case may be relevant to your new case
- Medical information: details about your medical diagnosis and treatment plan
- Social media presence: your injury may be documented online, as well as you discussing the details of your personal injury
Common Premises Liability Incidents in Santa Barbara
Santa Barbara features many coastal tourist destinations with historic buildings and busy downtown areas like State Street that present numerous premises liability situations due to the number of hotels, restaurants, and residential properties, which are all required to create a safe environment for visitors. The most common premises liability incidents that result in injury include:
- Slip-and-fall: wet or slick floors, defective stairs, missing handrails, poor lighting, or hazardous conditions can cause a slip-and-fall injury.
- Swimming pool injuries: swimming pools are common in Santa Barbara, and present a huge premises liability if safety precautions are not taken. Swimming pool claims often involve drowning, slips on wet decks, lack of fencing, or inadequate supervision.
- Falling objects: unstable shelves, poor maintenance, or dangerous construction areas can result in objects falling and severely injuring someone.
- Dog bites or animal attacks: while some of these cases may be separate from a premises liability case, if the property owner is irresponsible and allows a dangerous dog or animal to be unrestrained and bite someone, they can be charged with a premises liability. A dog or animal does not have to have shown prior dangerous behavior to be considered dangerous. It is up to the property owner to keep their guests from being injured by their animals.
What the Law Says About Premises Liability
If an individual, company, or government entity fails to exercise reasonable care over their property and someone gets injured, they can be held liable for damages according to California’s Civil Code 1714(a), which states:
“Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary car, brought the injury upon himself or herself.”
Who is At Fault for a Premises Liability?
Depending on the details of the injury, there can be several liable parties. The most common liable parties for premise liability injuries include:
- A property owner
- A business owner
- The government
- A contractor or subcontractor
- A manufacturer of defective materials
- Building supply vendor
Liability would fall to whoever created the hazardous environment. The difficult part most injured victims run into with premises liability incidents is identifying the liable party, especially when no one wants to take responsibility. The Premises Liability Lawyers at Quirk can hire investigators, speak with witnesses, and determine a liable party on behalf of injured victims to ensure their damages are compensated by those culpable for causing harm to another.
Proving Premises Liability
If you file a premises liability lawsuit against a property owner or corporation, you will be considered the plaintiff and the liable party would be considered the defendant. To recover damages from the defendant, you must establish the following:
- The defendant owned, leased, or controlled the property
- The defendant was careless and did not maintain the property in a safe manner
- You were harmed by slipping or falling on the property
- The defendant’s careless action or hazardous conditions caused you harm
In a premises liability case, a property owner is considered careless when they:
- Allow a hazardous condition to exist on their property
- Knew, through the exercise of reasonable care, that this condition existed
- Fail to repair the hazard, or warn others about the condition
Contact Quirk | Santa Barbara Premises Liability Lawyers
If you or a loved one has sustained injuries from a premises liability in Santa Barbara, Quirk Accident & Injury Attorneys can help you recover full compensation for your damages. Navigating the legal complexities of premises liability can be a nightmare for you and your family, but it doesn’t have to be. Our law firm protects victims of premises liability accidents by negotiating fair settlements and protecting their right to compensation.
Contact Quirk today for a free consultation and case evaluation. No upfront money is required for our counsel, and we don’t get paid unless we win your case.