San Diego Premises Liability Lawyers

A Brief Summary of the Following Article:

• Negligence: The law requires property owners, tenants, or anyone who controls/manages property to maintain safe conditions to prevent accidents and injury. If you’re injured due to someone’s negligence, such as a slip on a wet floor or a trip over an unattended object, or uneven surface, you can seek compensation for your injuries and losses.
• Duty of Care: Property owners, managers, tenants, landlords, and potentially others owe a duty of care to anyone on their property. 
• Compensation: In a premises liability case, you can recover both economic damages (like medical expenses and lost wages) and non-economic damages (such as pain and suffering), with the possibility of punitive damages in cases of particularly egregious negligence.
• Legal Knowledge: Jassim Law, with decades of experience, offers robust legal support for premises liability cases, emphasizing the importance of acting swiftly, especially when dealing with government entities, to ensure all evidence is preserved and timelines are met.

Unsafe road conditions, wet floors, uneven or broken sidewalks, spilled food or beverages, and merchandise left unattended in store aisles are just a few illustrations of hazardous conditions that can potentially result in severe injuries. In public spaces or private property, certain individuals are responsible for ensuring the property’s condition is maintained and safe for use. However, it only takes one person’s negligent behavior to cause a dangerous situation.  

It only takes one person’s negligent behavior to cause a dangerous situation.  If another person’s carelessness causes you debilitating injuries, you have the right to recover compensation for medical treatment, rehabilitation, lost income, emotional harm, and other damages. Attorney Parisima Jassim and Attorney Pajman Jassim of Jassim Law understand how difficult and complicated premises liability claims can be. We provide you with legal advice, and aggressive representation tailored to your needs. Speak with our San Diego premises liability lawyers as soon as possible to start your claim today.

Understanding Duty of Care in a Premise Liability Claim

Duty of care refers to owners, managers, or the person in charge of maintaining the property’s legal obligation to keep those on the premises safe and from harm. California land managers and landowners must provide a suitable environment for those entering the property. However, the level of care they are legally required to provide depends on which of the three categories the individual falls under.

Invitee

An invitee refers to an individual who has been granted the owner’s explicit permission to enter their property and receive the highest level of care on the premises. Examples of invitees include building contractors, grocery store customers, and delivery workers.

Licensee

When an individual has implicit permission to enter a property, such as using a gas station restroom, they are considered a licensee. In such cases, if there are hazardous objects or areas on the premises, the property owner must warn licensees about these potential dangers through signs or verbal warnings.

Trespasser

Trespassers are individuals who enter a property without authorization from the owner. In general, property owners do not owe a duty of care to trespassers, except in the case of children. Even if a child is not supposed to be on the property, a property owner may still be liable for any injuries the child sustains due to an accident.

It is crucial to clearly understand your position and category before filing a premises liability claim. Each accident and case is unique, and a comprehensive understanding of the relevant laws is necessary to recover the best possible outcome for your claim. 

If an accident occurs because of a dangerous condition, the government agency responsible for maintaining the road may be liable, for example the city, municipality, state, or even the United States government. Dealing with government defendants is complicated, particularly since various federal, state, county, and city departments may be involved. At Jassim Law, our San Diego premises liability attorneys have experience going up against these powerful organizations and will provide you with the legal representation you can rely on and trust. 

Why Partner With Jassim Law?

With decades of experience safeguarding the rights of individuals within our community, San Diego premises liability Attorney Pajman Jassim and Attorney Parisima Jassim are dedicated to providing unwavering legal representation to our clients. When you work with our San Diego premises liability lawyers, you gain a team committed to upholding your rights and amplifying your voice. Below are some of the legal services we offer to our clients:

• Answering your case-related legal questions
• Keeping you updated on the status of your case
• Filing all paperwork correctly and on time
• Thoroughly investigating every detail of your case IMMEDIATELY
• Collecting and preserving vital evidence and witness statements
• Negotiating with all parties on your behalf
• Ensuring you receive the best medical care, no matter what health insurance coverage you may or may not have
• Going to the scene and reconstructing how the accident occurred
• Hiring the best experts your case requires
• Advocating aggressively for your rights and interests inside and outside of court
• Supporting you through every step of California’s claims process
• Securing any evidence, surveillance video, photos, and witness statements
• Helping you organize your medical bills and other expenses
• Determining whether additional parties or entities are at fault
• Determining if the negligent party was on the job at the time of the accident

Within a dangerous condition and premise liability claim, individuals must file within certain timelines, depending on their case. While a general personal injury provides people two years from the accident to file a claim, they have six months to a year if the accident involves a government agency. Speak with our San Diego premises liability attorney about the rules and strict timelines you must follow for your claim.

What Damages Can You Recover in a Premises Liability Case?

When pursuing damages in a premises liability case, such as a slip-and-fall, the types of losses you can recover are generally categorized into two main groups: economic damages and non-economic damages. These damages are used to compensate the injured victim for the losses and suffering incurred due to the accident.

Economic damages are quantifiable losses that have a specific monetary value associated with them. These typically include the following:

• Medical Expenses: The expenses related to medical treatments, including hospital stays, doctor visits, physical therapy, medication, and any future medical care related to the injuries suffered from the slip-and-fall.
• Lost Wages: The income lost due to time off work for recovery, as well as the loss of earning capacity if the injuries impact the ability to earn an income in the future.
• Property Damage: If personal property was damaged due to a slip-and-fall, compensation for repairs or replacement can be included.

Non-economic damages are used to compensate for emotional losses that may not be easily quantifiable in monetary terms. They are subjective and cover the following:

• Pain and Suffering: Compensates for the physical pain and emotional distress experienced as a result of the slip-and-fall accident. This includes compensation for ongoing discomfort and chronic pain.
• Emotional Distress: Specifically addresses the psychological impact of the accident, such as emotional trauma, anxiety, depression, and loss of enjoyment of life. It recognizes the mental and emotional toll beyond the physical injuries.
• Loss of Consortium: In cases where injuries affect a relationship between the victim and a spouse or partner, compensation can be sought for loss of companionship, affection, and support.

In rare circumstances, punitive damages may be given to punish the opposing party for especially reckless or malicious misconduct and to deter similar conduct in the future. Punitive damages are not a standard component of premises liability cases but can be significant in cases where the defendant’s actions were egregiously negligent.

Calculating Damages

The calculation of damages in a premises liability case involves documenting all related expenses, assessing the impact of the injuries on the victim’s life, and, in some instances, employing experts to project future costs and needs. Non-economic damages, due to their subjective nature, are often determined by the severity of the injuries, the extent of pain and suffering, and how the injuries affect the individual’s daily life and future.

Contact an Experienced San Diego Premises Liability Lawyer at Jassim Law

If you have been injured due to a potentially dangerous condition owned or controlled by a public agency or a private landowner, you may be able to obtain financial compensation to cover any financial costs and losses you have experienced, but you need to act fast to preserve the claims and evidence.

Jassim Law offers a free case evaluation where we provide answers to your questions and explain your legal options. Our team has over 20 years of experience keeping communities safe by holding negligent parties accountable for their actions. Our premises liability lawyers in San Diego understand you may be unable to meet in person, and we are proud to offer consultations over Zoom video or cell phone. Speak with one of our San Diego personal injury attorneys by calling (619) 630-2680 or completing our contact form today.