Premises liability law covers cases in which people are injured on someone else’s property in California. Whether you were injured on public or private property, or commercial or residential property, you may be entitled to financial compensation for your injury and related costs. Property owners and managers have legal obligations to maintain safe premises for patrons, tenants, and other visitors. Even if you were injured at a friend’s, relative’s, or neighbor’s home, you should consult with an experienced orange county premises liability lawyer about your legal options.

What is premises liability?

Imagine you visit a grocery store and slip on a slippery floor that was recently waxed. These types of accidents happen every day due to the negligence of property owners who fail to make their premises reasonably safe for visitors. Owners can be held legally responsible for serious injuries that occur on their property, particularly when the injury is caused by a dangerous property condition. This area of law is called premises liability.

According to CACI No. 1001. Basic Duty of Care, a person who owns/leases/occupies/controls property is negligent if he or she fails to use reasonable care to keep the property in a reasonably safe condition. A person who owns/leases/occupies/controls property must use reasonable care to discover any unsafe conditions and to repair, replace or give adequate warning of anything that could be reasonably expected to harm others.

Determining duty of care in your cases.

In bringing a premises liability claim, our experienced orange county premises liability lawyer first seek to establish a duty of care on the part of the property owner. Without this duty, the defense may effectively argue that the owner had no responsibility to the injured party. A relevant duty of care largely depends on the reason why the injured party was on the owner’s property. Under California state law, there are three types of property visitors:

  • Trespassers are individuals who enter a property without the permission of the owner. Property owners have no duty of care to trespassers they do not know are located on their property.
  • Invitees are individuals invited onto the property for a reason that is financially beneficial to the owner, such as customers to a store. These property owners have a reasonable duty to warn invitees of potential dangers and keep them reasonably safe from risky conditions.
  • Licensees are invited onto the property by the owner for non-financial reasons. For example, social visitors to a person’s home are considered licensees. Owners have a duty to fix dangerous conditions or at least warn licensees of their presence.

Examples of premises liability accidents

The following are just a few of the many examples of premises liability accidents that could occur. Each of these cases is complicated, but our Orange County premises liability lawyer have more than 15 years of experience helping clients recover the compensation they need to for medical expenses and other losses associated with the injury.

Suppose you’ve been injured on someone else’s premises and said injuries were avoidable with better care of dwellings or land. In that case, you may get entitled to compensation which Garcia & Phan and all our orange county premises liability lawyer will fight diligently to recover.

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Take a look at common questions

Yes. In most instances, we quickly arrange for a rental car for you so you can get on with your normal activities, and we make sure you get the car you need.  Do you have a case? 

Like any other profession, the quality of legal services varies tremendously from one lawyer to the next. Some top attorneys are barely competent others are outstanding leaders of the legal community. These days, clients can use the internet to obtain information about a prospective lawyer. Internet searches can provide information on the attorney’s experience and trial results. I provide information about my actual results on this website so prospective clients can make the best decisions when hiring a lawyer and feel comfortable that the Garcia & Phan Law Firm has proven experience and results.

NO! Our office policy is straightforward and clear: We Don’t Get Paid Unless You Get Money from the Insurance Company! This means that if we don’t get you some monetary recovery, you will not owe us any fees. It’s as simple as that. No money upfront, and no hourly fees. This policy allows us to aggressively fight for the maximum recovery for you and your loved ones. No matter how long the case takes, we will be there fighting for your rights.

Yes. If you have lost earnings or have lost the ability to earn money in the future as a result of your accident, our trusted attorneys fight aggressively to get all of the money you have lost back for you.