Maison Law Accident & Injury Lawyers of Fremont helps those that are injured in accidents in Fremont. Accidents can happen in various places and situations, but property owners are responsible for making sure their properties are safe. If they don’t do this, you have legal rights when you get hurt. Our firm can help you understand your rights and support your claim. Contact us today for a free consultation.
Do You Need a Lawyer?
In Fremont, whether you’re out shopping or exploring the city, accidents can lead to injuries that affect your legal options. Minor incidents may not require legal action, but more serious injuries or questions of liability, such as those in premises liability cases, often benefit from legal representation.
Our team is prepared to investigate your case, explain your rights, gather essential evidence, and determine who is liable for your damages. Understanding your rights and the legal process is crucial in seeking fair support for your injuries.
What Do You Need to Do After a Premises Liability Accident?
Whenever you’re in an accident, what you do in the aftermath has a huge impact on your claim. Not only that, but not doing certain things can hurt your claim. So then, it becomes incredibly important to gather information and evidence after the accident happens. The main goal is to strengthen and protect your potential claim. Here’s what you need to do:
- Get help – First, prioritize your health by calling 911 for medical help. Notify someone in charge, like an employee, and ask for first aid.
- Report the accident – While getting medical attention, report the accident to the property owner or staff. Ask for a written report to document what happened.
- Gather evidence and information – Take pictures and videos of the accident scene, showing any hazards and your injuries. This visual evidence is crucial.
- Watch what you say – Be careful about what you say about the accident. Avoid discussing it on social media or with insurance companies until you’ve spoken with our lawyers.
If you were injured due to negligence by a property owner, legal action can help you get financial support for your injuries, even if the accident could have been prevented. Every case is different, so understanding your options is important. But it’s equally important to know what can happen in these accidents and who’s responsible for your injuries.
What is a Premises LIability Accident in Fremont?
With so much to do and see in Fremont, it’s not really surprising that premises liability accidents happen so often. But even with the understanding that these accidents are caused by unsafe conditions, it doesn’t necessarily tell you what kind of accidents are considered “premises liability.”
Most of the time, a premises liability accident involves:
- Slip and falls – Caused by slippery floors, uneven surfaces, poor lighting, or lack of handrails, leading to injuries like fractures or sprains.
- Dog bites or animal attacks – Property owners can be held responsible if their pets attack visitors, causing injuries like bites or other related injuries.
- Drownings – Inadequate safety around pools or ponds can result in drownings or near-drownings, leading to serious injuries or death.
- Stair accidents – Poorly maintained or defective stairs can collapse, causing falls that result in serious injuries like broken bones.
- Injuries from falling objects – Items that are not secured properly or placed in unsafe areas can fall and cause injuries ranging from minor cuts to severe head trauma.
- Negligent security – Lack of security measures such as poor lighting or no surveillance can lead to assaults or robberies, causing physical injuries or emotional trauma.
- Injuries from fires – Absence of fire safety measures, malfunctioning alarms, or improper storage of flammable materials can lead to fires, causing burns or smoke inhalation injuries.
Where the accident occurs is important. In Fremont, accidents can happen anywhere—parking lots, office buildings, theme parks, restaurants, homes, stores, job sites, apartment complexes, and hotels. Since accidents can happen suddenly, it’s vital to act quickly to gather the necessary information you need for your claim.
Who’s Responsible For a Premises Liability Accident in Fremont?
Whether you’re at a friend’s house or attending an event at Fremont Central Park, laws protect you from unsafe conditions. Premises liability law holds property owners or managers accountable for injuries caused by their negligence.
All property owners, whether public or private, are obligated to maintain a safe environment. If they fail in this duty, they can be held responsible for injuries or accidents–this is known as “liability.” However, to prove liability, you must establish negligence by demonstrating:
- The property owner or manager had a duty to ensure safety for visitors.
- They knew or should have known about any hazards through reasonable inspections.
- Their failure directly caused your injury.
While property owners or managers typically bear most liability, responsibility can extend to others involved. In most accidents, this is going to include:
- Individual employees
- Other people
- Homeowners or landlords
- Product manufacturers
- Contractors
- Tenants
- Event organizers
- City, county, or state government
Once negligence is established, you can determine who is at fault and responsible for covering your accident costs. However, liability depends on what actually happened. Still, in order to get damages, you have to file a claim.
What Damages Can You Get in a Fremont Premises Liability Claim?
When you’re hurt in a premises liability accident, it’s very frustrating. Not only could you be looking at lifelong injuries, but your accident was probably preventable in all likelihood. That’s why California law allows you to file an injury claim to recover damages. Generally, you do this by:
- Filing an insurance claim and/or a personal injury lawsuit
Both options aim to recover damages such as:
- Medical expenses, covering hospital bills, surgeries, medications, therapy, and ongoing care.
- Lost wages if your injury prevents you from working, compensating for missed income.
- Pain and suffering, providing financial support for physical discomfort, emotional distress, and reduced quality of life.
- Loss of enjoyment in life, addressing how the injury has impacted your personal relationships and daily activities.
- Property damage reimbursement if your belongings were damaged in the accident.
In California, you must file your claim within two years of the accident date. Missing this deadline means you aren’t able to file a claim or recover damages–no matter how strong your case is.
Frequently Asked Questions
If I’m hurt in an accident outside of business hours at a store, can I file a claim?
Generally, whether or not you’re lawfully on a store’s property plays a big part in your claim options. You can still file an injury claim, but a store or property owner has a much lower responsibility to protect you when you’re trespassing or somewhere you’re not supposed to be.
Is there a difference between a slip and fall and a premises liability claim?
Not really. A slip and fall is a type of premises liability claim. Premises liability is an overarching legal concept that includes other types of accidents, like drownings or dog bites.
If I’m hurt in my apartment, can I file a claim?
Yes, so long as it was caused by your landlord’s negligence. Your landlord has the same legal responsibility as any other property owner in Fremont to keep you safe.
Work With Experienced Fremont Premises Liability Lawyers
At Maison Law Accident & Injury Lawyers of Fremont, we know how difficult it can be to be injured in an accident caused by someone else’s negligence. Our dedicated premises liability lawyers will help you figure out who’s responsible and make sure they are held accountable for your injuries. Contact us today for a free consultation to learn how we can help you.