Orange County Premises Liability Lawyer

Our attorneys have been assisting the Orange County and Southern California communities for over 40 years.

Request free consultation

Orange County Premises Liability Lawyer

Request free consultation

If you’ve been injured due to dangerous or negligent conditions on someone else’s property or a government agency’s property, we’re here to help. Our firm will ensure you receive the full and timely medical care you’re entitled to under California law, and we won’t charge any fees unless we win your premises liability case. At the heart of premises liability law is the fundamental right to be protected from unsafe land, building, or property conditions.

Since 1979, the Orange County premises liability attorneys of DiMarco | Araujo | Montevideo have fought for injury victims so that their rights would be protected.

Why Choose Our Law Firm?

You only get one chance to present your case and protect your rights. That’s why it’s crucial to work with experienced premises liability lawyers who have a proven track record, strong ethics, and the knowledge to maximize your compensation. Premises liability cases can be complex, but our team has the expertise to navigate them and ensure you receive justice.

At our firm, we treat each client like family. We’ll come to you to discuss your case and offer weekend and evening appointments for your convenience. With decades of experience handling insurance companies, we know how to protect you from their tactics.

If you’ve been injured on someone else’s property, do not provide a recorded statement to the at-fault party’s insurer before consulting us. Let our hard-working legal team guide you through the process and fight to secure the compensation you deserve.

orange county premises liability lawyer

How to File a Premises Lawsuit Claim

It is important for you to be fully educated and for you to know the merits of your case being filing any premises liability claims. We offer free consultations, even to those who are looking to proceed with a premises case on their own. We will discuss the many complexes, crucial and costly steps needed to properly prepare and present your case.

Our firm will be here to handle your case at any time as we can take all of the stress, hassle, and paperwork of a trial off of your hands. You will be getting top-notch service. In addition, you will benefit from being represented by lawyers who have been conducting premises liability cases for over thirty years and who have a complete team of staff and fellow attorneys to back them up.

Call us any time at (714) 783-2205 to discuss your case and schedule your free initial consultation with a trusted Orange County personal injury lawyer. We are available to meet you at your home or hospital room if you cannot come to us and we are willing to meet on the weekends and in the evening by appointment.

What Counts as Premises Liability?

Premises liability cases involve injuries caused by negligent property owners, landowners, maintenance crews, management companies, or occupants. While often slip and fall accidents, they can include various other injuries, such as those involving heavy equipment or tools on public or private property.

Property owners must keep their premises free from hazards, such as uneven sidewalks, missing railings, wet floors, spills, torn carpets, or unmarked emergency exits. If you were injured due to one of these conditions or something similar, contact an Orange County premises liability lawyer immediately.

The Law Protects Everyone, Not Just Those Who Were Invited On The Premises

California used to state that premises liability only counted when the injured person was invited onto the property. That has changed ever since the 1960s when California and other states broadly opened this definition to include those who were not invited. This includes customers, trespassers, and even burglars and criminals.

Common Premises Liability Injuries

The attorneys at DiMarco | Araujo | Montevideo have a successful track record of winning premises liability cases. We understand that if someone’s property is not responsibly and dutifully maintained, serious injuries can and will occur. Some of the most common serious and catastrophic injuries are:

During our 30+ years of helping people recover from an injury on someone else’s property, we have seen every type of injury that is the fault of a land or business owner. This includes incidents such as:

  • Retail shop injuries (i.e. a product falling)
  • Dog bites
  • Pool accidents
  • Uneven sidewalk or pavement
  • Staircase falls (unsteady staircases, broken stairs, stairs that aren’t uniform height or depth)
  • Elevator and escalator injuries
  • Amusement park injuries
  • Construction site accidents
  • Inadequate security

Government Liability

Every entity of the government has a duty to provide its citizens with safe places to walk, run, work, drive, and be. This includes cities, counties, the State of California, CalTrans, and all other government agencies. They should be fixing sidewalks that are uneven due to tree roots, clearing roadways of fallen power lines and trees, sweeping or mopping up spills, keeping their buildings up to code and safe, and generally doing all they can to prevent slips, trips, and falls.

Our Orange County government liability lawyers are very experienced with taking on the government and our track record proves that we have been very successful during those cases.

What Kinds of Damages Can I Recover?

Premises liability victims in Orange County are often able to recover various types of compensation for their losses. Our premises liability lawyers have a track record of success in securing both economic and non-economic compensation for our clients.

  • Economic damages. This refers to the types of damages that are relatively easy to calculate by gathering medical bills, receipts, and proof of lost wages. Typically, this will include compensation for:
    • All medical bills the victim incurs
    • Lost income if the victim cannot work
    • Any out-of-pocket expenses caused by the incident
  • Non-economic damages. This refers to the types of damages that are a bit harder to calculate after a person sustains an injury. This includes what is commonly referred to as “pain and suffering” losses, such as:
    • Physical pain and suffering
    • Mental and emotional anguish
    • Scarring and disfigurement
    • Loss of personal enjoyment damages
    • Loss of consortium for a spouse

Calculating the total economic and non-economic damages can be challenging. Whereas economic damages have medical bills and receipts that can be used to obtain a total, non-economic damages are not as easily calculable.

Often, an attorney will use a “multiplier method” to properly calculate pain and suffering damages. This means that they will add up all of the economic damages and then multiply that number by a number ranging from 1.5 to 5. When they get the non-economic compensation amount, they will add that to the economic compensation amount to reach the total that the injury victim should receive.

What Is the Average Settlement in a Premises Liability Case?

The total amount of compensation that a premises liability injury victim receives will vary depending on the circumstances related to each particular situation. The total settlement will depend heavily on how severe the victim’s injuries are. Typically, the more severe the injury, the higher the settlement will be. Additionally, an attorney will look at things like lost income and the level of pain and suffering when working to determine how much money their client should receive.

How Is Fault Determined in a Premises Liability Accident?

Determining fault in a premises liability case can be challenging. Typically, insurance carriers or a jury will need to see evidence before they decide to award compensation to an injury victim. There are various types of evidence that can be used to determine fault in these cases, including:

  • Photographs were taken at the scene of the incident that shows any hazards or causes of the accident.
  • Surveillance from video cameras that may have seen the incident.
  • Statements from eyewitnesses to the premises liability incident.
  • Safety records of the property owner.

Additionally, it may be necessary for an attorney to hire an accident reconstruction expert who can use the evidence already gathered combined with their expertise of how accidents occur to show insurance carriers or a jury what happened and how it happened.

We also need to point out that California operates under a “pure comparative negligence” system. This means that more than one party could share fault for the incident. However, an injury victim in a premises liability case can still recover compensation even if they are partially responsible for the incident. The total amount of compensation they receive will be reduced based on their percentage of fault.

Will My Case Settle or Go to Trial?

The fastest way to recover compensation in a premises liability case is often through a settlement with the insurance carrier, such as a homeowner’s or commercial property insurer. However, it’s crucial to ensure the settlement fully covers your expenses. If the insurance company denies your claim or offers an unfair settlement, filing a civil personal injury lawsuit may be necessary.

A lawsuit moves the case to court and begins the discovery process, where both sides exchange evidence and question witnesses through depositions. While this process can take time, negotiations often continue throughout. If a fair settlement cannot be reached, going to trial may be the only way to secure the compensation you deserve. Work closely with your attorney to determine the best approach for your case.

schedule a free consultation

How Long Do You Have to File a Claim?

Premises liability victims in Orange County must be aware of critical deadlines for filing claims. Insurance carriers, such as those for homeowners, commercial properties, or government entities, have their own reporting deadlines that must be met to avoid delays or denials.

California’s statute of limitations for personal injury cases, including premises liability, is two years from the incident date. Claims against government entities have an even shorter deadline of six months.

To ensure your claim is filed correctly and on time, work with an experienced premises liability attorney. They can handle insurance negotiations, meet all deadlines, and file a lawsuit in civil court if necessary.

How Much Does a Premises Liability Attorney Cost?

The good news is that paying for a premises liability attorney does not have to cost you anything upfront or out-of-pocket. Our team handles Orange County premises liability claims on a contingency fee basis. This means that our clients will pay no legal fees until we recover the compensation they are entitled to. In fact, if we do not win the case, our clients pay nothing. That is our guarantee, and we think that this arrangement allows anybody, regardless of their current financial circumstance, to hold at-fault parties accountable.

Contact Our Orange County Premises Liability Lawyer

Our Orange County work injury attorneys at DiMarco | Araujo | Montevideo is available to meet at our Orange County office, your home, or hospital room Monday – Friday 8:30 am to 5:30 pm. Our attorneys and staff are also available all other times, including evenings, Saturday and Sunday, by appointment. Let our team help you and your family during this difficult time. Contact us online and schedule your free consultation.

Request Free Consultation

  • *required fields