Experienced Premises Liability Attorney In Walnut Creek
If you are injured on someone else’s property, such as in a store, public park, construction site or while on private property, you may be able to seek compensation under premises liability laws. Attorney Scott Sumner of Sumner Law, in Walnut Creek, California, fights for clients who are harmed due to negligent behavior by owners or tenants who allow unsafe conditions to exist on their property. After careful analysis of your case, we will let you know what type of damages you are entitled to and work with you to develop the best case strategy.
Partnering with us ensures you have the best chance at maximizing your compensation so that you can fully recover from your injuries.
At Sumner Law, we are exceptionally skilled in helping clients who are up against insurers and corporations. With over two decades of experience battling for clients who were injured on someone else’s property, attorney Scott Sumner is highly recognized for his skill at winning cases and bringing Contra Costa County residents and other Californians millions of dollars in awards.
Types Of Premises Liability Cases
Property owners have a legal responsibility to keep their property safe and free from dangerous conditions, such as cracked and uneven walkways, hidden defects, unreasonably slippery surfaces or floor coverings, and other hazards. Owners must either fix these problems promptly or mark or post warning signs at known problem areas until they can be repaired.
The goal is to keep passersby and others who visit the property safe from trips, falls or being otherwise injured by these hazards. While any number of issues can cause or contribute to a premises liability injury, these are among the most common types of cases:
- Failing to keep floors and walkways free from spills and other obstructions. Accumulation of ice or spilled liquids creates hazardous and slippery walkways, making a slip and fall likely.
- Failing to make a known danger known to visitors. Property owners have a duty to alert those on the property of any known hazard, such as an open space, a pothole or an uneven surface.
- Failing to keep the property safe. Property owners are required to inspect their property regularly and keep it safe. This includes proper storage of dangerous substances and chemicals and keeping sharp objects properly contained. Protruding nails, sophisticated machinery and other dangerous objects should be secured and out of reach, with appropriate warnings about their existence on the property.
Individuals should be able to shop, play, exercise, and visit public and private spaces without danger of personal injury due to neglect of that property. Scott Sumner is an honest personal injury attorney who cares about you, your family and your future. Do not speak with insurance agents or others about your injuries. Call Scott Sumner first and benefit from his talents, experience and impressive record of winning cases.
Injuries in premises liability cases can be devastating. Victims are entitled to reimbursement of expenses incurred for the damage done. We can help maximize your recovery.
Types Of Injuries From California Premises Liability Cases
The harm suffered in personal injury cases can vary depending on the severity of the accident. In a premises liability case, it is common for victims to sustain the following types of injuries:
- Broken bones
- Sprains and bruises
- Traumatic brain injury
- Pulled muscles
- Deep cuts and abrasions
- Spinal cord injury
- Severe piercing of the skin into internal organs
- Death
If you or a loved one has suffered an injury while on someone else’s property, whether caused by a fall at a construction site, a dog bite, a slip and fall, inhalation of hazardous chemicals or substances or any other injury, we can help. Many premises liability injuries are serious, affecting the head, neck, back or spine. Medical costs can run very high, and in some cases, people may have suffered a wrongful death due to injuries related to neglectful care of property.
Proving Negligence To Win
In order to recover in a premises liability case, you must establish that the property owner was negligent. To do this, you will need to show that the owner owed you a duty of care and that duty was breached. You will also have to prove that your injuries were directly caused by the breach of duty and that you have suffered harm. We do this for you by investigating the scene, gathering the facts and evidence, and presenting your best possible case.
Our first step is to meet with you and obtain a detailed report of what happened and then discuss your options so you can make an informed decision about how to proceed. Once we establish fault, we then demand full compensation for your injuries. This includes seeking damages for lost wages, all medical expenses, and pain and suffering, and in the event of a fatality, we seek the costs of a funeral and other final arrangements.
Why Work With Scott Sumner?
Scott Sumner serves individuals living in central and Northern California and in the greater San Francisco Bay Area. A strong advocate for his clients, Scott has fought hard against insurers and corporations that want to minimize compensation and deny liability. Scott is widely recognized for his skill and winning record and is honored by peers as one of the Top 100 Personal Injury Lawyers in Northern California. He has successfully helped clients recover millions of dollars following serious injuries or who have lost a loved one due to the neglect of property conditions.
Frequently Asked Questions
If a dangerous property condition has caused you harm, you might be questioning who is liable, the potential value of your claim and the timeframe for pursuing legal action. Knowing your rights can significantly impact your future decisions.
What kind of damages can I recover in a California premises liability claim?
In a California premises liability claim, you can seek compensation for both economic and noneconomic damages. Economic damages may include medical expenses (current and future), lost income and out-of-pocket expenses related to the injury.
Noneconomic damages may include emotional distress, pain and suffering, and loss of enjoyment of life. The state does not cap noneconomic damages in standard premises liability cases.
Is there a deadline for filing a premises liability lawsuit in California?
There is a two-year statute of limitations to file a premises liability lawsuit in California for personal injury claims. If the claim involves property damage only, the time limit is three years. However, certain circumstances can change the deadline. For instance, the injured person might be a minor, or they might not have discovered the injury immediately. Because missed deadlines can bar recovery entirely, early legal intervention is vital.
What if I were injured on a public sidewalk or government property in the Bay Area?
Claims against cities, counties, transit agencies or other public entities in California require you to file an “administrative government claim” first, often within six months of the injury. Only after your claim gets denied or ignored can you proceed with a lawsuit.
Government liability also depends on whether the public entity had notice of the dangerous condition and whether it had a reasonable opportunity to fix it. These cases can be complex because they involve special procedural rules and immunity defenses.
How long does a property owner have to clean up a hazard before they are liable?
A property owner in California does not get a fixed amount of time to clean up a hazard before becoming liable. Instead, the legal issue is whether the owner knew or should have known about the dangerous condition and failed to fix it within a reasonable time under the circumstances.
What counts as “reasonable” depends on several factors, such as the type of hazard, how obvious it was, how long it existed, and whether the owner had a chance to see it and address it. For example, a spilled juice in a grocery aisle may require urgent cleanup, while a structural defect may involve a longer but still reasonable timeframe to investigate and repair.
Contact Sumner Law Today
If you have been involved in an accident and suffered injuries, contact us online to schedule an appointment or learn more about how we can help. You can also call our office at 925-464-1593 for information. With over 25 years of experience, Scott Sumner is a premises liability attorney serving clients in Walnut Creek, Concord, San Ramon, Berkeley and Oakland. Your first consultation is free. Let us take the burden of seeking damages off of you, so you can focus on your quality of life. Call Sumner Law today.