When you’re injured on someone else’s property in Huntington Beach, recovery is often overwhelming. Medical bills accumulate, lost wages create financial stress, and insurance companies may work to minimize your claim. At DJA Injury Attorneys, we understand the personal and financial impact of premises liability accidents on your life. Founder and principal attorney Jeff Schwalbach offers direct experience representing injury victims, along with insight from his prior work in insurance defense, to help you seek the compensation you deserve.
If you’ve been injured due to unsafe property conditions, contact our Huntington Beach premises liability lawyers today. Call (949) 229-7228 or reach out online. We’re available 24/7 and work on a contingency fee basis, no recovery, no fee.
What Is Premises Liability?
Premises liability refers to the legal responsibility property owners and managers have to maintain safe conditions for visitors when someone enters a property, whether a store, restaurant, apartment complex, or private residence. The property owner owes them a duty of care, which means taking reasonable steps to prevent injuries caused by unsafe or hazardous conditions.
In California, premises liability law distinguishes between different categories of visitors. A “lawful visitor” includes customers, guests, and anyone invited onto the property. Property owners owe lawful visitors a duty to maintain the premises in a reasonably safe condition and to warn them of known hazards. When a property owner fails to meet this duty and someone is injured as a result, the injured party may have grounds for a premises liability claim.
Understanding your rights after a property-related injury is crucial. Many injured victims don’t realize they have legal recourse, while others accept inadequate settlement offers from insurance companies. Our team at DJA Injury Attorneys helps you navigate this complex process and pursue full compensation.
Common Premises Liability Accidents in Huntington Beach
Premises liability accidents take many forms. In our Huntington Beach community, we’ve handled cases involving:
- Slip and Fall Accidents: Wet floors, spilled liquids, inadequate warning signs, or poor maintenance create slip hazards in retail stores, restaurants, and hospitality venues. Slip and fall accidents are among the most common premises liability claims we handle in Huntington Beach.
- Inadequate Security: Property owners have a duty to provide reasonable security measures. Assaults, robberies, or injuries resulting from insufficient lighting, broken locks, or a lack of security personnel may constitute premises liability claims.
- Defective Stairs and Handrails: Broken steps, missing handrails, or poorly maintained stairwells cause serious injuries, particularly in multi-unit residential buildings and commercial properties.
- Unsafe Pool Conditions: Drowning, near-drowning, and chemical injuries at pools and spas often result from inadequate supervision, improper chemical balance, or lack of safety equipment.
- Negligent Property Maintenance: Crumbling concrete, broken fixtures, exposed electrical hazards, or pest infestations can cause injuries when property owners fail to maintain their premises.
- Uneven Surfaces and Trip Hazards: Cracked sidewalks, raised thresholds, debris, or poorly maintained landscaping create trip-and-fall hazards that injure pedestrians and visitors.
Each of these scenarios involves a property owner’s failure to maintain safe conditions or warn of known hazards. If you’ve been injured in any of these situations, we encourage you to discuss your case with our team.
How Property Owners Can Be Held Liable
To establish premises liability, you must demonstrate that the property owner breached their duty of care. This involves several key elements:
- Failure to Maintain Safe Conditions: Property owners must regularly inspect their premises and address hazardous conditions. Under California law, if a dangerous condition existed and the owner knew or should have known about it, they may be liable for injuries resulting from that condition.
- Failure to Warn of Known Hazards: Even if a property owner cannot immediately eliminate a hazard, they have a duty to warn visitors of its existence. A “Wet Floor” sign, for example, can reduce liability by alerting visitors to a slip hazard.
- Failure to Inspect Property Regularly: Routine inspections help identify and address safety issues before they cause injury. Property owners who neglect regular maintenance may be held liable for injuries caused by deteriorating conditions.
- Negligent Hiring or Supervision of Staff: If a property owner hires or retains an employee with a known history of violence or negligence, and that employee injures a visitor, the owner may face liability for negligent hiring or supervision. This is a critical area where personal injury law provides protection to injured visitors.
- Breach of Duty of Care Standard: California law requires property owners to exercise reasonable care in maintaining their premises. What constitutes “reasonable care” depends on the circumstances, but generally means taking steps that a prudent property owner would take to prevent foreseeable injuries.
Insurance companies often challenge these elements, arguing that the property owner took reasonable precautions or that the injured party was partially at fault. This is where experienced legal representation becomes essential.
Proving Your Premises Liability Claim
Successfully proving a premises liability claim requires establishing four critical elements:
- Establishing the Property Owner’s Duty: You must show that the property owner owed you a duty of care. This is typically straightforward if you were a lawful visitor (customer, guest, or invitee) on the property.
- Demonstrating Breach of That Duty: You must prove the property owner failed to maintain safe conditions or warn of known hazards. This might involve showing that the hazardous condition existed for a period of time without being addressed, or that the owner failed to post warning signs.
- Showing Causation and Your Injuries: You must establish a direct link between the property owner’s breach and your injuries. Medical records, photographs of the accident scene, and expert testimony often support this element. Understanding how to prove negligence is essential to your case’s success.
- Gathering Critical Evidence: Photos and videos of the hazardous condition, witness statements, maintenance records, incident reports, and medical documentation all strengthen your claim. Our team at DJA Injury Attorneys handles evidence gathering and preservation from the moment you contact us. We work with medical experts, accident reconstruction specialists, and other professionals to build a compelling case on your behalf. Read more about what evidence you need for a slip and fall claim from our available resources.
Types of Compensation Available
If your premises liability claim succeeds, you may recover several categories of damages:
- Medical Expenses: Past medical bills, emergency room visits, surgeries, physical therapy, and ongoing treatment costs are all recoverable. We also pursue compensation for reasonably anticipated future medical care related to your injury.
- Lost Wages and Lost Earning Capacity: If your injury prevents you from working, you can recover lost income during your recovery period. In cases of permanent disability, you may also recover compensation for reduced earning capacity over your lifetime.
- Pain and Suffering Damages: California law recognizes that injuries cause physical pain, emotional distress, and diminished quality of life. Compensation for pain and suffering is separate from economic damages and often represents a significant portion of your recovery.
- Permanent Disability or Disfigurement: Scarring, permanent loss of function, or chronic pain may entitle you to additional compensation beyond standard pain and suffering damages.
- Emotional Distress: In some cases, particularly those involving assault or traumatic incidents, you may recover damages for emotional distress and psychological harm. We’ve successfully recovered substantial compensation for clients experiencing emotional injuries in premises liability cases.
The total value of your claim depends on the severity of your injuries, the clarity of liability, and the strength of available evidence. Insurance companies often undervalue claims by minimizing injury severity or arguing comparative negligence. Our role is to ensure your claim reflects the true value of your damages.
Why Insurance Companies Undervalue Premises Liability Claims
Insurance adjusters employ several tactics to minimize premises liability settlements:
- Comparative Negligence Arguments: Insurers often argue that you were partially responsible for your injury. California’s comparative negligence doctrine allows defendants to reduce damages based on their percentage of fault. However, insurers frequently overstate your responsibility to justify lower offers. Understanding how comparative negligence affects your recovery is critical to protecting your rights.
- Minimizing Injury Severity: Adjusters may downplay your medical treatment, suggesting your injuries are less serious than documented. They might argue that you delayed seeking treatment or that your symptoms are exaggerated.
- Challenging Foreseeability: Insurers argue that the hazardous condition was not foreseeable or that the property owner took reasonable precautions. They may claim the condition existed for only a brief moment or that no reasonable inspection would have discovered it.
- Lowball Settlement Offers: Initial settlement offers from insurance companies are frequently far below the true value of your claim. Many injured victims, facing medical bills and lost income, accept these inadequate offers without consulting an attorney.
- Delaying Resolution: Some insurers use delay tactics, hoping you’ll become desperate and accept a lower settlement. This is where having an attorney who prepares cases for trial makes a difference, as insurers know we won’t accept unreasonable offers.
At DJA Injury Attorneys, our Huntington Beach personal injury lawyers counter these tactics with aggressive representation. Our founder’s background in insurance defense gives us insight into how insurers evaluate claims and what evidence they find most persuasive. We prepare every case as if it will go to trial, which often motivates insurers to offer fair settlements before trial.
Why Choose DJA Injury Attorneys for Your Premises Liability Case
Insurance Defense Background: Our founder, Jeff Schwalbach, spent years representing insurance companies and property owners in personal injury cases. This insider knowledge of defense tactics and insurance company strategies gives us a significant advantage in negotiating on your behalf. We know what arguments insurers will raise and how to counter them effectively.
- Proven Track Record with Disputed Liability Cases: We’ve successfully resolved complex premises liability cases where liability was initially disputed. In one notable case, we secured a $1.36 million settlement against an international hotel chain after our client slipped on scrambled eggs. The defendant initially denied liability, claiming the area had been inspected minutes earlier. Through diligent discovery and depositions, we demonstrated the property owner’s negligence and obtained a substantial settlement 50 days before trial. This case exemplifies our ability to handle disputed liability cases effectively.
- 24/7 Availability and Personal Attention: You work with Jeff Schwalbach directly, not junior associates or paralegals. We’re available around the clock because we understand that injuries don’t follow business hours. When you need guidance or have questions, you reach our principal attorney.
- Contingency Fee Basis: We don’t charge upfront fees. You pay nothing unless we recover compensation for you. This aligns our interests with yours, as we succeed only when you succeed.
- Free Consultation: Contact us to discuss your case at no cost. We’ll evaluate your claim, explain your options, and answer your questions about the legal process.
- Super Lawyers Rising Star Recognition: Jeff Schwalbach has been recognized as a Super Lawyers Rising Star from 2019 to 2024, placing him in the top 2.5% of attorneys in California. This recognition reflects peer evaluation of professional achievement and ethical standards.
Frequently Asked Questions About Premises Liability
What is the statute of limitations for premises liability claims in California?
In California, you generally have two years from the date of your injury to file a premises liability lawsuit. This deadline is critical, as if you miss it, you lose your right to pursue compensation. However, certain circumstances may extend or shorten this timeline. For example, if you were a minor at the time of injury, the statute of limitations may be extended. We recommend contacting an attorney as soon as possible after your injury to ensure your claim is filed timely.
Can I recover damages if I was partially at fault?
Yes. California follows a “pure comparative negligence” doctrine, which means you can recover damages even if you were partially responsible for your injury. However, your recovery is reduced by your percentage of fault. For example, if you were 20% at fault and your total damages are $100,000, you would recover $80,000. Insurance companies often exaggerate your percentage of fault to reduce their liability. Our job is to minimize your assigned fault and maximize your recovery.
Do I need to report the accident immediately to the property owner?
While not legally required, reporting the accident to the property owner or manager as soon as possible is advisable. This creates a documented record of the incident and may help preserve evidence. However, be cautious about what you say, as you should avoid admitting fault or minimizing your injuries. If you’re injured and unable to report immediately, do so as soon as you’re able. We can guide you through this process and help ensure your report is documented properly.
How long does a premises liability case typically take?
The timeline varies depending on case complexity, injury severity, and whether the case settles or goes to trial. Simple cases with clear liability may settle within 6-12 months. More complex cases involving disputed liability or serious injuries may take 1-3 years or longer. Our approach is to move cases forward efficiently while ensuring we gather all necessary evidence and expert opinions to maximize your recovery. We won’t rush to settle for inadequate offers, but we also won’t unnecessarily delay resolution.
Contact DJA Injury Attorneys Today
If you’ve been injured on someone else’s property in Huntington Beach or throughout Southern California, don’t navigate the claims process alone. Insurance companies have teams of adjusters and attorneys working to minimize your recovery. You deserve representation that fights for your interests.
Call our Huntington Beach personal injury attorneys at (949) 229-7228 for a free consultation. We’re available 24/7 to discuss your case, answer your questions, and explain your legal options. You can also reach out through our online contact form or visit us at our Huntington Beach office.
At DJA Injury Attorneys, we work on a contingency fee basis, so you pay nothing unless we recover compensation for you. Let us put our experience, insider knowledge, and proven track record to work for your recovery.