The Law Office of Matthew J. Quinlan helps injury victims in San Francisco. There’s not only a wide range of things that can happen to you, but an accident can happen anywhere at any time. But if your injuries were caused by negligence, you have legal rights. Our team of personal injury lawyers is here to protect your rights, whether you were hurt at a business or anywhere else in the city. Contact us today for a free consultation to learn more.

Do You Even Need a Lawyer?

San Francisco and the Bay Area is one of the most densely-populated and busiest sections of California. There’s no shortage of places to go or things to do, but that can unfortunately also mean you’ll wind up injured in an accident.

Whether you’re at a store, restaurant, or even a relative’s home, there are expectations that the owner or management will keep you safe. Unfortunately, this doesn’t always happen. If you were injured on someone else’s property, like at a store or someone’s house, you might have a claim, especially if your injuries are serious and long-lasting. That’s when you would most need our team of lawyers on your side. We can help you by:

• Investigating what happened
• Explaining your rights
• Gathering crucial evidence
• Determining who is liable for your injuries
• Simplifying the legal process for you
  
  

This is the main point of California’s “premises liability” laws, holding property owners or managers accountable when they don’t do enough to keep you and others safe. While they’ll carry most of the liability, it’s not just on them.

Who’s Liable for a Premises Liability Accident in San Francisco?

In a premises liability claim, it’s important to figure out who is responsible for your injury. This type of claim is like a personal injury case, where negligence decides who should take responsibility. Usually, this means proving:

• The property owner or manager had a duty to make sure the place was safe for people who were invited or allowed to be there.
• They should have known about any dangers, either because they already knew or should have checked for them.
• Their failure directly caused the accident that hurt you.

While the owner or manager of the property carries most of the liability, it can also include individual employees, local government agencies, product manufacturers, and even individual people.

More to the point, a premises liability accident can come up in a variety of different locations and areas in the city, like:

• Grocery and retail stores
• Office buildings
• Amusement parks
• Restaurants and bars
• Private homes
• Apartment complex common areas
• Parking lots, garages, or structures
• Construction sites
• Hotels and resorts
• Rental properties like Airbnbs or Vrbos 
• Event venues
  

There are many places where accidents can happen, and various types of incidents can occur, especially when negligence is a factor. Common accidents involve things like slips, trips, and falls, dog bites, drowning incidents, falling objects, criminal incidents due to inadequate security, fires causing burns, and electrical accidents resulting in shocks or electrocutions. Regardless, though, when negligence is involved, it gives you certain legal options.

What Are Your Legal Options for a Premises Liability Claim in San Francisco?

A premises liability claim is still a personal injury claim, which means that you have the same options as you would a car accident or any other type of accident that leaves you hurt. Mainly, though, you have the option to file an injury claim against whoever is responsible for causing the accident, either outside of court with an insurance claim or inside the court system with a lawsuit.

Both routes involve similar processes with investigations into what happened, evidence being gathered and exchanged, and settlements are demanded and then perhaps offered. If a settlement doesn’t get reached or is a lowball offer, your case might very well go to trial. 

The “damages” that are available to you in the claims process depend on how hurt you are and the extent of your losses. Every case is different, but the following damages are generally available to you:

• Medical expenses
• Ongoing care needs
• Lost wages or earning potential
• Repair/replacement costs for any damaged property
• Pain and suffering
• Emotional distress
• Loss of companionship or enjoyment of life
• Wrongful death expenses, in a fatal accident
• Punitive damages, if the negligence was intentional or reckless
  
  

In California, you typically have two years from the date of the accident to file your claim. Missing this deadline can prevent you from seeking these important damages. But even more important is making sure you have a strong claim.

How Can You Make Sure You Have a Strong Premises Liability Claim?

It can be hard to know how strong of a claim you have in a premises liability accident. Basically, there’s all kinds of different factors that play into it, from who’s ultimately responsible to what actually happened. What you do–or don’t do–after the accident also matters. You have to respond in the right way to protect and strengthen your potential claim, which means doing the following things:

• Seek medical care – Your health should always come first. If you’re injured, seek medical attention immediately. You can call 911 for an ambulance or ask the property staff for first aid assistance.
  
  

• Report the accident – While getting medical help, inform the property owner, manager, or staff about the incident and request a written report. Documentation of the accident, and more importantly how the owner or management responded, will be crucial for supporting your claim.
  
  

• Take photos and videos – Document the accident scene by taking pictures and videos of any hazards and your injuries. Visual evidence is important to strengthen your case.
  
  

• Be careful with statements – Exercise caution when communicating with insurance companies or property owners. You should also keep from discussing the accident with anyone or especially on social media. What you say and do can greatly impact the outcome of your case.

Obviously, taking these steps are easier said than done when you don’t have all the information you need or even know how badly you’re hurt. But the fact remains that you not only need to do these things to protect your claim, but your overall health and safety.

How Hurt Can You Get With a Premises Liability Accident?

In premises liability cases, there are many factors to consider. Property owners may argue they couldn’t foresee every hazard, but that doesn’t keep accidents from happening. Worse, every premises liability accident can leave you facing serious injuries like:

• Broken bones
• Sprains and strains
• Head injuries and concussions
• Back and spinal cord injuries
• Cuts and lacerations
• Bruises and contusions
• Burns
• Electrocution injuries
• Drowning or near-drowning injuries

As with any accident, you could be facing multiple of these injuries. But also, many of these injuries can result in long-term issues. This makes the legal process very important, and our team will be there to support you from start to finish.

Frequently Asked Questions

Can I file a premises liability claim if I’m trespassing?

Generally, yes. However, a property owner’s duty to keep you safe doesn’t apply as fully when you’re somewhere you’re not allowed to be. You can still file an injury claim if negligence is involved, but your damages might be reduced based on California’s “comparative negligence” rule.

Can I file a claim if I’m hurt on private property?

Yes. All property owners in San Francisco, whether public or private, have a legal duty to keep you safe while you’re there.

What’s the difference between a slip and fall and a premises liability claim?

While both are injury claims, a slip and fall is a specific type of premises liability claim. A premises liability claim covers more than slip and falls, including things like drowning, fire injuries, and even criminal incidents like robberies or theft.

Contact MJQ Law for Help After a Premises Liability Accident in San Francisco

At MJQ Law, we understand the difficulties that come with injuries, especially those from premises liability accidents due to negligence. Our skilled San Francisco premises liability team is ready to assist and guide you, no matter what your circumstances are. Contact us today for a free consultation to get the process started.