Irvine Premises Liability Lawyer
Were you injured because of an unsafe condition on someone else’s property in Irvine, California? An Irvine premises liability lawyer at Fielding Law can explain your rights and help you determine whether a property owner or another party may be responsible. Contact us at 833.88.SHARK to schedule a free consultation.
Premises liability cases can involve stores, apartment buildings, restaurants, parking areas, private homes, and public property. Our legal team can investigate what happened and help you understand your options.
Why Choose Fielding Law and an Irvine Personal Injury Lawyer After a Premises Liability Accident?
Fielding Law is a boutique personal injury law firm in Irvine, CA, focused on quality rather than case volume. When an unsafe property condition causes an injury, you may be dealing with medical treatment, missed work, and questions about who is responsible. Our client-focused legal team provides clear and accessible support throughout that process.
Our Irvine premises liability attorneys have 33 years of combined experience and have recovered $98 million for past clients. Past results do not guarantee a similar outcome, but they reflect the care and preparation we bring to our work.
An Irvine personal injury lawyer at our firm will take time to understand your circumstances, answer your questions, and explain the legal process in plain English. We believe injured people deserve compassionate legal guidance and ethical, capable representation without unnecessary pressure. Call to schedule a free consultation today.
What Do I Need to Prove in an Irvine Premises Liability Case?
California premises liability claims are generally based on negligence. California Civil Code § 1714 provides that people are responsible for injuries caused by a lack of ordinary care in the management of their property.
A premises liability claim generally requires evidence that:
- The defendant owned, leased, occupied, or controlled the property.
- The defendant was negligent in the use or maintenance of the property.
- You suffered harm.
- The defendant’s negligence was a substantial factor in causing that harm.
When a dangerous condition causes an injury, California’s civil jury instructions explain that negligence may exist when the condition created an unreasonable risk of harm, the defendant knew or should have known about it, and the defendant failed to repair the condition, protect against it, or provide an adequate warning.
An Irvine personal injury attorney can investigate whether the property owner had actual or constructive notice of the hazard and whether reasonable steps could have prevented the injury.
What Is My Irvine Premises Liability Case Worth?
There is no standard value for a premises liability claim. The amount that may be recovered depends on the circumstances of the accident and how the injuries affect the person’s life.
Factors that may affect the value of a case include:
- The severity of the injuries
- The level of medical care you require now and in the future
- Whether you missed work due to your injuries
- The effect of your injuries on your future earning potential
- The strength of the evidence
- Whether the injured person shares responsibility
- Available insurance coverage
A short-term injury will usually result in different losses than an injury requiring surgery, rehabilitation, or long-term assistance.
What Damages Are Available to Irvine Premises Liability Victims?
A person injured because of another party’s negligence may be able to seek compensatory damages. These damages can address both financial losses and the personal effects of the injury.
Economic damages may include:
- Emergency medical treatment
- Hospital and surgical expenses
- Diagnostic testing
- Physical therapy and rehabilitation
- Prescription medications
- Future medical care
- Lost wages
- Reduced earning capacity
- In-home assistance
- Other injury-related expenses
Bills, medical records, wage statements, receipts, and professional opinions may help establish the value of these losses.
Non-economic damages may include:
- Physical pain and discomfort
- Emotional distress
- Scarring or disfigurement
- Loss of enjoyment of life
- Changes in personal relationships
- Loss of companionship
These losses do not have fixed values. Their worth may depend on the severity and duration of the injuries and how they affect the person’s health, independence, work, and relationships.
Punitive damages may be available in limited cases when the defendant is proven by clear and convincing evidence to have acted with oppression, fraud, or malice. They are not available in every premises liability case.
How Much Does It Cost to Hire an Irvine Premises Liability Lawyer?
Fielding Law handles personal injury cases on a contingency fee basis. Under this arrangement, the attorney’s fee is based on a percentage of the compensation recovered for the client.
Clients do not pay attorney’s fees at the beginning of the case. If the firm does not recover compensation, the client generally does not owe attorney’s fees.
The written fee agreement should explain the percentage charged, how case expenses are handled, and how the final recovery will be distributed. Our attorneys can review these terms and answer your questions during a free consultation.
Can I Recover Compensation if I Am Partly at Fault for an Accident in California?
It is possible because California follows a pure comparative fault system. An injured person may still recover compensation even if their own negligence contributed to the accident, but the damages may be reduced by the percentage of responsibility assigned to them.
For example, if a person is awarded $100,000 in damages but is found 20% responsible for the accident, their total compensation may be reduced by 20% to $80,000.
A property owner or insurer may argue that an injured person:
- Ignored a warning sign
- Was distracted
- Entered a restricted area
- Failed to notice an obvious condition
- Wore unsafe footwear
- Otherwise contributed to the accident
An allegation does not establish fault. Photographs, surveillance footage, witness statements, inspection records, maintenance records, and other evidence may provide a clearer picture of what happened.
Common Premises Liability Injuries in Irvine, CA
Unsafe property conditions can cause injuries ranging from temporary soreness to permanent disability. The type of harm depends on how the accident occurred and the forces involved.
Common premises liability injuries include:
- Traumatic brain injuries and concussions
- Broken bones
- Hip fractures
- Neck and back injuries
- Spinal cord injuries
- Shoulder and knee injuries
- Sprains and torn ligaments
- Deep cuts and lacerations
- Burns
- Nerve damage
- Internal injuries
- Scarring and disfigurement
Some injuries are not obvious immediately after an accident. Headaches, stiffness, numbness, dizziness, or increasing pain may develop later.
Prompt medical attention can protect your health and document your condition. Follow-up care is also important when symptoms continue or change.
How Can an Irvine Premises Liability Lawyer Help?
Premises liability cases often turn on evidence that may be controlled by the property owner or business. Acting promptly can help preserve information before it disappears.
Depending on the case, an attorney may:
- Investigate the accident scene
- Photograph or document the hazardous condition
- Request surveillance video
- Interview witnesses
- Obtain inspection and maintenance records
- Review prior complaints or incident reports
- Identify the parties who controlled the property
- Gather medical records and bills
- Document lost income and other losses
- Consult qualified experts when needed
- Communicate with insurers
- Negotiate a settlement
- File a lawsuit when appropriate
The legal team can also evaluate whether more than one party may share responsibility. Depending on the facts, a property owner, tenant, property manager, maintenance company, contractor, or another entity could be involved.
How Long Do I Have to File a Premises Liability Lawsuit in California?
California generally gives an injured person two years to file a lawsuit for personal injury caused by another person’s wrongful act or neglect. Missing the applicable deadline can prevent the injured person from seeking compensation through the courts.
Different rules and much shorter deadlines can apply when a government entity is responsible for the property. A person may need to present an administrative claim before filing a lawsuit. Because these deadlines can arise quickly, it is important to speak with an attorney as soon as possible.
Contact an Irvine Premises Liability Lawyer for a Free Consultation
An injury caused by unsafe property conditions can create medical expenses, missed work, and uncertainty about what to do next. Understanding the property owner’s duties and the evidence needed to prove a claim can help you make informed decisions.
Contact an Irvine premises liability lawyer at Fielding Law to schedule a free consultation. Our legal team can review what happened, answer your questions, and explain the options available to you.