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Premises Liability

San Francisco Premises Liability Attorney

Injured on Someone Else’s Property in California?

Anyone who owns, occupies, or controls property has a legal responsibility to keep it in a reasonably safe condition. When property owners are negligent in using and maintaining their premises and victims suffer preventable injuries as a result, there may be grounds for a civil lawsuit.

At Bostwick & Peterson, LLP, our San Francisco lawyers represent victims and families in a range of premises liability actions. If you or someone you love has been harmed by unsafe conditions on someone else’s property, we can review your accident and discuss your options for a financial recovery.

Reasons to Choose Bostwick & Peterson

Bostwick & Peterson has earned a reputation as one of California’s premier personal injury and medical malpractice law firms. Led by James S. Bostwick, a member of the invite-only Inner Circle of Advocates, and Erik L. Peterson, our firm has proven that we know how to get results:

  • Over $1 billion in verdicts and settlements for clients.
  • Record recoveries in multiple states (CA, HI, OK, CO, and WA).
  • Set the record for largest medical malpractice verdict or settlement in CA twice since 2018.
  • Attorneys named to The Best Lawyers in America, Super Lawyers, and Inner Circle of Advocates.

We offer FREE case reviews. Contact us to request yours.

What is Premises Liability?

Premises liability is the liability that a person or entity has for injuries which happen on their property because of their negligence. This person or entity may be anyone who owns, leases, occupies, or otherwise controls a property, such as:

  • A landlord or private homeowner
  • A condo or homeowner’s association (HOA)
  • A property management company
  • A building owner or place of business
  • A supermarket, restaurant, or bar

In California, these parties have a legal obligation to exercise reasonable care in the use and maintenance of their premises. If they are negligent in caring for their property and fail to keep it in a reasonably safe condition, it may be possible for victims injured by those unsafe conditions to hold them liable for damages.

Determining whether a property owner is liable for injuries on their land depends on the specific facts surrounding an accident and factors such as:

  • The location of the property and whether it is public or private property.
  • Whether it was reasonably likely that someone would come onto the property
  • The nature of an unsafe condition
  • Whether the landowner knew or should have known about the unsafe condition
  • The likelihood that the unsafe condition would cause injury
  • The difficulty of protecting against injury associated with the unsafe condition

When is a Premises Owner Negligent?

Victims who bring claims against property owners or other parties that occupied or controlled a premises must prove that the defendant was negligent in causing their injuries. Per California Civil Jury Instructions (CACI No. 1000), victims will need to prove that:

  1. The defendant owned, leased, occupied or controlled the premises where the injury occurred;
  2. The defendant was negligent in maintenance or use of the premises;
  3. The plaintiffs was injured; and
  4. The defendant’s negligent care of the property was a substantial cause of injury.

When it comes to premises accidents, negligence can take many forms. Some examples include:

  • Failures to clean up spills that pose slip and fall hazards
  • Uneven, broken, or crumbling floors or carpeting
  • Unsafe conditions on construction sites
  • Broken lights or inadequate lighting
  • Insufficient or inadequate security
  • Lack of fencing around pools or faulty gates, drains, or locks
  • Missing or broken smoke and carbon monoxide testers
  • Failures to fix plumbing or gas leaks
  • Failure to prevent access to unsafe condition
  • Failure to adequately warn guests about unsafe conditions

A skilled attorney from our team can review your accident and discuss the merits of your potential claim if you have been injured on private, commercial, or public property.

Compensation for Premises Accident Victims

Plaintiffs who are successful in their premises liability actions can recover compensation for economic and non-economic damages such as:

  • Pain and suffering
  • Past and future medical expenses
  • Lost income and lost future earnings
  • Disability or disfigurement
  • Loss of enjoyment or quality of life

Because premises accidents can result in brain injuries, spinal cord damage, and other severe injuries, it is not uncommon for victims to face life-altering setbacks and considerable losses. At Bostwick & Peterson, we leverage decades of experience and connections with medical experts to help clients fight for the maximum compensation possible.

Examples of our results:

  • $21 Million verdict or a 56-year-old woman who sustained a mild TBI in a truck accident. This is the largest non-punitive award of its type for an individual in California history as of 2000.
  • $5 Million settlement over the wrongful death of a 14-year-old girl killed in an ATV rollover accident at her bible camp.
  • $5 Million settlement over injuries caused by a swimming pool malfunction.
  • $2.75 Million settlement for the death of a woman in an apartment building staircase collapse.
  • $1.1 Million full homeowner’s insurance policy limits settlement for a 2-year-old who suffered a brain injury after falling into a pool that was not adequately fenced.

Aggressive Advocacy for Victims of Premises Accidents

Bostwick & Peterson has extensive experience litigating high-stakes premises liability cases, and knows who to help victims navigate each step in their journey to justice.

To discuss your options following a premises accident, contact our San Francisco premises liability lawyers fora FREE consultation.

NATIONALLY RECOGNIZED LAW FIRM

  • Inner Circle of Advocates
    Inner Circle of Advocates

    Invitation-only organization of the top 100 plaintiff trial lawyers in the U.S.

  • International Academy of Trial Lawyers
    International Academy of Trial Lawyers

    Former President of the International Academy of Trial Lawyers, limited to the top 500 trial lawyers in the U.S.

  • Super Lawyers 2020
    Super Lawyers 2020

    James S. Bostwick and Erik L. Peterson have been named top-rated medical malpractice attorneys in Northern California.

  • American Board of Trial Advocates
    American Board of Trial Advocates

    Invitation-only group of the nation’s top civil lawyers and judges.

  • American Board of Professional Liability Attorneys
    American Board of Professional Liability Attorneys

    James Bostwick is a nationally certified medical malpractice specialist and founding member.

  • The Best Lawyers in America
    The Best Lawyers in America

    Recognized since its inception in 1983 by this peer-reviewed publication, comprised of the best legal talent in the world.

  • Best Law Firms 2021
    Best Law Firms 2021

    Recognized for professional excellence with impressive ratings from clients and peers.

  • The National Trial Lawyers
    The National Trial Lawyers

    James Bostwick & Erik Peterson are listed in the Top 100 Trial Lawyers.

  • Multi-Million Dollar Advocates
    Multi-Million Dollar Advocates

    An exclusive group limited to less than 1% of U.S. attorneys who have won multi-million dollar results.

  • Lawdragon
    Lawdragon

    James Bostwick is in the Hall of Fame and featured among the Top 500 Leading Plaintiff Consumer Lawyers in America.

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What Sets Bostwick & Peterson, LLP Apart?

  • More Than $1 Billion In Settlements And Verdicts For Our Clients
  • Since January 2018, The Firm Has Twice Broken The California Record For Largest Medical Malpractice Settlements
  • Best Lawyers® Trial Lawyer Of The Year In 2012
  • James Bostwick Is A Nationally Certified Specialist By The American Board Of Professional Liability
  • Included In The List Of "Best Lawyers In America" By U.S. News - Best Lawyers® Since Its Inception In 1983
  • James Bostwick Received The Trial Lawyers "Presidential Award Of Merit"
  • Invite-Only Member Of The Inner Circle of Advocates, Limited To The Nation’s Top 100 Plaintiff Lawyers
  • Record-Setting Verdicts & Settlements In Four States, For Malpractice, Truck, And Auto Accidents
Experienced Trial Lawyers

Put our highly recognized and award-winning attorneys on your side. We will make the difference in your case. 

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