Oakland Premises Liability Lawyer
When you visit someone’s property, the premises should be safe. In fact, the property owner has a legal obligation to maintain his safe premises. Unfortunately, hidden hazards and poorly-maintained property can quickly lead to injury. When this happens, you may have the right to pursue monetary compensation through a civil lawsuit.
When an accident occurs on another person’s premises, our skilled personal injury attorneys can prove to be valuable resources. With the guidance of legal counsel, you may be able to identify the responsible parties in your claim. Additionally, our Oakland premises liability lawyers can help you seek the financial compensation you need to recover from your injuries and other losses.
Defendants in a Premises Liability Case
Most premises liability lawsuits are brought against the owner of the property where an accident occurred. However, it is important to note that there may be other individuals or entities that also may face liability. With the help of our premises liability attorneys in Oakland, a plaintiff may be able to bring a suit against other potentially liable parties, such as those who own, lease, , or control the property in question.
In some cases, there could be multiple parties that may face responsibility for an accident. Generally, property owners cannot waive or delegate their duty to maintain a reasonably safe property. If the property owner delegates this legal obligation to an employee, both the owner and the employee may be liable.
Time Limit to File Suit
The statute of limitations is a deadline that prevents a potential claimant from filing a lawsuit if the lawsuit is brought after a specific amount of time. This time limit differs depending on the type of legal action that a person is pursuing. In general, for premises liability claims, a plaintiff must file his/her claim within two years of the date of the accident.
Should someone file a suit after the deadline expires, the court may likely dismiss the claim and the plaintiff may lose the chance to seek compensation. Our lawyers in Oakland can work to ensure that an individual files his/her premises liability claim before the legal deadline.
Property Liability Claims Against Government Entities
Much like with privately-owned property, a person may have a claim for injuries they suffer on public property as well. However, these claims are subject to different legal standards than those claims concerning injuries occurring on privately owned property.
One major difference is the time limit to file suit. Instead of the standard two-year statute of limitations, a claimant only has six months from the date the injury occurs to first file a government claim form against a city, county, or state government. After the claim form is filed, the claimant can file suit. However, without first filing a government claim form within six months of the date of injury, a claimant can be barred from being able to file suit in a court of law.
Prevailing at trial against a government entity can be more challenging than prevailing against a regular defendant, such as in a case involving injury sustained on privately owned property. In addition to showing the public property contained a dangerous condition, a plaintiff also must establish either: negligent conduct by an employee of the government entity or that the government entity had constructive or actual notice of the hazard. Our Oakland lawyers can help an individual prepare a case if he/she sustained injuries on public property.
Consult an Oakland Premises Liability Attorney
Whether your injury occurred on private or publicly-owned property, you may have a viable claim for monetary compensation. However, the challenges you face in proving your case may vary dramatically, depending on the owner of the property.
To ensure that you comply with all legal requirements, discuss your case with our Oakland premises liability lawyers as soon as possible. Call Mary Alexander & Associates to set up your initial case consultation.