Modesto Commercial Property Liability Lawyer

People injured on commercial properties may be able to pursue compensation under premises liability law. However, you will need to prove negligence, gather evidence, and have a skilled premises liability attorney to represent you. While falls are the leading cause of preventable injuries in public places, many other accidents can also result in costly injuries.

A Modesto commercial property liability lawyer from Curtis Legal Group could help determine whether the property owner breached a legal duty that resulted in negligence and the cause of your injury.

Understanding Business Property Liability Laws

Under California Civil Code § 1714(a), each party is responsible for injuries caused by a lack of ordinary care in the management of their property. For commercial property owners and tenants, ordinary care means maintaining reasonably safe premises for customers, clients, and lawful visitors.

To succeed in a business property liability claim in Modesto, the injured person must prove all of the following:

• The defendant owned, leased, or controlled the property
• The defendant was negligent in the maintenance of the property
• The plaintiff was harmed
• The defendant’s negligence was a substantial factor in causing the harm
• The plaintiff incurred losses as a result

The duty of care required of commercial property owners or tenants includes identifying and correcting known hazards, regularly inspecting the premises, and posting clear warnings when necessary. Businesses can be held liable for injuries caused by hazards they knew or should have known about with reasonable inspection.

Mistakes To Avoid After an Injury on a Commercial Property

One of the most common mistakes we see from clients through our experience in Modesto as attorneys in business premises liability is failing to document the scene. If possible, you should take photos of the hazard, obtain contact information from potential witnesses, and file an incident report with the property manager.

Delays in seeking medical treatment can also hinder the development of a case. Insurance companies often argue that any gap in care means the injury was either not severe enough or not caused by the property. Additionally, making statements without legal representation to the business’s insurance company can result in reduced compensation or a complete denial of the claim.

Finally, some people wait too long to file their lawsuits. The statute of limitations for personal injury lawsuits is two years, as specified in California Code of Civil Procedure § 335.1.

How Do You Navigate Liability Claims Involving Businesses?

The first step for a lawyer in a liability lawsuit involving commercial property in Modesto is the investigation. Your attorney may gather various types of evidence, including:

• Photographs
• Incident reports
• Maintenance logs
• Witness statements
• Surveillance footage

Property records and lease agreements also help determine who is legally responsible for the property.

Your lawyer will then gather evidence that could prove damages for compensation from insurance companies. This search can include medical records, expert medical opinions, records of missed work, and other relevant documentation.

Suppose you clear the evidentiary hurdle of proving liability and damages. In that case, the next step is to send a demand letter to the property owner’s insurance provider. If negotiations fail, the case proceeds to litigation. In Stanislaus County Superior Court, a formal complaint initiates the lawsuit. Your attorney could oversee the complicated litigation process, protecting your rights every step of the way.

Speak With a Business Property Liability Lawyer in Modesto Today

Ralph S. Curtis, Curtis Legal Group’s Vice-President and Senior Director, has practiced law for over 40 years and holds an AV Preeminent Rating from Martindale-Hubbell. Our firm’s case history includes substantial premises liability settlements, including slip-and-fall and trip-and-fall injuries at commercial locations throughout the state.

We regularly take on cases against businesses regarding injuries at commercial establishments. Contact us to schedule a complimentary legal consultation with a Modesto commercial property liability lawyer from our firm today.