When a property owner does not keep their area in reasonably safe condition and someone gets hurt as a result, the injured person can typically file a personal injury lawsuit for damages. This includes accidents at private homes, apartment buildings, and private event spaces.

Here is where a Modesto private property liability lawyer at Curtis Legal Group may be helpful. Our premises liability attorneys could figure out whether the property owner is legally responsible and explain what steps you should take in your specific situation.

State Private Property Liability Laws

Under California Civil Code § 1714(a), property owners are responsible for using reasonable care to prevent foreseeable harm to others. This duty applies whether the property owner is a rental property manager, homeowner, or private landholder. To succeed in a premises liability lawsuit, an injured person must prove that:

  • The defendant owned, occupied, or controlled the property
  • The defendant was negligent in the use or maintenance of the property
  • The plaintiff was injured
  • The defendant’s negligence directly caused the injury
  • Damages were incurred as a result of the injury

Common hazards include uneven walkways, broken stairs, unmarked holes, poor lighting, or dog attacks.

The California Supreme Court has confirmed that property owners owe a general duty of care to all lawful visitors, not just invited guests. This ruling shapes how modern premises liability law is applied in residential and private property cases, as a Modesto lawyer could explain.

What Can Hurt a Private Property Injury Case?

As private property liability attorneys, we have seen injured individuals in Modesto make certain mistakes in their cases, impacting their chances at recovery. Many people delay medical treatment. Unfortunately, insurance companies will often argue that delays suggest the injury is minor or unrelated to the accident.

Failing to gather evidence immediately after the accident also weakens a claim. If possible, take photos of the hazardous condition, get the names of witnesses, and document the scene. Without evidence, proving liability becomes much harder. You should also never give a recorded statement to the property owner’s insurance company without legal advice or representation from an attorney, as it can lead to admissions that are later used against you.

The Legal Process for Private Property Liability Lawsuits

After conducting an investigation, our Modesto private property liability attorneys identify all liable parties, determine the source of the hazard, and collect property records, photos, maintenance logs, and witness statements. Next, we typically send a demand letter to the property owner’s insurance provider, which outlines the injury, medical expenses, and legal basis for liability. If the parties do not reach a settlement, a lawsuit can be filed in the Stanislaus County Superior Court.

Once filed, the case proceeds to discovery, where both sides exchange documents and take depositions. Many cases resolve through mediation or negotiation before trial. If the case goes to court, a jury will decide whether the property owner was negligent and what compensation is appropriate.

Your lawyer’s role is to build a strong case, identify liability, and pursue the full range of available compensation. This includes both economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering. In some cases, legal responsibility may be shared by multiple parties, such as a homeowner and a property management company.

Contact a Private Property Liability Attorney in Modesto

Curtis Legal Group has a proven history of securing compensation for people injured on unsafe private property in Modesto and throughout Stanislaus County. For example, we secured a $300,000 settlement for a premises liability case and have represented clients in cases involving slip and falls, animal attacks, and unkempt properties for decades.

Set up a free case review with a Modesto private property liability lawyer from our firm today to get started.