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Law Offices of Fernando Vargas
Law Offices of Fernando Vargas

Premises Liability Trial Lawyer

Premises Liability Trial LawyerCommercial and residential property owners have a duty to keep their property reasonably safe and to warn others about any dangerous conditions that exist on their property. Premises liability cases involve situations in which the property owner has breached that duty of care and allowed a dangerous condition to exist on the property, causing injury to another person. California Premises Liability Attorney Fernando D. Vargas has been successfully handling premises liability cases since 1987.

If you or a loved one has suffered injuries from a premises liability accident, it is important that you choose an attorney who thoroughly understands California’s laws and statutes regarding premises liability claims. California Premises Liability Accident Lawyer Fernando D. Vargas is an experienced trial lawyer who, since 1987, has effectively litigated thousands of personal injury cases including premises liability claims throughout the counties of Los Angeles, Riverside, San Bernardino, and Orange, with an emphasis in the cities of Pomona, Rancho Cucamonga, Claremont, Montclair, Upland, Ontario, Chino, Fontana, Riverside, and San Bernardino. The Law Offices of Fernando D. Vargas, which is located in the city of Rancho Cucamonga, has recovered millions of dollars in personal injury verdicts and settlements for their clients.


Common premises liability claims involve slip / trip and fall accidents

shutterstock_10740037Common premises liability claims Involve slip/trip and fall accidents.

Slip and fall cases refer to accidents where a person slips due to a dangerous condition on someone else’s property and falls, injuring him/herself.

Trip and fall cases refer to accidents where a person trips due to a dangerous condition on someone else’s property and falls, injuring him/herself.

Negligence must be proven in slip and fall as well as trip and fall cases.

It is important to remember that just because you fall and injure yourself on someone else’s property does not mean you have a claim. Falling on someone’s property is not enough. The fall must have been caused by someone else’s negligence.



How do you prove the property owner was negligent?

How do you prove the property owner was negligent?

Under California law, property owners may be liable for the injuries suffered by someone who is on their property. However, in order for a property owner to be legally responsible for the injuries suffered, the victim needs to establish the following:

  • The property owner created the dangerous condition;
  • The property owner had actual knowledge about the dangerous condition; or
  • The property owner should have known about the dangerous condition because through the exercise of due care, a “reasonable” person would have discovered it; and
  • The property owner either failed to remove or repair the condition; or failed to warn about the dangerous condition, provided the warning would have made the condition safe.

When determining whether the property owner was “reasonable,” California law focuses on whether the property owner made regular and thorough efforts to keep his/her property safe and clean. Therefore, your personal injury lawyer will need to determine many issues, including:

  • The cause of the dangerous condition;
  • How long had the dangerous condition had been present before the victim was injured;
  • Whether the property owner had a procedure in place for regularly inspecting the property to determine any unsafe conditions;
  • Whether the property owner has any proof that the property was regularly and thoroughly inspected for any defects or unsafe conditions;
  • The last time the property owner inspected the premises prior to the injury occurred;

Photographs taken of the condition immediately after the victim is injured are critically important as many dangerous conditions are repaired immediately after someone is injured; and the law encourages land owners to repair dangerous conditions. Therefore, though your attorney will help you get the photographic evidence you will need to successfully litigate your case, if you are able, take photographs or video with your cell phone as doing so may provide the key photographic evidence that helps establish the land owner’s negligence.


What are some of the causes of premises liability claims?

What are some of the causes of premises liability claims?

Premises liability claims are often caused by the following:

  • Inadequate lighting
  • Unsafe walkways
  • Unsafe structures
  • Hidden dangerous conditions
  • Wet floors
  • Snow/icy roads/walk ways
  • Slip/trip and fall accidents
  • Inadequate security
  • Falling objects
  • Poor retail store maintenance
  • Elevator or escalator failures
  • Automatic door failures
  • Electrocution
  • Fires
  • Building collapses
  • Explosions
  • Exposure to toxic substances
  • Railroad crossing accidents
  • Construction zone conditions
  • Dog bites

shutterstock_28500799 It is important to photograph the condition that causes the fall immediately after its occurrence.

What about dangerous conditions that are open and obvious?

Property owners have a duty to keep their premises safe and also a duty to warn of dangerous conditions. But what about situations where the dangerous condition is obvious? Dangerous conditions that are “open and obvious” may be a viable defense to a premises liability claim. California courts have held that where a danger is so obvious that a person could reasonably be expected to see it, the condition itself serves as a warning and therefore, the property owner has no duty to warn of the condition. The “open and obvious” dangerous condition is not a defense under all circumstances, especially when the condition cannot be avoided. The courts will balance the duty the property owner has to maintain the safety of the property with the duty to warn. However, the property owner may still have a duty to remedy the dangerous condition. Again, to successfully prove your case, is it vital you choose an attorney who is experienced in handling premises liability claims.

Injuries caused by premises liability accidents.

Premises liability accidents can be catastrophic dramatically affecting the victim’s quality of life, including:

  • Traumatic Brain Injuries
  • Neck/Back injuries
  • Spinal cord injuries
  • Paraplegia and Quadriplegia
  • Paralysis
  • Amputations/Dismemberment
  • Neurological disorders
  • Burns
  • Paralysis
  • Electrocution
  • Chemical burns
  • Loss of vision
  • Respiratory injuries


What is Comparative Negligence / Comparative Fault?

What is Comparative Negligence / Comparative Fault?

In almost every premises liability claim, the property owner will try to blame you for your fall and injuries. Under California law, “comparative negligence” or “comparative fault” will be an issue. Comparative negligence is applied in accident cases to determine the responsibility and damages based on the negligence of every party directly involved, including the party that was injured. This rule of law measures your own reasonableness and negligence in relation to your accident. In determining your negligence, the court will look at issues regarding your own conduct specifically focusing on the following:

  • Where you were going;
  • How you were behaving; 
  • What steps you took to be careful;
  • Whether you were acting reasonably;
  • Whether you were doing anything that distracted you from paying attention such as texting, running, or unaware of obvious dangers.;
  • Whether you could have avoided the dangerous condition;
  • Whether you had a legitimate reason for being in the area of the dangerous condition;
  • Whether you failed to acknowledge adequate warnings about the dangerous condition;
  • Whether an ordinary, reasonable, and careful person would have avoided the dangerous condition.

Under California law, if someone is injured and is partially at fault, that person can still file a personal injury lawsuit and seek damages for his/her injuries. The arguments in favor of and against comparative fault are complicated. Premises Liability Attorney Fernando D. Vargas has been representing injured clients in these matters since 1987 and has the experience to successfully fight for your rights.

Who can be liable for a premises liability accident?

Property owners have a non-delegable duty to exercise due care to keep their property safe. However, liability may also be found in a host of others, including:

  • Commercial/residential landlords
  • Property Management Companies
  • Gardening Companies
  • Business owners
  • Homeowners’ and Condominium Associations
  • Independent contractors
  • Renters of property
  • Builders
  • Architects


Free Consultation!

If you or a loved one has suffered injuries in premises liability accident due to the negligence of another, the Law Offices of Fernando D. Vargas can help. Mr. Vargas has the skill, expertise, and experience necessary to successfully litigate your premises liability accident case.

In addition, attorney Vargas has a team of experts that will work with him to prove your injuries and damages in order to fight the insurance companies and get you the maximum compensation you deserve. During your free consultation, Mr. Vargas will personally discuss the facts of your case, review the details about your injuries, and advise you about your rights.

Since 1987, California Premises Liability Accident Attorney Fernando D. Vargas has successfully litigated thousands of personal injury accident cases including premises liability claims throughout the Inland Empire and the counties of Los Angeles, Riverside, and San Bernardino with an emphasis in the cities of Pomona, Rancho Cucamonga, Claremont, Montclair, Upland, Ontario, Chino, Fontana, Riverside, and San Bernardino.

No Recovery, No Fee!

Premises liability cases can be expensive to litigate. However, the Law Offices of Fernando D. Vargas, which is located in the city of Rancho Cucamonga, takes all of the firm’s personal injury cases on a “contingency fee” basis. This means that you will pay nothing up front and Mr. Vargas will advance all money necessary to prepare your case for either settlement or trial. If Mr. Vargas is unsuccessful in resolving your case, you pay absolutely nothing.The Law Offices of Fernando D. Vargas, which is fully staffed with bi-lingual personnel that are fluent in Spanish, has successfully championed the rights of personal injury victims by wining millions of dollars in verdicts and settlements for their clients since its foundation in 1995.

If you or a loved one has been injured in a premises liability accident, it is vital that you consult with a reputable and experienced California Premises Liability Trial Lawyer. Call the Law Offices of Fernando D. Vargas at 909 / 982-0707 or contact us online to schedule a free consultation. If your injuries prevent you from coming to our Rancho Cucamonga office, we can arrange to visit you at your home or the hospital to ensure the timely investigation of your claim.

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