Ontario Premises Liability Lawyer
If you suffer an injury while on someone else’s property in Ontario, California, you may be able to file a premises liability claim against the property owner in pursuit of financial justice. Holding a property owner responsible for failing to maintain a safe premises could help you achieve the financial recovery that enables you to move forward.
The premises liability attorneys at Rose, Klein & Marias, LLP are dedicated to helping victims pursue maximum financial compensation for their injuries and losses associated with dangerous properties. Contact us today to request a free case review.
Why Choose Us?
- We have the experience, knowledge and track record of success you are looking for. Our law firm has been representing premises liability clients in California since 1936.
- Our premises liability case results include over $1 billion for victims exposed to asbestos on various properties and a $13,225,000 premises liability settlement for mudslide victims.
- There is never a fee for our services unless we win the case; our premises liability lawyers operate on a contingency fee basis, meaning we charge $0 upfront.
How a Premises Liability Lawyer Can Help
Hiring a law firm to represent you during a premises liability claim in Ontario can give you access to the resources necessary for a comprehensive investigation and evidence collection. Your attorney can hire qualified experts and take other steps to hold one or more parties accountable for your injuries or the death of a loved one. You can trust your Ontario injury lawyer to fight for justice and maximum compensation on your behalf while you focus on healing.
Determining Liability in a Premises Liability Case
The doctrine of premises liability states that when a dangerous condition on someone’s property results in injury or harm to a lawful visitor, the owner or controller of the property can be held liable – meaning legally and financially responsible – for the victim’s related losses.
The following elements must be proven to establish liability in a premises liability case:
- The accused party (defendant) is the owner or controller of the property.
- The defendant owed a duty of care to the victim.
- The property contained a hazard or dangerous condition.
- The defendant knew or reasonably should have known about the defect but did nothing to remedy it.
- The property hazard or defect caused the victim’s (plaintiff’s) injuries and related losses.
In general, the evidence presented by the plaintiff must show the presence of a foreseeable risk of harm on a property in Ontario and negligence by the landowner or occupier. Negligence refers to a duty of care that is breached by the defendant, including the duty imposed on all property owners to maintain safe premises for lawful visitors.
Types of Property Visitors and the Duties of Care Owed to Each
A property owner in California is subject to different responsibilities based on the classification of a visitor. It is important to understand your classification after being injured on someone else’s property to determine the duties of care that were lawfully owed to you.
There are three types of property visitors:
- Invitee: someone who has the property owner’s permission to enter and does so for the owner’s benefit, such as customers at a business.
- Licensee: someone who has permission or legal authorization to enter a property but does so for his or her own reasons, such as a social guest.
- Trespasser: someone who does not have permission or authority to enter or remain on a property.
Property owners owe the highest duties of care to invitees; they must inspect the premises, repair any discovered hazards and warn of potential risks. Property owners owe the same standards to licensees, except they do not have to inspect a property for potential hazards. No duties of care are owed to trespassers in California, with the exception of child trespassers.
Potential Liable Parties
Property owners are the primary parties named as defendants in premises liability cases in California. However, several other parties could also face liability, depending on the circumstances.
Possibilities include:
- A residential or commercial property owner
- A store or business
- An employer or employee
- A property manager or management company
- A tenant (on rented property)
- A general contractor
- A maintenance company
- A government entity
An attorney from Rose, Klein & Marias, LLP can investigate your accident to name all liable parties in your specific case. We will explore all possible sources of financial compensation to help you achieve top results.
Time Limits for Filing a Claim
Premises liability claims in California must be filed before the state’s statute of limitations expires. The statute of limitations is a law that imposes a strict deadline on an injured party’s right to file a civil claim. In California, the statute of limitations is found in the Code of Civil Procedure § 335.1.
This law states:
- CHAPTER 3. The Time of Commencing Actions Other Than for the Recovery of Real Property [335 – 349.4]
- 335.1.
Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.
Under this law, most premises accident victims in California have no more than two years to file a claim. However, if you did not notice your injury or illness right away, the clock won’t start ticking until the date of reasonable discovery. Other exceptions could also shorten or extend your deadline, making it important to speak to an attorney without delay.
Common Types of Premises Liability Cases We Cover
Rose, Klein & Marias, LLP has been helping clients recover and move forward from premises liability accidents for many years.
We accept all of the following types of premises liability cases, among others:
- Slip and fall accidents
- Store or restaurant accidents
- Dog bite injuries
- Swimming pool accidents
- Injuries to children
- Construction site accidents
- Workplace injuries
- Elevator and escalator accidents
- Asbestos exposure
- Toxic exposure
- Negligent security
- Electrical hazard incidents
- Hotel and motel accidents
- Airbnb accidents
- Fires and floods
If you were injured in any type of incident while on another person’s property in Ontario, contact us to discuss a potential premises liability claim.
Speak to an Ontario Premises Liability Lawyer for Free Today
You have legal rights as a lawful visitor to a business, residence or public place. If you were injured due to the negligence of a property owner or controller in Ontario, you may be entitled to financial compensation for your medical bills, lost wages, pain and suffering, and more.
Discuss a potential premises liability claim with a knowledgeable and compassionate attorney at Rose, Klein & Marias, LLP today for more information. We offer free initial case consultations. Call us at (800) 362-7427 or contact us online anytime and we will respond as soon as possible.