How Martin Rose Made a Full Recovery – and Earned a $110,000.00 Settlement – with Help from Silva Injury Law

How Helen G. Earned a $600K Trip & Fall Settlement with Help from Silva Injury Law

​Modesto Premises Liability Lawyer

When someone else opens their property to you in Modesto, they owe you specific duties. While they do not become an absolute guarantor of your safety under all circumstances, they must also act in a certain way to keep you safe. Specifically, the property owner has the duty of care to act reasonably under the circumstances.

While it might seem obvious that negligent property owners should pay for your injuries, obtaining compensation is an uphill battle. While you focus on your medical treatment, allow a Modesto premises liability attorney from Silva Injury Law handle the legal process.

We have successfully handled many premises cases, including obtaining $600,000 for a grandmother who fractured multiple bones when she tripped and fell in a drugstore due to a broken tile. Our legal team knows how to pursue maximum compensation, and we never back down for the rights of our clients.

Consult with Silva Injury Law today to discuss a possible case for free.

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Table of Contents

You Can Suffer a Premises Liability Injury Anywhere and Anytime

Every day you leave your home, you may be on the property of another. A public sidewalk is a premise even if you never enter a store or building. When you have legal permission to be on someone else’s property, they cannot do whatever they want. Instead, they must perform specific actions to keep you safe and alert you to possible dangers. You can hold them legally responsible if they do not do what is reasonable to protect you from danger.

It does not matter what kind of property they own. The duty to maintain safe premises applies the same to apartment building owners as to Safeway or Mall De Modesto. If they violate these duties, they are negligent under the law and you can file a premises liability claim or lawsuit to get the financial compensation necessary to pay for all the harm that you have suffered.

Premises liability lawsuits can encompass a diverse range of circumstances. Many people think of premises liability cases as slip and fall accidents. While these are typical examples of a premises liability injury, they are far from the only instance in which you can suffer harm on the property of another.

Common Types of Premises Liability Injuries

Here are other types of examples of premises liability claims:

  • You suffered an injury in a physical attack when the property owner ignored known dangers in failing to keep you safe.
  • You were involved in an elevator or escalator accident after the property owner failed to inspect and maintain the lifts properly.
  • You or a loved one suffered an injury in a swimming pool accident when the property owner failed to provide the proper supervision.
  • You suffered an injury in a crash in a building parking lot when there was debris that blocked the road.
  • You were bitten by a dog on someone else’s property when you had a legal right to be there.

The premises liability attorneys of Silva Injury Law can evaluate your situation and advise whether you have a case.

The Law of Negligence Applies to Premises Liability Cases

Although there are different rules for some of these individual premises liability cases, the overarching general rule is the same. In premises liability cases, unless the owner caused the dangerous condition themselves (then they will be automatically liable in a claim or lawsuit), they will be liable when you knew or should have known of the danger and did nothing to protect you.

You can win a premises liability case when you can prove negligence. What negligence means can depend on the individual case. The lawyers at Silva Injury Law will closely examine what the property owner did and compare it to what they should have done under the circumstances.

You Must Prove Wrongdoing to Win Your Premises Liability Case

The property owner may not be liable for every single injury that occurred on their property because there may not have been something they should have done to keep you safe. For example, if you were walking through an aisle in a store and slipped on a spill that happened seconds before, there may not have been any action that the property owner should have taken in enough time to prevent the injury.

There is a fine line between being expected to do too much and unreasonable conduct. Premises liability law depends on negligence, as opposed to the doctrine of strict liability.

The same thing goes when you suffered an injury in an attack on a property with no history of crime and that was not in a dangerous area. The property owner might not have known that there was a potential danger to you upon which they needed to act.

Property Owners Must Take Action to Keep You Safe

Premises liability law holds that the owner will be charged with knowledge of a particular situation if they did nothing to address a known danger or waited too long to take action. For example, if someone else created a dangerous condition on the property, and the property owner did not do anything for a prolonged period, they can be liable in a lawsuit whether they knew about it or not.

A property owner cannot simply put their head in the sand and pretend there is no problem. At a certain point, the law presumes they knew. A reasonable property owner inspects and maintains their property and takes action to protect customers from known dangers. For instance, if a store is in a neighborhood with a history of crime, the owners will hire security and have well-lit parking lots.

When property owners fail and you suffer injuries, Silva Injury Law is ready to help.

How to Prove Your Premises Liability Case

The facts of each premises liability case will vary based on the circumstances. There is no one-size-fits-all rule to apply other than the property owner must act reasonably. Your attorney will need to gather evidence showing what the property owner did and what they should have done. In many cases, whether you win comes down to the vital question of what the property knew and what they should have known.

Your premises liability attorney from Silva Injury Law may use evidence to prove your case:

  • Witness testimony from people who were familiar with the conditions in the area before your accident
  • Witness testimony that can show what action the responsible party took (or did not take) to address the threat to your safety
  • Video camera footage that can show the conditions in the area or what precisely happened to you
  • Pictures from the scene of your accident
  • Testimony from an accident reconstruction professional
  • Maintenance logs that can show property inspections and what action the property owner may have taken to fix any dangerous condition

Your Legal Options After a Premises Liability Injury

Once your attorney has gathered the necessary evidence, it will be time to take legal action. First, you will need to figure out your case’s responsible party or parties.

Premises liability cases may involve different types of defendants, including:

  • An individual property owner on whose premises you suffered an injury
  • A local government that owned a sidewalk or other property that they failed to maintain reasonably
  • A company that owned or controlled the property where you suffered an injury
  • An educational institution, when you or a loved one suffered an injury on campus or in a school
  • A homeowners’ association, when you suffered an injury on their property or in a common area

Then, you will need to figure out how to get financial compensation for your injuries.

You can:

  • File a claim against the responsible party’s insurance policy
  • File a lawsuit against the responsible party in court

The rules may vary, depending on who you are filing a claim against for your injury. For example, if you file a claim against a governmental agency, you have six months from the date of the injury to file a claim against the local government.

If you file a lawsuit against a business, they will likely have a comprehensive insurance policy to cover damages from accidents. The last thing the business wants is to be put out of business because you can go after its assets. However, just because there is an extensive insurance policy does not mean that the insurance company is interested in writing you a large check. No matter what type of insurance company you are dealing with, they will all operate similarly.

Figuring out the Potential Defendants May Be Challenging

In a premises liability case, one of the significant challenges you will face is figuring out who you can sue. Businesses with complex asset structures may hide ownership in a series of LLCs. In your case, there may be a general lack of transparency, making it harder to figure out who to go after. Your lawyer will work hard to investigate the ownership situation and who may control the property.

On the flip side, there may be more than one party you can sue in a lawsuit. Someone may have been responsible for the dangerous condition, while the owner did nothing to keep you safe. Your attorney will work to figure out every potentially responsible party in your case.

You will usually need to fight tooth and nail to get the money you deserve in a premises liability case. If a large company is involved, they have in-house attorneys and defense lawyers to protect its interests. You need someone who is there for you and is there to fight for your legal rights.

Your Damages in a Premises Liability Case

In a premises liability case, you can seek:

  • The complete costs of your medical treatment and everything related to your care
  • Lost wages for the money that you can not earn from working
  • Pain and suffering for your physical pain and emotional discomfort
  • Scarring and disfigurement
  • Loss of enjoyment of life

If your loved one died from their injuries, your family can file a wrongful death lawsuit to recoup your losses.

It Takes Work to Get the Money that Your Deserve

Many premises liability cases will settle without the need for a trial. You may settle the claim directly with the insurance company. Alternatively, your lawsuit can settle before your case reaches the jury. A lot of work is necessary before you can get to that point and the check is in your account.

You will need to negotiate financial compensation with the insurance company, assuming they are willing to make you a settlement offer in the first place. Insurance companies are notoriously tough on premises liability claims, such as slip and fall accidents. They may deny your claim without even making you a settlement offer, forcing you to file a lawsuit if you want a chance at financial compensation.

Even if you receive a settlement offer, chances are that it will be nowhere near enough to compensate you for your injuries. You will need to negotiate for an extended period to reach a settlement agreement finally. Dealing with the insurance company takes toughness and experience to get them where they need to be regarding your compensation. You may need to reject multiple settlement offers as inadequate and counter with your demands, using the prospect of litigation as leverage on your part.

You Need an Attorney for Your Premises Liability Case

In every premises liability case, you need an experienced attorney to help you pursue compensation. All the tasks mentioned above will be complicated, if not impossible, to perform on your own. If you do not have the necessary evidence to show that someone else was responsible for your injuries, you will not be in a position to obtain financial compensation in the first place.

While hiring an attorney is not a legal requirement, getting the proper settlement or even a check can be nearly impossible if you are handling your case. Premises liability cases have complex fact patterns that require the help of an experienced lawyer. You can be entitled to significant financial compensation, and not hiring an attorney may mean that you are leaving a considerable amount of money on the table.

Contact a Modesto Premises Liability Attorney Today

Michael Joe Silva

Michael Joe Silva, Premises Liability Attorney

The attorneys at Silva Injury Law can work vigorously on your behalf as you seek payment for your premises liability injury. We will do everything we can to secure compensation for you and your family and hold the responsible party accountable for your injuries. First, contact us for your free initial consultation. You can speak with one of our attorneys by sending us a message online or calling us today at (209) 457-0738. Reach out to a Modesto personal injury lawyer.


“I cannot say enough good things about Silva Injury Law. Everyone starting with the front desk were very professional, honest and hardworking. Michael and his team worked diligently to make sure everything went as quickly and as smooth as possible. Silva Injury Law genuinely care about their clients and I would highly recommend them.”

Silva Injury Law – Modesto Office

515 13th St Suite 203
Modesto, CA 953544

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We believe that our duty goes beyond achieving large monetary awards for our clients. We strive first to be decent human beings who seek not to stir up fights, but to solve problems.

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