Property Owner Wrongdoing

Premises Liability Wrongful Death Attorneys

California and Nevada Homeowner Liability Lawyers

Landlords, employers, building owners and operators, mass transit authorities, government entities and others can all be responsible for fatal injuries on property or equipment which they own or operate. Each year, hundreds of people are killed in accidents that occur where property owners are not careful or vigilant in the maintenance or management of their property.

All property owners have the duty and obligation to maintain their premises in a reasonably safe manner. That includes keeping walkways, stairways and balconies well-lit and in good repair; protecting against the foreseeable criminal acts of others; conducting appropriate inspections and maintenance; making certain that elevators, escalators and moving walkways are regularly serviced and inspected; eliminating slip and fall or trip and fall hazards on floors; posting appropriate warnings at recreational facilities including swimming pools and playing fields.

At Walkup, Melodia, Kelly & Schoenberger, our wrongful death premises liability specialists can help assess the merits of your case, and obtain for you the compensation you deserve.

Every day, people are killed while on the property of another - whether it is a home, a place of business, a construction site, an office building or a public building. A fall down a poorly maintained flight of stairs, a fatal electrocution where wiring is not up to code, an unsafe space heater causing a fire, an improperly maintained or pruned ornamental tree; all of these are examples of fatal accident causes that are the responsibility of a property owner.

When publicly-maintained traffic lights or traffic signs malfunction, or are obscured, and a fatal collision results, the government is responsible for negligence in maintaining its premises. Where Caltrans or another government entity is performing roadwork and fails to guard against hazardous excavations, roadway drop-offs or roadway obstructions, and a fatal injury occurs, our wrongful death specialists should be called.

The wrongful death premises liability attorneys of Walkup, Melodia, Kelly & Schoenberger have successfully prosecuted landlords, building owners, business operators, property management companies, building owners and managers, lessors and licensees where the failure to keep property in a reasonably safe condition has resulted in a fatal accident.

Landlords are obligated to provide their tenants with a reasonably safe place to live. This includes the duty to install and maintain smoke alarms and sprinklers for fire protection, as well as secure doors and locks against intruders. The owners and operators of commercial buildings have similar duties and obligations. Where prior criminal acts have occurred in the past, and a commercial property owner is on notice of the risk of serious bodily injury or death, liability may exist for inadequate security that allows criminal activity to occur.

Our wrongful death specialists have handled premises liability cases that include toxic chemical exposures, lead poisoning, defective lighting, defective and unsafe electrical wiring, inoperative smoke detectors, failure to warn of hazardous conditions, improperly maintained construction equipment, poorly maintained furniture or furnishings, overgrown or uncontrolled landscaping, fallen trees and limbs, uncovered ditches, open holes on the property, broken stairs, and other dangerous conditions which the owner, manager or operator has failed to warn of or correct.

Our attorneys are experts in the area of wrongful death arising from premises liability.

Examples of Our Success

Dangerous Tree Fall - Death of 54-Year-Old Wife and Mother

Our wrongful death attorneys obtained a $2,700,000 settlement on behalf of the husband and two adult children of a 54-year-old woman who was killed when a Monterey pine tree fell on her car as she drove in San Francisco. Our wrongful death specialists were able to prove that the owner of the adjacent property, from which the tree fell, had conducted inspections in the past and knew that such an incident was potentially likely to occur. The professional management company responsible for maintaining the trees claimed that the tree tragedy was a "freak accident." Our wrongful death lawyers were able to find a former manager of the apartment complex from where the tree fell who testified that she had requested funds on more than one occasion to have the dangerous trees removed.

Failure to Provide and Maintain Smoke Alarms - Death of 31-Year-Old Woman

Our wrongful death premises liability specialists obtained a settlement in the amount of $2,000,000 against a property manager and building owner who were responsible for the maintenance of an apartment's smoke alarms. Our client's wife was killed in a fire at the rented apartment when a fire broke out. No smoke alarm sounded. Fire investigators determined that there were no batteries in any of the smoke alarms of an un-burned "mirror-image" unit upstairs. Our attorneys claimed that the failure to check the batteries, and make sure that all smoke detectors where operative, was negligent. Because the smoke alarms were not functioning, the decedent was not awakened until the fire had consumed most of the apartment and the only exit door had been sealed by melted plastic from a wall mounted doorbell chime.

Falling Store Display - Wrongful Death of 3-Year-Old Child

Our wrongful death specialists obtained a settlement in a confidential amount, including both cash and future annuity payments, on behalf of the parents of a 3-year-old child killed when a display fell on her at the defendant's store. The child was present at the home center store with her grandmother when the accident occurred. The store owner claimed that the accident was caused by the grandmother for failing to supervise the child. The display which fell incorporated a door jamb and was advertising the availability of replacement home doors. Our attorneys proved that the child's actions had not in any way increased or caused the problem, but that the display made it likely it would fall on any adult patron who brushed against it.

If you have suffered the loss of a family member, spouse, domestic partner or parent because of the fault of a property owner or manager, talk to our premises liability wrongful death specialists. Tell us what happened, and why you believe the owner, manager or operator of a property was responsible. We will evaluate and investigate the case and help you determine what action to take. Contact our premises liability wrongful death lawyers today. Make an appointment for a free consultation by calling toll free at 1 (888) 732-8897.

Se habla espaňol

The wrongful death attorneys at Walkup, Melodia, Kelly & Schoenberger represent the families of wrongful death victims in California and Nevada including the cities of San Jose, Sacramento, Oakland, San Francisco, Santa Rosa, Fresno, San Mateo, Walnut Creek, Concord, San Rafael, Napa, Redwood City, Stockton, Modesto, Los Angeles, San Diego, Reno, Las Vegas, Elko, Carson City, and Tahoe.