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Most people think that if someone is on a property without an invite, the owner is completely off the hook for what happens next. This is a common myth. In California, the law is more nuanced than a simple “Keep Out” sign. Property owners still have a specific duty of care to ensure their premises don’t house “death traps” or hidden dangers that could lead to catastrophic injuries. Whether it is a curious child or someone taking a shortcut, the legal reality is that safety doesn’t stop at a fence line.
When a serious injury occurs, the physical pain is only the start of the battle. You’ll quickly find that insurance companies are not your friends. They’ll use the “trespasser” label as a shield to offer an insultingly low settlement. We’ve seen insurers try to settle million-dollar claims for a few thousand bucks because they hope you don’t know your rights. At our firm, we provide the muscle needed to force these companies into a position of fairness.
Understanding the Standard of Care
California law moved away from rigid categories of “invitee” or “trespasser” years ago. Now, the courts look at whether a property owner acted reasonably under the circumstances. If an owner knows people frequently cross their land and there is a dangerous, concealed hazard like an open pit or a downed power line, they can be held liable. It’s about accountability. If a hazard is foreseeable, it is preventable.
In Roseville, we see this often with construction sites or large commercial lots. A lack of basic safety communication can lead to a wrongful death or a permanent spinal injury. We believe that personal injury is personal, not just physical. A broken leg for an office worker is different than a broken leg for a food bank volunteer who relies on their mobility. We fight to make sure the compensation reflects how the injury actually changed your specific life.
The Prudent Associate’s Guide to Premises Liability
- Seek immediate medical attention to document the extent of the harm.
- Take photos of the hazard before the property owner can “fix” the evidence.
- Do not sign anything from an insurance adjuster without a legal review.
- Consult a specialist who understands the “why” behind premises law.
The Strategy of Reasonableness
We don’t go into litigation looking to be “soft.” Instead, we use a methodology of reasonableness. By making strategic CCP 998 offers, we set a trap for the defense. If they refuse a reasonable settlement and we win a higher amount at trial, they face massive penalties. This clinical approach is why we’ve successfully turned $16,000 offers into $1,000,000 results.
Not all attorneys are created equal. If your lawyer doesn’t specialize exclusively in PI, you’re leaving money on the table. Our team, led by partners like Justin Gingery and Jeffrey Hammer, has handled over 1,000 cases. We know how to navigate complex four-defendant litigations. Whether it’s a public transit accident or a hazardous condition on a retail property, we focus on the policy limits to ensure our clients get every dime they deserve.
Closure Through Litigation
Transparency is a core value for us. When you work with our team, you get a direct line. You won’t be passed off to a file clerk who doesn’t know your name. We provide 24-hour callbacks because we know that waiting for news on a high-stakes case is stressful. Our goal is to provide closure. We want to see our clients get the medical care they need, which is why we even help arrange handicap-accessible vehicles during the litigation process if needed.
We’ve seen the human story behind the statistics. We’ve represented daughters waiting decades for justice and families who lost their primary breadwinner due to site negligence. These aren’t just files to us. They’re people whose lives were upended by someone else’s failure to maintain a safe environment. We take that responsibility seriously.
Getting the Representation You Deserve
If you or a loved one has been hurt, don’t let the “trespassing” label scare you away from seeking justice. The law is designed to protect people from negligence, regardless of where the incident took place. We operate on a contingency fee basis, meaning there is no fee unless we win. We take the financial risk so you can focus on your recovery.
Finding a Roseville trespassing injury lawyer in Roseville, CA who specializes in premises law is the first step toward reclaiming your future. You need the best personal injury attorney for Roseville trespassing claims to navigate the nuances of the California Evidence Code. At Gingery Hammer & Associates, LLP, we’re ready to stand as your relentless guardian against insurance companies. We’ll fight for the full policy limits to ensure you aren’t left holding the bag for someone else’s mistake.