Bakersfield Premises Liability Lawyer

Premises Liability Lawyer Bakersfield, CA

Jerry Rulsky has handled premises liability cases for over 12 years. He started his career as a litigation and trial attorney at the largest personal injury firm in the country, where he built serious property hazard cases against corporate defendants and municipalities. Our Bakersfield, CA premises liability lawyer takes these cases on contingency and covers all costs upfront. Request a free case review.

Why Choose Rulsky Law Group for Premises Liability in Bakersfield, CA?

Trial-Ready Case Building

Jerry Rulsky has been licensed in California since 2014 and represents only injury victims. Never property owners. Never insurance companies. That matters in premises cases because defense firms and claims adjusters watch which plaintiff firms actually try cases and adjust settlement posture accordingly.

Jerry holds a Biology degree from UC Irvine and his law degree from California Western School of Law. He’s a member of the Consumer Attorneys Association of Los Angeles and the Los Angeles County Bar Association. He was also named Best Car Accident Lawyer in Bakersfield.

Real Results in Property Hazard Cases

One of our recent trip-and-fall cases resolved for $1.23 million in a claim against the City of San Diego and a major telecom company. The case required proving the hazard had existed long enough for the defendants to have known about it and addressed it. Another matter, a truck-versus-auto collision involving a fatigued commercial driver, settled for $2.6 million after we built a punitive damages claim. These outcomes are among the millions of dollars our personal injury lawyer in Bakersfield, CA has recovered for our clients.

No Fees Unless We Win

You pay nothing upfront. We handle premises cases on contingency and cover all investigation, expert, and litigation costs. When clients need help with medical bills or rent during a case, we assist with arranging settlement advance funding. No one should accept a lowball offer because they can’t afford to wait.

Client Testimonial

⭐⭐⭐⭐⭐ “Rulsky Law Group was professional, responsive, and genuinely helpful from start to finish. Communication was clear and timely, and the guidance provided was thoughtful and easy to understand. I felt confident knowing my questions were handled with care and attention.” — Matthew Boisjolie

Read more reviews on our Google Business Profile.

Types of Premises Liability Cases We Handle in Bakersfield

Premises liability covers a wide range of property-related injuries. What they share is a property owner, operator, or manager who had control of the space and failed to keep it reasonably safe. We represent injury victims in the full range.

• Slip and fall accidents. Wet floors, leaking refrigeration, recently mopped surfaces without warning signs, and spills left unaddressed in grocery stores and retail locations. Time on the hazard is often the key liability question.
• Trip and fall accidents. Cracked sidewalks, uneven pavement, broken steps, raised thresholds, and damaged flooring. A prior trip-and-fall against a telecom company and municipality resulted in our $1.23 million recovery.
• Inadequate security cases. Property owners can be liable for criminal acts on their premises when security was foreseeably necessary.
• Parking lot injuries. Poor lighting, broken pavement, missing wheel stops, inadequate security, and unmarked hazards frequently produce injury claims.
• Swimming pool accidents. Drownings, near-drownings, and diving injuries often involve California’s pool safety code requirements for barriers, alarms, and self-closing gates.
• Dog bites. California is a strict liability state for dog bites. Property owners are responsible even without prior notice of aggression under California Civil Code Section 3342.
• Negligent maintenance cases. Broken handrails, loose carpeting, malfunctioning elevators, and defective escalators produce serious injuries when owners delay repairs.
• Retail store injuries. Falling merchandise, display collapse, shopping cart incidents, and unsafe store layouts create ongoing liability exposure for retailers.
• Restaurant and bar injuries. Wet floors, grease hazards, broken fixtures, and overserving of alcohol can all support claims.
• Apartment and rental property injuries. Landlords have duties to maintain common areas, respond to known hazards, and address security concerns.
• Construction site accidents. Workers and visitors injured on Bakersfield jobsites often have both workers’ compensation claims and third-party premises claims.
• Hotel and resort injuries. Pool deck slips, shower falls, balcony hazards, and inadequate security can all produce premises claims.
• Public property injuries. Injuries on government property, including sidewalks, parks, and government buildings, trigger special notice requirements.
• Brain injuries. TBIs and head injuries from premises falls often go underdiagnosed, particularly in elderly victims.

California Legal Requirements for Premises Liability Cases

Duty of reasonable care. Under California Civil Code Section 1714, property owners and possessors must exercise ordinary care in the management of property to avoid exposing others to unreasonable risk of harm. The California Supreme Court in Rowland v. Christian established that this duty generally applies to all lawful entrants, regardless of whether they are invitees, licensees, or trespassers, though fact-specific considerations still affect liability.

Statute of limitations. You have two years from the date of injury to file a personal injury lawsuit under California Code of Civil Procedure Section 335.1. Claims against public entities require filing an administrative claim within six months under the California Government Claims Act. Missing either deadline ends the case.

Pure comparative negligence. California applies pure comparative fault, which allows recovery even when the plaintiff is partially at fault. Your recovery is reduced by your percentage of fault but not eliminated. We walk through this rule in our pure comparative negligence and comparative negligence explained blogs.

Notice requirement. Property owners are generally liable only for hazards they knew about or should have known about. Proving constructive notice often requires showing how long the hazard existed before the injury occurred. This is where investigation speed matters.

Dangerous conditions of public property. Claims against public entities for dangerous property conditions proceed under California Government Code Section 835, which requires proof of a dangerous condition, notice, and causation. The rules differ from private premises cases and trigger the six-month claim deadline.

What Damages Are Recoverable in a Bakersfield Premises Liability Case?

California law allows recovery across three categories of damages.

Economic damages cover the measurable losses. Medical expenses, both past and future. Lost wages. Loss of future earning capacity when injuries affect long-term work. Rehabilitation and physical therapy costs. Home modifications for mobility impairments. Out-of-pocket expenses including transportation and medical equipment. We document these through billing records, employment records, and vocational experts when needed.

Non-economic damages address the losses that don’t produce receipts. Physical pain and suffering. Emotional distress. Loss of enjoyment of life. Disfigurement and scarring. Loss of consortium. In premises cases involving severe falls, hip fractures, or brain injuries, non-economic damages frequently exceed economic damages because the ongoing quality-of-life impact is profound. Juries decide these values based on evidence and testimony.

Punitive damages apply in cases involving malice, fraud, or conscious disregard for safety. Property owners who knew about a serious hazard and ignored it for profit reasons sometimes qualify. So do owners who falsified inspection records. California imposes no statutory cap on punitive damages, though constitutional limits apply under U.S. Supreme Court precedent. The U.S. Department of Justice tracks how frequently punitive damages are awarded.

California does not cap pain and suffering damages in standard premises liability cases. Claims against public entities may have additional restrictions under the Government Claims Act.

What Steps Should I Take After a Bakersfield Premises Injury?

What you do in the first hours after a premises injury affects the case substantially.

1.      Get medical attention. Your health comes first. Internal injuries, concussions, and hip fractures often aren’t obvious at the scene.

2.      Report the incident. Notify the property owner, manager, or employee in charge immediately. Ask for an incident report and get a copy.

3.      Document the hazard. Photograph the condition that caused the injury from multiple angles. Include surrounding context, lighting, signage, and any warning devices or lack thereof.

4.      Photograph injuries. Visible injuries should be documented at the scene and throughout treatment.

5.      Identify witnesses. Get names and contact information from anyone who saw the incident or had knowledge of the hazard beforehand.

6.      Preserve physical evidence. Keep damaged clothing, footwear, and personal items. Do not throw anything away.

7.      Note what you saw. Write down exactly what happened, what the hazard looked like, and any statements made by property staff.

8.      Avoid giving statements. Do not speculate about fault. Do not accept blame. Stick to factual observations.

9.      Follow medical advice. Attend every appointment. Follow through with physical therapy. Gaps in treatment damage cases more than almost anything else.

10.  Call an attorney. Speak with an attorney before signing anything from the property owner’s insurance carrier.

Premises Liability Statistics in Bakersfield

Premises-related injuries remain one of the most common causes of emergency room visits and hospitalizations nationally.

The Centers for Disease Control and Prevention reports that falls are the leading cause of injury-related death among adults 65 and older, with more than 38,000 older adults dying from falls in 2021. Non-fatal fall injuries account for more than 3 million emergency room visits annually.

The National Safety Council reports that falls rank as one of the top causes of preventable injury deaths across all age groups, and most occur on property where maintenance, design, or warning failures played a role.

Occupational premises hazards produce substantial claims volume. The U.S. Bureau of Labor Statistics tracks workplace injury data, and falls on the same level rank among the top causes of non-fatal workplace injuries in California. The California Division of Occupational Safety and Health enforces workplace safety rules that often intersect with premises liability claims when workers are injured on third-party property.

Dog bite injuries also contribute to premises-related claims in California. The CDC dog bite data reports that more than 4.5 million people are bitten by dogs annually in the United States, with over 800,000 requiring medical attention.

Swimming pool drownings remain a persistent concern. The Consumer Product Safety Commission tracks pool and spa fatalities nationally, with children under five representing a significant share of drownings at residential pools.

Local conditions in Bakersfield include aging sidewalks in older neighborhoods, sprawling commercial parking lots, and a mix of retail properties with varying maintenance standards. The Federal Highway Administration publishes safety research relevant to sidewalk and pedestrian path conditions.

Bakersfield Premises Liability Lawyer FAQs

How much does a premises liability lawyer in Bakersfield cost?

Nothing upfront. We work on contingency, meaning our fee comes from the settlement or verdict only if we recover for you.

Is the consultation free?

Yes. All case reviews are free and confidential.

How long do I have to file a premises liability claim in California?

Two years from the injury date for most cases. Six months to file an administrative claim against a government entity.

What if I was partly at fault for the fall?

You can still recover under California’s pure comparative negligence rule. Recovery is reduced by your percentage of fault but not eliminated.

What if the property owner says the hazard was obvious?

The “open and obvious” defense is common but not always successful. Courts consider whether a reasonable person would have seen the hazard and whether they could have avoided it.

What if I don’t know who owns the property?

We investigate ownership as part of the case. Commercial properties often involve multiple parties including owners, managers, tenants, and maintenance contractors.

What if the injury happened at work?

You may have both a workers’ compensation claim and a third-party premises claim, especially if the property belonged to someone other than your employer.

How long does a premises liability case take?

The case timeline depends on injury severity and whether a lawsuit is filed. Simple cases may resolve in several months. Serious injury cases commonly take one to three years.

What is my case worth?

Case value depends on injury severity, medical expenses, wage loss, liability strength, and available insurance. We provide realistic valuations after reviewing records.

Does your firm speak languages other than English?

Yes. We handle cases in English, Russian, and Spanish.

What to Expect With Your Premises Liability Case

Premises cases follow a distinct pattern. The first phase is investigation. We gather incident reports, photographs, surveillance footage, maintenance records, and witness statements. Speed matters here because surveillance video is often overwritten within weeks if no preservation demand is made.

The second phase is medical development. Your case value tracks your medical treatment, so following through with care is essential. We coordinate with providers to ensure records document the injury mechanism and ongoing symptoms clearly.

The third phase is negotiation. Most premises cases resolve through settlement with the property owner’s insurance carrier. Insurance adjusters evaluate cases based on liability strength, injury severity, and the plaintiff firm’s willingness to file suit. That’s why trial experience matters even in cases that never see a courtroom.

The fourth phase, when necessary, is litigation. Filing a lawsuit opens discovery, which allows us to depose property managers, subpoena maintenance records, and obtain internal communications. Many cases settle during this phase. Some proceed to trial.

What Are Important Local Resources for Bakersfield Premises Injury Victims?

After an injury on someone else’s property, you may need medical care, records, or safety reporting resources. The resources below are frequently useful. Listing them is not an endorsement of any provider, and we have no financial relationship with any organization listed.

• Bakersfield Police Department. Non-emergency: (661) 327-7111.
• Kern County Sheriff’s Office. Non-emergency: (661) 861-3110.
• Kern Medical Center. Phone: (661) 326-2000. Level II trauma center.
• Adventist Health Bakersfield. Phone: (661) 395-3000.
• Mercy Hospital Downtown. Phone: (661) 632-5000.
• Kern County Building Inspection Division. Code enforcement and inspection records.
• Kern County Public Health Services Department. Injury prevention and environmental health.
• California Division of Occupational Safety and Health. Workplace safety complaints and records.
• Kern County Superior Court. Phone: (661) 868-7300.

Contact Rulsky Law Group

You pay no fees unless we win. Initial consultations are free and confidential, and we respond quickly to new inquiries. During your consultation, we’ll review what happened, discuss liability and damages, and explain what to expect from the claims process. We handle cases in English, Russian, and Spanish. Contact us to request a case review.