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Oakland Personal Injury > Blog > Premises Liability > How Building Code Violations Support A California Premises Liability Accident Claim

How Building Code Violations Support A California Premises Liability Accident Claim


If you were hurt in an accident due to dangerous conditions on property, you may qualify to recover compensation for your losses through the legal concept of premises liability in California. These cases are based upon negligence, which means you need to prove that the incident was a direct result of the property owner’s failure to keep the premises reasonably safe. Negligent acts may include not cleaning up spills, refusing to make necessary repairs, or ignoring hazardous conditions. However, victims can also be injured when a property owner violates provisions of the California Building Standards Code – a scenario that raises some important legal issues when you are attempting to recover compensation for your losses.

The good news is that a building code violation may provide crucial support for your claim, though it is essential to develop a solid legal strategy to ensure you take advantage of the benefits. Your Oakland premises liability attorney will take the lead with the details, but you should be aware of a few important points. 

Common Types of Proof in a Slip and Fall Case: Evidence is necessary in any claim based upon negligence, so one of the most important items of proof in a premises liability case is the property owner’s breach of duty. Various forms of information can be used to show the failure to exercise reasonable care in maintaining the premises, such as:

  • Photographs of the accident scene and surrounding area;
  • Surveillance and security camera footage;
  • Witness accounts from individuals who observed the accident; and
  • Information or reports regarding other victims who suffered injuries in the same or similar way. 

Factors Considered Negligence Per Se: In the context of building code violations that cause accidents on property, you should understand the concept of negligence per se – i.e., acts that are inherently careless in and of themselves. Under California personal injury laws, certain misconduct meets the legal definition of negligence without additional proof. Examples include:

  • Violations of strict liability laws, because the point of them is to protect individuals who cannot protect themselves; and
  • Breaking laws that impose a specific duty on certain individuals or entities, mainly because they are in a better position to protect others.

A violation of federal, state, or local building standards may be considered negligence per se, but only when it was the direct cause of the slip and fall accident. Noncompliance with building codes may not be a useful source of proof when the violation was unrelated to the incident. For instance, the property owner’s failure to repair a staircase railing would not support your premises liability claim if you were injured in a fire. 

Set Up a Free Consultation with an Oakland Premises Liability Lawyer

 For more information on how building code violations affect California slip and fall claims, please contact Venardi Zurada, LLP to set up a no-cost case assessment with a member of our team. We can meet at our offices to discuss your legal rights and remedies.



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  • We’ve been through it, too. Attorney Mark Venardi had to personally deal with a medical malpractice injury he suffered at a time when he was working a blue-collar job on an offshore oil rig; he knows what it’s like to be a working man dealing with a personal injury. He built his way up to working for the biggest maritime defense firm in the country, before deciding to focus on helping people like himself who were hurt by negligence and mistreatment from others.

  • We like to fight for the underdog. Attorney Martin Zurada is an immigrant and the son of immigrants who tirelessly worked his way up through education and experience to attain the American dream. Even though he has served in large, high-level litigation law firms, he prefers helping clients directly, fighting against injustices, and securing victories for the little guy who has been wronged.

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We offer a wide range of litigation services for Oakland personal injury and employment law clients. Specifically, our areas of dedicated practice span the following issues:

Employment Law. California employers must assure proper pay to employees and comply with a variety of rules and regulations to prevent discrimination and unfair treatment of employees. We represent victims of wage and hour violations, employment discrimination, workplace harassment, retaliation, wrongful termination, and any other form of California workplace mistreatment. If you believe you were treated inappropriately at work, we can help.

Personal Injury. If you’ve been injured due to another’s negligence, you deserve compensation. That’s where we come in. As Oakland personal injury attorneys, we right the wrongs done to our clients. And we do it at our cost during the entire duration of your case. There is never any fee until we win. Give us a call if you have been hurt in a car accident, by a toxic spill or contamination, as a result of medical malpractice, due to abuse or neglect, in a maritime accident, by a vicious animal attack, or any other incident caused by someone else’s negligence.

The Sooner You Speak to an Oakland Injury Lawyer, the Stronger Your Chances for Recovery Will Become.

Contact the Oakland injury lawyers at Venardi Zurada today, and let’s get started. We are available to talk any time, so whether you call, email or chat online, we’ll respond and set up an appointment to meet you. We have several Spanish speakers in the office and welcome the opportunity to cater our services to Oakland’s Spanish-speaking population. You pay no fee until we win for you, so you have nothing to lose by contacting our office for a free consultation. The sooner you call, the faster we can start getting results for you. Call 925-937-3900.

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