Premises liability indicates the property owner, manager, or caretaker’s possible legal responsibility for any injuries that could have happened as a result of the hazardous conditions on the property. A premises liability claim can happen in almost any setting. This includes structures, open spaces, and may also include incidents involving swimming pool areas, slip and falls, construction sites, animal attacks, and even criminal attacks.
This article will highlight viable personal injury cases based on premises liability. If you have any questions involving your specific case, it is important to seek the legal expertise of an attorney who has experience in handling premises liability cases. With the support of a knowledgeable attorney, you could obtain financial restitution that could help you on your journey to recovery.
What Needs To Be Proven In a Premises Liability Claim
Each state will have its own rules and regulations regarding premises liability claims, and California is no exception. The following are important elements that could be needed in order to have a successful premises liability case. Since state laws are subject to change, it is important to seek the legal expertise of an attorney who can help you understand what your specific case needs.
- The party signified as the defendant owned or leased the property in question,
- The defendant was careless in preventing foreseeable accidents from happening,
- The plaintiff suffered injuries in the property,
- The defendant’s carelessness was the substantial contributing factor in causing the plaintiff’s injuries.
Proving That the Defendant Was Negligent In Preventing an Injury
In legal terms, negligence refers to a person’s carelessness in preventing harm to others. In a premises liability claim, a claimant will need to demonstrate that the defendant has failed to use a reasonable standard of care that is required by the specific situation. When filing a premises liability claim, the property owner or caretaker’s negligence does not need to be the sole reason behind the injury but it does need to be one of the main contributors to the incident that caused the injury. Common examples of negligence involve:
- A property manager that has failed to fix broken lights in commonly used corridors, which have led to a person’s slip and fall injury.
- A property owner has failed to fix a broken stairwell, which has caused a person’s fall.
- The failure to clean and/or dry a slippery wet floor.
Obtain the Legal Expertise of a Knowledgeable Attorney
If you have sustained injuries because of the negligence of a property owner or caretaker, you have the legal right to pursue a premises liability claim. With the support of an experienced attorney, you could build a case that could help you obtain financial restitution for your injuries.
Attorney Albert E. Hirst is highly skilled in the field of premises liability cases in California. He is dedicated to helping victims of negligence obtain the restitution they deserve following an accident. Premises liability claims in the State of California are strictly time sensitive, obtain qualified legal support as soon as possible.