Property owners are supposed to help keep people safe. State law sets forth requirements that require these owners to take reasonable steps to prevent harm to visitors. This is very true for business owners who are often held to a heightened standard. If you were injured while on another person’s property, you could be entitled to significant financial compensation.
An experienced Glendale premises liability lawyer will help you determine the validity of your case. Speak with a skilled personal injury attorney today.
Premises Liability: Understanding the Basics
State premises liability sets forth standards of care for property owners. It sets a duty of care for these property owners on how they should maintain their properties. Owners are generally required to:
- Maintain their property in a safe condition
- Do reasonable inspections of the property
- Repair known dangerous conditions
- Give proper warning of known dangerous conditions
Failure to do this could result in a premises liability lawsuit against the property owner. The damages from this type of case could help an injured plaintiff recover following an accident.
The Duty of Care
California Civil Code 1714(a) lays out the state’s premises liability law. It holds property owners responsible for not only willful acts but those due to negligence as well. This means that a plaintiff injured while on a property owner’s premises could be entitled to file a lawsuit to seek damages.
How the duty of care is established is set by the “reasonable property owner” standard. The duty is what a reasonable owner of that type of property would do in similar circumstances as the case. To determine this, a jury can consider factors such as, but not limited to:
- The property location
- Likelihood of others entering the property the way plaintiff did
- Likelihood and foreseeability of injury
- Probable seriousness of the injury
- Whether the owner knew of the condition or should have known of it
- The burden of fixing the condition
- How much control the owner had over the condition that created the risk
A jury is permitted to consider these factors to determine whether the property owner was negligent in their care. If they were, a personal injury case could hold them responsible for the plaintiff’s injuries.
Types of Premises Liability Accidents
Premises liability accidents may happen in several different ways depending on the specific situation. When a plaintiff is harmed on another’s property, they should consider whether it was caused by the property owner’s negligence. Examples of these cases include slip and fall accidents, waterpark accidents, construction site incidents, injuries on stairs, and more.
Compensation Following an Injury
Damages depend on the unique facts of the case. A lawyer will analyze the plaintiff’s case to determine what types of damages may be available. Possible money damages include:
- Pain and suffering
- Loss of consortium
- Wrongful death
- Property damage
- Lost income
- Lost earning capacity
- Medical bills
These forms of compensation must be proven by the correct legal standard to be collected. A qualified premises liability attorney in Glendale can help.
Speak to Premises Liability Attorney in Glendale
Premises liability cases can be incredibly complicated. Property owners do not like to pay, and their insurance carriers fight even harder to avoid paying up. You need legal counsel who will assert your rights and protect them.
An experienced Glendale premises liability lawyer will speak with you and consult on your case. Contact us today.