When a person visits the private property of another person or entity, they expect the area to be cleared of any hazards that could cause harm to unsuspecting guests. Whether it is an office, grocery store, a shopping mall, a restaurant, a park, a friend’s home—property owners are required to maintain a condition safe enough for guests to visit without having to worry about getting injured. Unfortunately, not all landowners live up to this responsibility, potentially causing innocent people to suffer a significant injury.
If you have suffered injuries due to a condition on someone else’s property, compensation may be available. Consult a Moreno Valley premises liability attorney to discover whether you can get money damages for your losses. En Español.
Duties Owed by a Property Owner in Moreno Valley
A person filing a lawsuit alleging premises liability must demonstrate another party’s negligence to get damages for any injury. In premises liability cases, that means the plaintiff must show:
- The owner or occupier had a duty to the plaintiff, meaning that the plaintiff was either a guest, or in the case of a business or government office, a member of the public, or a trespasser whose presence on the property was foreseeable
- The owner or operator breached the duty by allowing an unreasonably dangerous condition to exist on the premises
- The plaintiff was injured due to the dangerous condition
- The plaintiff’s injury would not have occurred if the dangerous condition did not exist
Insurance companies often defend premises liability claims on behalf of the owner or occupier of the property. A premises liability attorney in the local area is in the best position to counter the aggressive tactics of insurance company lawyers and negotiate a favorable settlement that adequately compensates a victim for their injuries. If necessary, the lawyer can bring a lawsuit seeking appropriate damages.
Damages Available in Premises Liability Cases
Someone who suffers an injury because of an unreasonably dangerous condition on someone else’s premises could be entitled to significant compensation. The money damages available may include:
- Reimbursement of the fair market value of any property that was damaged or destroyed in the accident
- All out-of-pocket costs associated with treating the injury
- Medical expenses incurred after the accident and into the future, such as surgery, physical therapy, or pain medication, necessitated by the injury
- Accommodations like a wheelchair, prosthesis, modifications to a home or vehicle that are necessary because of the accident
- Wages, including lost future earning opportunities
- Pain, suffering, emotional distress, loss of consortium, loss of enjoyment of life
- Embarrassment and humiliation
Punitive damages are not meant to make a victim whole, but rather to punish the defendant. Ca CIV §3294 allows punitive damages in personal injury cases if the plaintiff shows that the defendant acted with actual malice and intent to harm, or extreme recklessness. A premises liability attorney could determine whether seeking punitive damages is appropriate in a particular case.
Get in Touch With a Moreno Valley Premises Liability Attorney Today
Many premises liability cases potentially involve multiple defendants and their respective insurance companies, different theories of fault, and defense lawyers searching for any reason not to pay. Having an attorney committed to fighting for you is a smart move, regardless of the specifics of your case.
Discussing your situation with a skilled, aggressive, empathetic attorney can bring you peace of mind and let you know what to expect. Injured people have only a short time to bring a lawsuit, so contact the office today to review your case with a Moreno Valley premises liability lawyer.