Essential Facts about Premises Liability you Need to Know
A premises liability accident, in which you are injured on someone else's property, can completely flip your life upside down. If the owner of the location where you were injured was to blame for the accident, you may be able to bring a premises liability claim for compensation. Depending on the conditions, several different sorts of premises liability lawsuits are available.
Premises liability is a legal concept that generally arises in personal injury claims if the harm was caused by an unsafe or defective condition on someone else's property.
Essentially, if you are injured on someone else's property because of an unsafe or defective condition, you may be able to bring a premises liability claim against the property owner or occupier.
To win a premises liability case, the injured person must prove that the property owner was negligent in some way. This generally means that the property owner failed to use reasonable care when it came to maintaining the property.
Basically, to sue a property owner for an injury you sustained on their property, you have to prove that they were aware of the unsafe conditions on the property and did not take steps to fix it.
There are many different types of premises liability cases that are possible. The following is a brief discussion of some of the more common types of premises liability cases.
As you can probably imagine, a wide variety of situations can lead to someone filing a premises liability case. It is important to understand that premises liability claims have to do with the conditions on a property and not the nature of the property itself.
This means that, for example, a person who is injured in a car accident at a shopping mall could file a premises liability claim if the mall's negligent security caused the car accident. However, the same injured person cannot file a premises liability claim against the mall because the mall is a shopping mall and not a parking lot.
Determining liability (and therefore, fault and damages) in premises liability cases is not easy. In fact, courts have discussed and debated the issue for decades. This is because every case is different, and every set of circumstances is unique.
However, it is important to understand that in most premises liability cases, more than one party might be considered at fault for the circumstances leading to the personal injury.
In many states, the law requires that the injured person be a lawful visitor to the property at the time of the injury. In other words, the person injured must have some type of legal right to be on the property at the time of the injury to file a premises liability claim.
In some states, however, the law does not make this requirement. If the injured person was a trespasser, for example, then the property owner might have a stronger basis for arguing that the injured person was partly at fault for their own injury. If the injured person was a trespasser, it is possible that the property owner might be able to avoid responsibility for the injury, for example, by claiming that the injured person was at fault for being on the property in the first place.
In most premises liability cases, the injured person must prove that an unsafe or defective condition on the property caused their injury. In most states, the injured person must prove that the property owner was negligent with respect to ownership and maintenance of the property to win a premises liability claim. In other words, the property owner must have been at fault for the injuries that were sustained.
To establish negligence, the injured person must typically prove that the property owner knew or should reasonably have known about the unsafe or defective condition, but failed to take reasonable steps to remedy the situation.
In some situations, the property owner might argue that an injured person was partly or even entirely at fault for their own injury. This might be true, for example, if the injured person was a trespasser or a child.
The law often treats trespassers differently than lawful visitors in premises liability cases. Trespassers are people with no legal right to be on the property and are therefore typically held to a lower standard of care than lawful visitors. In some states, for example, a trespasser might only have to prove that the property owner acted unreasonably to recover compensation for their injury.
Similarly, children might be held to a lower standard of care than adults in some states. This is because the law assumes that children are less likely to be aware of the dangers or potential dangers of the property, and might not be in a position to argue that the property owner failed to take reasonable steps to remedy the situation.
In some premises liability cases, it can be difficult to determine who is most at fault. In some states, an injured person might be allowed to recover compensation from either the property owner or the visitor for their injury, even if both are at fault for the injury.
Other states, however, only allow an injured person to recover from either the property owner or the visitor, but not from both. This means that, in some cases, it's important to understand which states have which laws to determine who to file the claim against.
Certain states have special rules that apply to claims against a landlord (the owner of a rental property). In most cases, a tenant who is injured on their rental property might have to file a premises liability claim against their landlord.
It is important to note, however, that even if the tenant is allowed to recover from their landlord, the tenant might still have to share their damages with their landlord. In most states, a tenant is allowed to recover for their negligence in a premises liability case, but must share their damages with their landlord.
It is important to note, however, that even if the tenant is allowed to recover from their landlord, the tenant might still have to share their damages with their landlord. In most states, a tenant is allowed to recover for their negligence in a premises liability case, but must share their damages with their landlord.
After suffering an injury through a premises liability accident, it can be tempting to just move on.
However, it is important to know that there are two things that you can do right away. The first is to document the accident and your injuries thoroughly. Make sure you take photos of your injuries and let your doctor or the hospital know that you intend to pursue a claim.
The second thing you should do is to speak with an attorney right away. Don't worry--you don't have to pay a dime upfront. An attorney will be able to help you figure out if you have a viable case, how much your claim is worth, and how you should proceed.
If you need legal advice on premises liability in California, Mendez & Sanchez Law is here for you. Our attorneys will help you through the difficult legal landscape as we pursue the compensation you deserve.
Contact us right away for personal injury, auto accident, workers compensation, slip, and fall, or other legal needs.
