Premises Liability Lawyer
Were you injured at a business or restaurant? Have your injuries led to long-term financial and physical harm? Depending on where you were located when you were injured, you may have a premises liability case. This type of liability applies when someone is injured, but they did not own the property that they were at when they were hurt. Because an injury can cause lasting mental, emotional, physical and financial damage, it is important to talk to a qualified lawyer about the best steps for your liability case.
What Is Premises Liability?
This term refers to the legal principles involving property owners and visitors to the property. When someone enters a property owner’s premises, the property owner is responsible for the safety and security of the facilities. If someone is injured because the property was left in a dangerous condition, the property owner is generally held responsible for those injuries.
This type of claim is based on the legal doctrine of negligence. Basically, the property is in a defective or unsafe condition that led to the injuries. The owner may have been negligent in their maintenance of the property and failed to take reasonable precautions. If the property owner did not use reasonable care to maintain their property and prevent safety issues, then they could be liable for your accident.
Falling at someone’s property does not necessarily mean that they were legally negligent. In addition to showing that you were harmed at their property, you must prove that the owner should have known their property was not safe and did not take any measures to fix the issues.
What Are Common Premises Liability Cases?
In general, slip-and-fall cases are the most common kind of accident for this type of case. These kinds of injuries can happen because of a problem with the stairs, wet floors or unmarked obstacles. They can also occur because of snow or ice.
These types of cases may happen because of the following reasons.
- Slip-and-fall accidents.
- Dog bites.
- Inadequate care, defective conditions or poor maintenance of the premises.
- Animal bites.
- Toxic chemicals or fumes.
- Poor building security that led to an assault or injury.
- Broken elevators or escalators.
- Violent guests, employees or customers.
- Swimming pool accidents.
- Amusement park accidents.
- Injuries from snow and ice.
If you plan on getting compensation for your injuries, you will have to file a lawsuit against the landlords, tenants, business owners or entities in control of the property. Then, you will need to demonstrate their negligence in a courtroom. Because the burden of proof rests on you, it is important to get the help of an experienced attorney before you file your case.
Who Is Responsible?
Your lawyer can help you determine who is at fault for the accident. The state legally classifies visitors to the property in four different ways. An invitee is someone who is invited to the property like a customer at a hair salon. Meanwhile, a social guest is just a visitor to the premises. A licensee comes to the property for their own purpose with the consent of the site’s owner. This type of person might be a friend or neighbor. Unlike the previous designations, a trespasser enters the property without any permission or right to do so. In California, property owners and occupiers have a legal obligation to look out for the safety of invitees and customers.
Once someone enters the property, they should be able to expect a reasonable standard of safety. The only exception to this rule is for trespassers. Property owners are required to maintain the property and prevent safety issues. If the property owner could foresee that an issue could lead to an accident, then they may be at fault for your injury.
Trespassers and children are legally different from other guests at a property. While trespassers can technically file a liability claim, the claim will be more difficult to prove. Owners are held to a lower standard for protecting trespassers. In comparison, property owners have a special duty to children under a doctrine known as active nuisance. If the property owner knew that a child could appear at the premises and be seriously injured, then they should have taken steps to prevent the injury from happening.
Landlords have special rules. After a landlord rents out the unit, the law presumes that they have lost control over the property. Because of this, they are generally not at fault if someone is injured. Instead, the renter is normally the target of a premises liability case.
These types of cases can cause a variety of different injuries. If someone is hurt by a falling ceiling, it could crush their spine or cause broken bones. Meanwhile, toxic fumes could cause respiratory issues, blindness or death. These cases can lead to injuries ranging from cuts to brain injuries. Because many of these injuries can last for a long time, it is important to get professional help. With the right representation, you can seek remuneration for your damages.
Proving Liability: Why You Need to Hire An Attorney
Among the elderly, falls are the leading cause of fatal injuries. Around the world, falls are the second leading cause of unintentional injury deaths for all age groups. In total, there are 646,000 people who die from falls each year.
While falls may be a leading cause of death, there are many types of injuries that can occur on a commercial or residential property. If you were hurt at someone else’s property, you may be able to get help covering the cost of your injuries. Through the support of a talented attorney, you can seek compensation for your medical expenses, lost wages and other costs. You do not have to pay for the cost of your injury on your own if someone else was legally responsible for it.
When you are dealing with a premises liability case, it is important to talk to a lawyer before you file your case. To win your case, you have to show evidence that your injury was caused by the other party. A qualified lawyer has experience building a case through expert witnesses and other evidence. If you want a free consultation to discuss the merits of your case, call Kubota & Craig Trial Attorneys today.