Premises liability involves the responsibility of property owners to maintain safe conditions for people coming on or about the property. In California, property owners are legally bound to provide a reasonably safe condition of property or, at minimum, warnings that the conditions of the premises may be unsafe. Negligent property owners must pay the victim damages that may include medical expenses, pain and suffering, loss of current and potential wages, and other damages.
Every year in the United States thousands of people are injured when they slip, trip or fall on the property of another such as a garage, supermarket, etc. If the business or property owner knows of a potentially dangerous condition, he or she must warn guests and mark the area to prevent harm. If he or she does not, a victim may suffer broken bones, soft tissue damage, and even brain injury or spinal cord injury, and the property owner may be held liable.
The most common premises liability cases involve individuals who slip, trip or fall because of a defect or hazard on another person’s property and those can included:
If an unsafe condition has caused you to fall or otherwise be injured on someone’s premises, you may be entitled to recover damages for your injury. If the defect that caused your fall was more than trivial, and the owner or person responsible for maintaining the property knew, or should have known, of the condition, they may be responsible for your injuries.
The first things you should do is document the condition of the property in a way that will show the physical characteristics of the height, width, depth, nature of the substance, etc. before someone goes out and repairs the condition. Take pictures if you can. Many times the owner of property, learning of an injury, will go out and perform a repair. They do this for two reasons: to eliminate evidence and to make sure no one else gets injured.
While many businesses and homeowners carry premises liability insurance, it is often insufficient to fully pay any significant damage compensation. To ensure that you receive the maximum compensation available, consult with an attorney who handles premises liability before talking with an insurance company. Insurance is a business, and like any business, their own interests and profit are their priority.
Not everyone who is injured is successful in their claim. It must be proven to the court that the property owner failed in their duty to maintain reasonably safe premises, that the owner failed to warn of danger that they were aware existed, or that the owner should have known the danger existed and made the victim aware of the risk.
If you have been injured on another party’s property, or if you are the survivor of a loved one who has died in a property-related mishap, please contact me today.
For Your FREE Legal Consultation CONTACT The Law Office of Marc Mabile Today!