On either public or private property, it is reasonable to expect whoever is in charge to ensure your safety on their premises. In California, property and business owners are required by law to ensure your safety by maintaining their facilities and displaying warning signs for potential dangers.
What is Premises Liability?
Premises liability applies when a person sustains a preventable injury on someone else’s property. According to California premises liability laws (CIV 1714), property owners — and in some cases, managers — are generally responsible for ensuring the safety of guests and employees on their property.
What Does Premises Liability Cover?
The scope of premises liability laws can encompass a variety of accident types. Consult a lawyer if you experience any of the following to determine whether the circumstances surrounding your accident fall under premises liability:
- Slip and fall accident
- Trip and fall accident
- Construction accident
- Drowning
- Poisoning
- Fallen object or building construction accident
- Dog bite attack
However, not all accidents mentioned above would automatically qualify as cases involving premises liability. Remember that the accident’s particulars and nuances play a significant role in determining whether a case can be pursued as a premises liability accident.
What is Premises Liability Insurance?
If motorists can obtain insurance to protect them from traffic collisions, property and business owners can also obtain premises liability insurance to cover accident-related damages that may occur on their premises. This type of insurance provides protection for third parties (guests, customers, visitors, etc.) who enter and exit a property.
In addition to slip-and-falls, the following incidents may result in a premises liability claim:
- Lack of security personnel, causing injuries from an assault
- Neglected icy parking lots
- Unmaintained or damaged floors, stairs, and sidewalks
- Accidents caused by faulty elevators or escalators
- Lack of signage or fallen signs
- Cords and other wirings left to obstruct halls or walkways
Why Do You Need Premises Liability Attorney?
Some accidents may appear simple, but the vast majority of cases involving premises liability require strategic investigation and legal argument formation. This is the case if you wish to maximize the compensation you receive to cover all of your damages. For your case, you’ll need to consider the following four elements of negligence:
- The owner of the property owed you a duty of care.
- The owner of the property breached their duty of care.
- The property owner’s breach of duty resulted in your injury.
- You suffered losses as a result of the accident.
The extensive experience of a seasoned premises liability attorney is necessary for constructing persuasive case arguments that yield positive results. As our attorneys at Garcia and Phan can outline your case argument and use these points, tailoring them to the specifics of your case.
In addition to strategizing your case arguments, our premises liability attorneys can also assist you in the following ways:
- Prove negligence
- Define the Cost of Damages
- Build a strong claim
- Negotiate a Settlement
- Proceed with important deadlines in mind
Conclusion:
Suppose you were injured on someone else’s property and your injuries could have been avoided with better maintenance of dwellings or land. In such a case, you may be entitled to compensation. Contact (714-586-8298) or visit us at Garcia and Phan Personal Injury Lawyers to start your premises liability claim.
