Personal injury law has a part called “premises liability.” This part of the law deals with injuries that can happen on someone else’s land. Under the concept of premises liability, property owners are liable for injuries and crashes on their land. But it’s not that easy. For a property owner to get mentioned in a premises liability claim and be held responsible for injuries sustained on their land, the injured party must prove the following:
- The property owner had a duty of care to the plaintiff.
- The property owner broke the duty of care given to the plaintiff.
- The plaintiff would not have been hurt if the duty of care had not been broken.
Premises Liability Accidents and Injuries
The law on premises responsibility can cover many kinds of accidents. Here are some of the most common reasons why our lawyers take on cases related to premises liability:
- Problems with the building code or unsafe situations
- Railings or fences not there
- Blockage in the way
- Lack of security
- Bad building work
- Stair accident
- Dog bite accident
- Accident in the swimming pool
- Amusement park accident
- Leaks or floods of water
- Accidents on snow and ice / dangerous conditions
The most common harms we see in cases involving premises liability are:
- Bone fractures
- Burn Injury
- Ligament fractures
- Neck injuries
- Shock and death by electricity
- Slip-and-fall injuries/fall accidents
- Spinal cord damage
What Types of Damages Are Available in a Premises Liability Claim?
Damages in a premises liability lawsuit can be substantial. As a victim of an accident, you should be aware of damages you may be eligible for:
- Medical expenses – These expenses range from the date of your accident to any prospective long-term medical costs, including surgery, physical therapy, rehabilitation, and medication costs.
- Lost savings – After sustaining an injury, you may be required to take time off work to rehabilitate physically. Lost savings may include salaries, gratuities, bonuses, and any lost long-term earning potential.
- Property damage – if you have suffered property loss or damage due to an incident caused by carelessness, you may be able to recover compensation as part of your premises liability claim.
- Pain and suffering – Depending on the seriousness of your injuries, you can recover damages and compensation for pain. If your injury has lasting effects that force you to alter your lifestyle, your compensation payout will be far greater than a minor injury.
- Emotional distress – Following a premises liability accident, a victim may need to adjust to new psychological changes. Injury may result in depression, anxiety, and post-traumatic stress disorder.
- Loss of company – Loss of group in a claim for compensation can account for the effect the disaster might have on the people you love, such as your spouse. This includes the loss of intimacy, companionship, and the ability to deliver children.
Talk to one of our premises liability attorneys if you got hurt on someone else’s property.
Imagine that you got hurt on someone else’s property and that those injuries could have been prevented by taking better care of the buildings or land. In that case, you may be eligible for compensation. Call Garcia & Phan at (714) 586-8298 to get a premises liability attorney to fight for you.