Get The Compensation You Are Eligible For After Being Injured Because Of Property Owner Negligence
Under California law, property owners have a legal obligation to ensure that their premises are safe and free of preventable and dangerous hazards that could cause an injury. When you enter the premises, you are entitled to have a reasonable expectation that they have exercised their due diligence in implementing safety standards.
Nevertheless, many Californians are seriously injured in premise liability involving slip-and-fall accidents, construction site accidents, injuries caused by animals, and being injured on stairs. If you have been injured due to a property owner’s negligence and lack of concern for the safety of others, you need to seek legal representation immediately.
At KRA Legal, PC, we are committed to fighting for justice for those injured in premises liability accidents. You may be eligible to recover financial compensation for your injuries, pain, suffering and lost wages. Contact our law office and ask to schedule a free consultation to discuss your case.
What Is Duty Of Care In Premises Liability?
California law stipulates that individuals who own, control or possess property have a legal obligation to exercise a degree of reasonable care. This means that property owners must do the following:
- Maintain their property
- Inspect their property regularly
- Make any necessary repairs in order to prevent dangerous conditions
- Give sufficient warning about the presence of potentially dangerous conditions
If the property owner fails to carry out any of the obligations as described and an individual is hurt; as a result, the injured party may be able to file a premises liability claim to recover compensation. Holding a property owner responsible after they fail to protect visitors from dog bites is an example of premises liability.
How Do Slip-And-Fall Accidents Relate To Premises Liability Law?
One of the most frequently reported premises liability incidences involves slip-and-fall accidents. Property owners and managers are obligated to ensure that the environment they are responsible for is free of potential hazards that could cause visitors to slip and fall and subsequently cause serious injuries.
Some of the most problematic hazards that contribute to slip-and-fall accidents include the following:
- Wet floors
- Spills or leaks
- Uneven floors
- Loose carpeting
- Broken or missing handrails for stairs
- Uncovered cords or cables on the ground or walkway
- Failure to post warning signs about potential safety hazards
- Failure to properly close off a construction sites
One of the leading causes of slip-and-fall accidents occurs when owners or managers fail to put out “wet floor” warning signs if there has been a spill or a leak or if the floor has been recently mopped. Slip-and-fall accidents can result in the injured party sustaining severe head, back and leg injuries.
What Four Elements Should Be Present In A Successful Premises Liability Case?
A common misconception among the general public is that if an individual slips and falls on another person’s property, they are automatically entitled to receive a financial settlement. However, this is not how premises liability law actually works.
In order to successfully win a premises liability case, there are certain elements that the plaintiff must be able to prove. They are as follows:
- The defendant owned, occupied, leased or controlled the property in question.
- The defendant was negligent in the maintenance or use of the property.
- The plaintiff was harmed as a result of the property owner’s negligence.
- The defendant’s negligence was a significant factor that contributed to the plaintiff’s injuries.
The duty of care law in California is based on the assumptions of what a property owner should do when using a degree of reasonable care in similar circumstances. Therefore, a jury may consider some of the following factors when deciding whether or not the defendant breached the duty of care such as:
- Whether or not the owner should have reasonably known that a hazardous condition existed
- The likelihood that an individual would come onto the property in the same manner as the plaintiff
- The likelihood that an injury could occur
- The probability of a serious injury occurring
- The location of the property
Ask an attorney which of these factors may be most important in your case.
What Type Of Damages Can Be Recovered In A Premises Liability Case?
If you have been injured caused by the negligence of a property owner who failed to maintain a standard of safety on their premises, you may be entitled to recover both economic and noneconomic damages.
Economic damages are awarded in an effort to reimburse you for the money you have previously paid and will have to pay as a result of your injuries. They include:
- Medical expenses such as money spent on hospital bills, prescription medications, physical therapy or rehabilitation. This also includes money that you may have to spend in the future on medical treatments and other care.
- Lost wages are awarded to recover the money you lost from being unable to work.
- Loss of future earning capacity is awarded if you are unable to return to the same type of employment that you participated in before being injured.
Noneconomic damages are based on your individual circumstances and can be different for everyone and include the following:
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
If you have been injured on another person’s property due to negligence, you may have a premises liability case. It should be noted that individuals who are trespassing or were illegally on another person’s property are generally not legally entitled to file a claim. There are strict rules as to who is eligible to bring a premises liability claim against a property owner. An experienced premises liability attorney can give you more information about the guidelines that surround these laws.
Get Answers And Advocacy Now
When you have been seriously injured in an accident due to another person’s negligence, the last thing that you need to worry about is being able to work and pay your bills. KRA Legal, PC, of Torrance, California, is a personal injury law firm dedicated to fighting for justice for those who have been wrongfully injured. We have a proven track record of recovering just compensation for our clients.