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Property owners have a duty to keep their land and facilities safe for those who are reasonably expected to be using their property. When you’re hurt on someone else’s property—whether your accident occurs at a hotel, grocery store, construction site or elsewhere—the owner may be held responsible for your injuries.
Read on to find out just what the law has to say about California premises liability, and whether or not you might have a case.
In a premises liability lawsuit, you’ll have to prove that you were injured because of the way the property owner or manager managed (or mismanaged) the property. For example:
You’ll have to prove all of the above in order to recover damages from a premises liability case, which can be extremely difficult without a good lawyer.
Property owners have a certain duty of care regarding what is expected of them when managing their property, and premises liability lawsuits revolve around whether or not the defendant breached their duty of care or not. To make that decision, juries consider many factors, such as:
There are a number of people who could be held responsible, including anyone who owns, leases, occupies or controls the property. This could be a single person or numerous people depending on the property.
Even if the property owner delegates maintenance duties to someone else—such as a contractor—he or she is still responsible for the state of their property and liable for unsafe conditions and injuries.
That means that for premises liability lawsuits, the defendant could be any of the following:
Again, the defendants in your case will depend on the property at which you were injured.
No two injuries are the same, but some locations and types of injuries are more common than others, such as:
While property owners may not be liable for injuries caused by trivial or minor damage, several factors can add up to show that the owner should have been aware of the damage, such as:
Damages are typically broken down into 3 categories—economic damages, non-economic damages, and punitive damages.
Economic damages are aimed at compensating you for precise dollar amounts that you have lost or will lose because of your accident, such as:
Non-economic damages compensate the victim for losses that do not have a set value, like:
Finally, punitive damages are designed to punish property owners for particularly reckless or intentionally malicious behavior.
Proving that the property owner where you were injured is responsible for your accident can be tough without the right lawyer at your side. If you’re wondering just how strong your case might be, give us a call or fill out the quick form below, and let’s get started planning the next step to recover the compensation you deserve.
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