California personal injury law considers premises liability. If you get into an accident on someone else's property, the owner might be regarded as responsible for your injuries.
However, it's not always that simple. What about trespassers? Can you and the premises owner both be at fault? How does awarding damages work, then?
Let's look at what our prescreened California Personal Injury Attorneys have to say about it:
Identifying Liable Parties For Premises Liability Cases In California
Like most California personal injury cases, you can't just sue anyone. You'd need to show proof of the following:
- The owner had a duty of care (i.e., warn guests, barricade hazardous areas, etc.)
- The owner breached their duty of care (i.e., failure to warn, etc.)
- The breach of the duty of care directly caused your accident.
- The accident resulted in financial and emotional losses.
If you're unsure how your case would be eligible for a premises liability claim in California, contact a California Personal Injury Attorney.
Factors Considered In Identifying Fault In Premise Liability Claims In California
That said, the previous section just went through the basic scenario. If relatively easier to determine fault if the premises' owner is obviously negligent and breached the duty of care.
Here are other factors that might affect the case:
1. Condition of the Property, The Owner's Actions, And The Visitor's Behavior
Except for trespassers, this universal norm mandates the use of reasonable care for the safety of all visitors. Examining several variables is necessary to determine if the owner has acted reasonably.
Here are a few things that need to be considered:
- Circumstances of entry to the property by the guest
- The usage of the property
- Whether the accident was foreseeable or expected
- The owner's effort to advise visitors of a hazardous condition or make reasonable repairs
Remember, premises liability cases and how they're handled depend on the specifics of your case. Consult your California Personal Injury Lawyer to advise you on your basic legal options.
2. Trespassing
If the owner is aware that trespassers are likely to enter the property, they may have an obligation to give a reasonable warning to avert harm. Only in particular conditions can the owner be held liable for injuries and death of trespassers in California.
Again, liability and personal injury claims can be complex, especially with factors affecting how it's handled. Contact your Los Angeles Personal Injury Lawyer before deciding what to do next.
3. Minors On The Property
The owner has the responsibility to warn children or minors who are on the property, even if they're trespassing or have wandered off without the owner's permission. If a property owner knows—or should know—that children are likely to be on the property, they should warn them or install signs.
4. When There Is Joint Liability
One of the most common defenses to premises liability claims is that the injured party was partially to blame for what happened. However, in most circumstances, a visitor is responsible for taking reasonable precautions for their safety.
The plaintiff's recovery may be restricted or diminished by their own negligence if that care is not used adequately.
In personal injury lawsuits, California follows a "comparative fault" system. This means that a proportion equal to the plaintiff's liability will be deducted from the total damages they will be awarded. So, for example, if you were found to be 10% at fault and your total receivable damages is USD 100,000, then you'll be awarded USD 90,000.
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