Owners of a property are responsible for protecting or, at the very least, warning their guests about potential hazards. If someone gets injured on the property because they weren't aware of the dangers, then the owner may be held liable for damages to cover financial and emotional losses associated with their injury.
Broken stairways, slippery floors, open wires, and other potentially dangerous hazards should be addressed as soon as the owner can. However, if they can't address or fix the issue at the moment, they need to ensure that people are kept away or warned about the hazards around them.
The first step to filing a premises liability claim is identifying a defendant or a liable party. In other words, you need to know who's at fault.
Here's what our California personal injury lawyers have to say about it:
How To Identify Liable Parties In California Premises Liability Claims
When deciding who's at fault in a premises liability claim, your Los Angeles Personal Injury Lawyer will consider the following factors:
1. Property's state, the owner's behavior, and visitor behavior
This universal rule regarding premises liability is that owners should exercise reasonable care for the security of all visitors, except for trespassers. Several factors should be taken into account:
- Circumstances surrounding the visitor's admission into the property
- The way the property is used
- Whether the accident was anticipated or foreseeable
- Owner's attempt to warn guests of a dangerous situation or perform reasonable fixes
Remember, not all premises liability claims are the same. How your case is handled and processed depends on the facts of your case. So, work closely with your Los Angeles Personal Injury Attorney to take the proper steps.
2. Trespassing
If owners know that trespassers will enter their property, they may be required to provide reasonable notice to prevent injury. However, in California, the owner can only be held accountable for the harm or death of trespassers under specific circumstances. One of the most common examples is swimming pools, as it often attracts teenagers who need to be warned about the possible risks of breaking into the property.
Again, premises liability and personal injury lawsuits in Los Angeles can be complicated, especially when several variables affect how they are handled. Therefore, before choosing your course of action, speak with your Los Angeles personal injury attorney.
3. Minors
Even if they are trespassing or have strayed off without the owner's consent, the owner must notify any children or minors on the property. A property owner should issue a warning or sign if they know—or ought to know—that kids are likely to be on the premises.
Very small children need adult supervision as well. Either watch them yourself or warn their parents about hazards like slippery floors or broken stairs.
4. When you're both partially at-fault
The injured party's partial liability is one of the most frequently used defenses to premises liability claims. However, visitors are often accountable for using reasonable caution to ensure safety.
If that care is not utilized correctly, the plaintiff's recovery may be limited or lessened by their fault.
In personal injury cases, California uses a method known as "comparative blame." This means that from the total damages the plaintiff will be awarded, a part proportionate to their liability will be subtracted. Therefore, if you're 10% liable and your total recoverable damages are $100,000, you will receive $90,000 in damages.
Hire The Best California Personal Injury Attorneys
1000Attorneys.com provides trusted lawyer referral services in California. We can refer you to the Best Personal Injury Attorney in Los Angeles fit to handle your unique case. We ensure you're linked with a prescreened, experienced, and trusted attorney.
Fill out our form for a free case review, or contact us through our 24/7 live chat.
0 Comments