In every premise liability lawsuit, you and your personal injury lawyer will have to prove that the property or business owner is responsible for any damages due to an injury you suffered on their property. In all states, including Rosemead, California, owners that occupy a property must take reasonable and rational measures to maintain a safe environment for visitors to their business or property of any kind.
In premise liability cases, California defines the owner’s responsibility clearly as “everyone is responsible, not only for the result of their acts but also for an injury occasioned to another by their lack of ordinary care or skill in the management of their property or person.”
However, determining who’s at fault in a premises liability case can be legally complex. Premises liability cases require that you, as the victim, prove that you were injured or harmed due to the property owner’s or manager’s negligence.
You, and your Rosemead personal injury lawyer, must present your case to prove that:
- The defendant (the owner or lessee of the property) leased, owned, occupied, or was controlling the property where your accident took place.
- The defendant acted negligently regarding the use or the proper maintenance of the property.
- You, as the plaintiff, were injured or hurt.
- The defendant’s negligence was the primary factor and caused or instigated your injuries.
Legally, all property owners or lessee’s have a “duty of care” to maintain their premises so that it is safe for customers and visitors. A duty of care for a property owner is commonly defined as any actions that a reasonable property owner should take, or should have taken, in similar circumstances to maintain adequate safety for patrons or guests.
It is becoming clear, however, that these “premises liability” cases can be detailed, complex, and difficult to prove. So, if you want to receive the compensation you rightfully and legally are entitled to, consulting with a skilled, experienced Rosemead premises liability lawyer is mandatory.
What Should I Do Immediately If I’ve Had a Premises Liability Accident?
Many types of personal injury cases can be legally classified as premises liability cases. These include slips and falls. snow and ice accidents. inadequate maintenance of the premises, falling debris due to construction or inadequate maintenance, and many more.
Also, premises liability cases (slip & falls, etc.) are a leading case for hospital emergency room visits. If you’ve been injured in an accident on someone else’s property or due to anyone’s fault, it’s vital to understand that you (or someone assisting you) must try to document everything that occurred as accurately as possible.
Here are a few particularly important things to remember:
- First, get immediate medical help – See that a doctor treats you as soon as possible so that they may determine just how seriously you are hurt, and at the same time obtain a written professional diagnosis of just what was inflicted upon you. This information is vital to you receiving the money needed to recover.
- Identify exactly what happened or what caused the incident – Write down your thoughts, or get help to record them, as soon as possible. This information can aid the medical staff in treating you and prove invaluable in court to help your personal injury lawyer prove your case.
- Take photos and get names of witnesses – This also will help your medical team and help you definitively prove what occurred. If you cannot do this yourself, have a friend or someone at the scene assist you.
The more accurate and detailed information (including photos, witnesses, etc.) you obtain at the scene the better it will be for you to be accurately medically treated, and help your Rosemead premises liability lawyer get you the funds needed for you to recover and financially thrive.
Does My Purpose for Being on the Property Affect My Premises Liability Case?
This may seem like an odd question, but the simple answer is “Yes it does.” One of the first things that will be determined is your status or relationship to the owner and their property. This could play a crucial role in helping you to prove and win your premises liability case.
Your status will usually fall into one of three broad categories:
- You are an invitee – When you visit a grocery store, shopping mall, or any other place of business, you are an invitee. All owners must provide exacting standards of reasonable care for invitees and monitor conditions frequently.
- You are a licensee – This group includes family, friends, tradespeople, or other guests that the property owner has granted permission to be on their property. For example, you throw a party in your home, so your guests have permission to be there.
- A Trespasser – The fact that you’re a trespasser lacks the property owner’s permission to be on their property makes it extremely hard for you to win your case. Property owners do not owe trespassers a standard of reasonable care.
All this, again, can be complex but a competent personal injury lawyer will know how to address these, and other issues, with professional legal knowledge and guidance.
What Are the Most Common Types of Premises Liability Claims?
Premises liability claims fall into a broad category of personal injury law which includes a variety of situations and claims. You may very well be surprised by the various accidents these cases apply to.
Some of the most common types are:
- Lack of maintenance: There are a myriad of building elements that can become dangerous if they are not maintained properly.
- Poor security: Part of a property manager, home or business owner’s job is to provide safe premises for tenants, customers, and employees. In today’s world, this is becoming more significant.
- Slip and fall hazards: Slip and fall accidents are the most common type of premises liability claim. These can occur when the property owner doesn’t properly maintain sidewalks, staircases, or parking lots, etc.
- Unrestrained dogs: Property owners must keep their dogs restrained, especially if the animal has aggressive tendencies.
I Have Been Injured and May Have A Premises Liability Claim, How Should I Proceed?
If you’ve been injured on someone else’s property or place of business, don’t suffer in silence, or try to negotiate with them, or insurance companies alone! These cases are legally complex, and insurance companies have scores of lawyers to help them. The Rosemead Law Office of Daniel Deng is extremely successful in navigating premises liability cases and getting fair and just compensation for their clients. Consult with them immediately and get the financial help you need to recover and financially protect your family and yourself.