What Is Premises Liability?

You’ve just finished having a meal at a restaurant that you’d been looking forward to trying. As you stand to leave, you trip on something on the floor and fall, landing on your back. Just like that, your day is ruined, and worse, you might be in excruciating pain, medical bills are likely to pile up fast, and you might have to miss work for a while, sometimes forever.

While this is just one of the many ways a premises liability suit can arise, it shows the constant factor in such cases: negligence. Property owners, lessees, businesses, and so on are required to take reasonable care in providing a safe environment for their visitors or other people using the premises. Failing to do so, they can be held legally liable for any injuries or damages that may arise.

Unfortunately, most victims don’t quite understand what premises liability is. Laws also vary from one state to the other, while others are still being developed. This can make it challenging to navigate your California premises liability case on your own. But a San Diego personal injury attorney from The Kindley Firm, APC, can offer the support you need to pursue compensation.

Common Examples of Premises Liability Cases

Premises liability cases are significantly common because personal injuries can arise from various scenarios and in different settings.

Different types of premises liability accidents can occur from:

• Faulty conditions in the building, such as a poor electrical wiring
• Slip, trip, and fall accidents
• Assault or injuries caused by insufficient security on the premises
• Poor premises maintenance and management, such as a loose railing
• Homeowners who fail to warn social guests of a known hazard
• Dog attacks
• Ice and snow accidents
• Inhaling toxic fumes
• Building fires
• Among others

However, being involved in any of the above incidents does not guarantee a premises liability case. You’ll have to prove that the party you are suing was negligent and caused your injuries.

How to Prove Negligence for Premises Liability

When it comes to premises liability, proving fault and recovering damages depends on where the accident happened. For instance, a workplace injury will be treated differently from one that occurs on residential property.

In addition to proving a breach of duty of care, your attorney will have to show one or more of the following:

• The property owner was aware of the hazard but did not correct it.
• The property owner should have known about the risk and taken the necessary reasonable actions.
• The property owner built or caused the hazard.

Things That Can Affect a Premises Liability Lawsuit

Premises liability cases are complex because there are numerous additional factors to consider for compensation eligibility. It’s best to have a premises liability lawyer by your side to ensure that nothing hurts your chances of receiving compensation for your losses.

Entrant Status

In some states, the extent to which you can be compensated depends on whether you were an invitee, licensee, or trespasser on the premises. This is your entrant status. However, most states, including California, also look at whether the property owner took steps to provide care and prevent harm as a reasonable person would.

Comparative Negligence

In a bid to reduce their liability, the liable party might also argue that there are actions you could’ve taken to prevent the accident. Under California’s comparative negligence laws, a plaintiff who’s partially responsible for their injuries will receive a settlement amount that’s less their percentage of fault.

Statute of Limitations

Another thing that can affect your premises liability case is waiting too long to file your lawsuit. The statute of limitation for personal injury cases in California is around two years, after which you’re likely to be barred from pursuing compensation. Check with a lawyer to see what your options are.

Damages You Can Recover under Premises Liability

There are two categories of damages you can recover from a premises liability lawsuit: economic and non-economic damages.

Economic damages refer to the quantifiable monetary losses you have suffered from the accident, such as medical bills, ongoing treatment costs, lost wages, and property damages.

Non-economic damages are the unmeasurable losses that are more difficult to quantify. Things such as physical pain, emotional distress, and loss of consortium may require an attorney to help you calculate the total value of your claim.

Get Help from a Premises Liability Lawyer

Personal injuries arising from premises liability accidents can occur nearly everywhere and in multiple ways. Regardless of the particulars, it’s crucial to identify the negligent party and hold them accountable for your damages.

Connect with a premises liability lawyer from The Kindley Firm, APC, to fight for the compensation you deserve. We’ll review your case in a free, no-obligation consultation and advise you on the best way forward.

Talk to us by calling 619-550-1313 or completing the contact form below.