Under the category of personal injury law, there are subcategories to the practice. There are auto accident injuries. There are medical malpractice claims. There are also premises liability claims. Premises liability claims pertain to those instances where a person visiting a property is injured by a dangerous condition. Here, we talk more about what a premises liability claim involves.
Understanding a Premises Liability Claim
In California, property owners, occupiers, and those who otherwise possess or control property, have a duty of care to keep their property reasonable free from hazards. This duty means that the person in control of the property has a duty to maintain the property in a safe way. He or she also must regularly inspect the property for hazards and resolve any potentially dangerous conditions in a timely manner. Adequate warning of any potentially dangerous condition must be provided as well.
In order to successfully bring a premises liability lawsuit, the claimant must prove several elements. In order to satisfy the required elements, the claimant must demonstrate that:
- The defendant owned, leased, occupied, or had control over the property;
- The defendant breached the duty to maintain reasonably safe property conditions;
- The plaintiff was harmed; and
- The harm sustained by the plaintiff was a result of this breach of duty
These elements can be very difficult to prove. Gathering evidence to support a premises liability claim may include things such as video surveillance of the incident, witness statements, incident reports, and medical records.
While many people may not be familiar with the phrase “premises liability,” many people will be familiar with some of the more common types of premises liability claims. For instance, slip and fall accidents are considered to be premises liability claims. Additionally, dog bite claims as well as injuries caused by other animals are considered to be premises liability claims. Injuries that occur at places such as waterparks and amusement parks are also usually considered to be premises liability claims as are construction site accidents.
In a successful premises liability claim, the injured party has the right to seek compensation for the injuries and harm resulting from the accident caused due to the negligence of someone who owed them a duty to keep them safe. The plaintiff, or injured party, has the right to seek economic damages, such as:
- Cost of medical care
- Physical therapy bills
- Cost of future medical care
- Lost wages
- Loss of earning capacity
Economic damages are those that are easily quantified. There are, however, some damages that are very difficult to put a number value on, but still represent real harm sustained by the plaintiff. Non-economic damages include things such as pain and suffering experienced by the plaintiff as a result of the trauma of the accident and the resulting injuries.
Personal Injury Attorneys
SoCal Injury Lawyers is committed to aggressively representing those injured due to the negligence of another. We tirelessly pursue our clients’ rights to be compensated for their losses. Contact us today.