If you have been injured while on another’s property, you may have a valid premises liability claim – When we visit a location for work or leisure, we have a right to expect the property to be reasonably safe from dangers. When a hazard presents itself, it is the responsibility of the owner or property caretaker to ensure that the hazard is taken care of or that those visiting the property know about the potential danger. If a property owner or caretaker has failed in this responsibility and an injury has ensued, the victim has the right to file a premises liability lawsuit.
Factors That Could Lead to a Premises Liability Lawsuit
There are a multitude of situations that could lead to an accident in another’s property. A majority of them, however, will be caused by the negligence of the property caretaker. The following are common examples of situations that could cause the injury of a person:
Unmaintained Walkways – When a walkway is uneven or there is a significantly large crack in the floor, this could lead to a person’s slip, trip or fall. Slips, trips and falls are very common and although they sound insignificant, they have the potential to cause serious injury on a person. For example, a person that has slipped and fallen because of liquid substance that was not cleaned can undergo a pelvic fracture, spinal cord injury, or a head injury. These injuries can lead to lifelong pain and costly medical treatments.
Unmaintained Building Infrastructure – Whether or not a building is frequently visited or occupied, the building’s infrastructure will undergo wear and tear that may include jagged surfaces, leaky pipes, and weak stairwells. A building that is not maintained can present many hazardous conditions for those that enter the property. In the State of California, building owners or property managers have the duty or reasonably ensure that the property is free from dangers.
Insufficient Lighting – Buildings, particularly apartment complexes need to have sufficient lighting in order to prevent a person from falling or tripping over an unseen bump on the walkway. Lighting is also essential in preventing the danger of being physically assaulted.
Elements Needed to Prove a Case
In order to prove a premises liability claim, the claimant will need to prove that he or she was harmed in the property and to do this, the following elements need to be present:
- The accused party owned or occupied the property;
- The accused was negligent in the maintenance of the property;
- The claimant sustained bodily injuries; and
- The accused’s negligence was the main factor in what caused the claimant’s injuries.
Consult an Experienced Personal Injury Attorney
An injury caused because of the negligence of another can have very costly consequences. If you were injured while in another’s property you may have the opportunity to obtain financial compensation for your injuries. Speak to a skilled personal injury attorney who can help you build a strong case.
The premises liability claims attorneys at SANFORD A. KASSEL, A Professional Law Corporation have many years of dedicated experience assisting victims of negligence obtain the restitution they deserve. When it comes to premises liability lawsuits in California, time is critical; seek legal representation as soon as possible.
