(866) 500-4141
24 hours 7 days a week

The Important Things You Need to Know about Premises Liability

premises liability cases
Credit: / iStock by Getty Images

When you walk up the stairs to your apartment or enter a grocery store or restaurant, you might be thinking that there is absolutely no way for you to meet an accident, especially when the conditions around you won’t seem to put your life in peril. However, you may not even realize that you are walking up a staircase that has some kind of a defect, or you are entering a restaurant or grocery store in which a certain floor area is freshly mopped. In such conditions, there is that big chance of you getting injured through slipping or tripping and then falling down.

Indeed, it is never safe to assume that entering a residential or commercial building won’t result in an accident. To begin with, not all people or entities that own such properties are able to maintain any part of these areas in good condition. Failing to check any existing conditions within the property to see if they pose a hazardous risk to the lives of others is considered negligence. Thus, the property owner may be held liable for any injuries a person entering the premises may incur due to the former’s lack of effort to address a hazardous condition within the property. In this instance, the owner is likely to face a premises liability lawsuit filed by the injured party.

The legal term “premises liability” refers to a property owner’s responsibility towards another person’s incurred injuries and other damages that is directly because of the unsafe condition within the premises. Such cases fall under personal injury; therefore, the person injured because of an existing hazardous condition in the premises is entitled to seek monetary compensation for the losses he or she incurred. However, the burden of establishing proof of the property owner’s negligence falls on the victim. In this regard, it would be imperative for him or her to hire a legal counsel who can help him or her in this legal battle against the negligent party.

Whether the case stemmed from an accident in which the person slipped or tripped and then fell or from an accident that occurred in the workplace, it is imperative for the injured party to establish in the claim or lawsuit that the property owner was negligent. In proving so, the claim or lawsuit must have enough evidence to support the argument that the property owner or anyone authorized to ensure that safety of other people using the premises must have known or should have been aware of the existing hazardous condition before anyone could suffer any harm because of it.

To begin with, the person or entity in-charge of the property must have been able to inspect on a regular basis every part of the property to see if there needs to be fixed or repaired. Any hazardous condition present, like dirty or slippery floor surfaces, broken tiles, poorly-constructed staircases and walkways, and other objects scattered on the floor, should be dealt with accordingly to avoid injuries. It is up to the injured party to show in the claim or lawsuit that the property owner failed to do the job, and that there was negligence involved.

It is said that premises liability cases are quite hard to prove and may take quite a long time to finish. However, injured parties involved in slip and fall and other accidents inside or outside the property should not get discouraged. Hiring the services of a premises liability attorney in California who can help them secure compensation for their injuries and other losses is imperative. Though that is the case, a California premises liability law attorney must have the experience and the ability to protect the injured parties’ interests, making sure that their rights are protected and that they are fully compensated for the damages they incurred.