Premises Liability
Southern California Premises Liability Lawyer
West Covina Slip & Fall Attorney
The term premises liability typically refers to being injured on another persons property due to unsafe conditions. Slip and falls and dog bites are the two most common type of premises liability case but there are many variations of premises liability cases. Some of these are swimming pool accidents, fires, explosions, roof cave-ins, inadequate lighting, inadequate security, assault & amusement park accidents. Any building or open space can become the scene of a premises liability accident. These include offices, sports facilities, private homes, patient care facilities, nursing homes & treatment centers. If you have been injured due to negligent property maintenance or upkeep it may make sense to call a skilled West Covina Slip & Fall Lawyer. The Law Office of Michael D. Payne handles all types of personal injury cases including premises liability claims. Mr. Payne can be contacted at 626 593 1109.
Liability & Property Owners
A property owner has a responsibility to keep their property safe from hazardous conditions. If this obligation is not met they may be held liable for any accident or injury occurring on their premises. In addition to the owner, property managers, contractors, tenants and corporate entities bear that same responsibility. Frequently, from a legal standpoint it is imperative to determine who has control of the property when pinpointing who is liable. The controlling party typically must exercise their control to the extent that the property is maintained in an attempt to prevent accidents or injuries. If more than oner person or party has the right to control the property then all can be held accountable legally if an accident or injury occurs. Often times, this can lead to a vicarious liability lawsuit.
Common Injuries Sustained In A Premises Liability Accident
Soft Tissue Injuries
Fractures
Dislocations
Sprains/Strains
Permanent Scarring/Disfigurement
Sexual Assault
Loss Of Use/Paralysis
Wrongful Death
Negligence, Comparative Negligence & Duty To Inspect
Just by virtue of owning a property or inhabiting a real property does not automatically mean the owner or tenant is liable for accidents or injuries occurring on property. Negligence must be proven in terms of the owner or occupier of the property. If they were aware of the unsafe condition and neglected to correct it they can be found at fault.
On the other hand, a visitor on someone's property has a duty to conduct themselves properly. By that it is meant that if an unsafe condition, or dangerous behavior could likely end in an accident or injury than the owner or tenant may not be at fault. If it is that blatant of a safety discrepancy they may not even have to warn others about it. If both visitor and owner/occupier are each at fault a legal concept called comparative negligence may be applicable. In a case of comparative negligence the percentage of the victim's fault is compared to the percentage of the defendant's fault. The victim's ability to recover damages will be reduced by their percentage of fault.
Duty to inspect refers to the owner or occupier responsibility to routinely inspect the property for unsafe or potentially unsafe conditions. If an unsafe conditions is discovered upon inspection the owner/occupier has a duty to rectify the situation. Failure to do consistent inspections could ultimately make owner or occupier vulnerable to a premises liability lawsuit.
