Under California law, a property owner may be liable for injuries that occur on their property. The injured person may be entitled to compensation for their injuries if the property owner was negligent. Often, premise liability cases involve slip and falls on the property, but there are other types of injuries that could result in a premises liability claim. Premise liability cases may involve accidents happening on a homeowner’s property, as well as stores and businesses, and even amusement parks and water parks.
If you have been injured on the premises of another and are considering filing a lawsuit, contact California premise liability attorney Johann Hall. Attorney Johann Hall has handled many premise liability cases over his many years in practice. Contact our office today to schedule a consultation to meet with lawyer Johann Hall to discuss your potential premise liability case.
Establishing Negligence
In order to hold a property owner liable in civil court for an injury you suffered on their premises, you will have to establish that there was negligence on the part of the property owner. There are four elements you must prove to demonstrate negligence.
First, you must show that the landowner owed you a duty. This element requires that you show that the property owner had an obligation to take measures to ensure that visitors to the premises would not be harmed. Next, you must demonstrate that the landowner breached (failed to fulfill) the duty that they owed you. Third, you must prove that you suffered an injury. Finally, you must show that the injury you suffered was the direct and proximate cause of the injury that you suffered.
Duty of Care
The first element, proving that the landowner owed you a duty, is heavily dependent on the facts of the case. For example, the owner of a store that regularly invites customers in to purchase items will be held to a different standard than a person who rarely entertains guests in their home.
Store owners can be considered negligent when a customer or any invitee to the store is injured on the premises if the store owner failed to regularly inspect the premises and failed to make it safe or warn of any hazards. In contrast, a landowner is held to a different standard. Typically, the landowner will be considered negligent if they knew, or should have known about a hazardous condition on the premises and did not correct it or warn their guests about it.
There are certain exceptions to these rules like there are in many areas of the law. For instance, sometimes a hazardous condition will be so obvious that any person could be reasonably expected to notice it. In that case, a landowner may not be found to be negligent for a person’s injury on their property if the hazard was extremely obvious.
Compensatory Damages
If you are able to establish all elements of a negligence claim, you may be entitled to compensatory damages for your injury. Compensatory damages include payment of the medical bills that you owe as a result of your injury on the premises, as well as compensation for any continued medical care that you may need in the future to fully recover from your injuries.
You may also be able to receive compensation for lost wages for the period of time you were required to remain off of work due to your injuries. Generally, a claim for lost wages must be supported by a doctor’s note. In very serious accidents that may impact your future ability to work, you may also be able to recover compensation for your lost earning capacity. Another form of compensation you may receive is for the pain and suffering you experienced due to the injury. Your attorney will be able to explain what forms of compensation are available to you in your case, which is heavily dependent on the facts in your case as well as the seriousness of your injuries.
If you have been injured on the premises of another person or business, California premise liability lawyer Johann Hall may be able to help you get the compensation you deserve. Contact our offices today to set up a meeting to discuss your injuries and the facts surrounding your case. Since there are certain deadlines by which a personal injury case must be filed, it is important to speak with an attorney regarding your potential claim as soon as possible so that you do not miss the opportunity to pursue compensation for your injuries.
FAQs About Premise Liability Cases in California
What is premise liability under California law?
Premise liability refers to a property owner’s legal responsibility for injuries that occur on their property due to negligence. This may include slip and falls, accidents at stores, homes, or amusement parks, and other incidents resulting in injury.
How can I determine if I have a premise liability case?
To determine if you have a premise liability case, you need to establish negligence on the part of the property owner. This involves proving four key elements: duty of care, breach of duty, injury suffered, and causation.
What is duty of care in a premise liability case?
Duty of care refers to the property owner’s obligation to maintain a safe environment for visitors. The level of duty varies depending on the type of property and the relationship between the owner and visitor.
What constitutes breach of duty in premise liability cases?
Breach of duty occurs when a property owner fails to fulfill their obligation to maintain a safe environment. This could include failing to address hazards or failing to warn visitors of potential dangers.
What types of damages can I recover in a premise liability case?
In a premise liability case, you may be entitled to compensatory damages, including medical expenses, future medical care, lost wages, lost earning capacity, and pain and suffering.
How do I prove negligence in a premise liability case?
Proving negligence requires demonstrating that the property owner knew or should have known about a hazardous condition and failed to address it. Evidence such as witness testimony, documentation of the incident, and property maintenance records can support your claim.
Are there exceptions to premise liability rules in California?
Yes, there are exceptions, such as when a hazardous condition is considered obvious to a reasonable person. In such cases, the property owner may not be held liable for injuries resulting from the obvious hazard.
What should I do if I’ve been injured on someone else’s property?
If you’ve been injured on someone else’s property, seek medical attention immediately and document the incident. Then, consult with a premise liability attorney like Johann Hall to discuss your legal options.
Is there a deadline for filing a premise liability lawsuit in California?
Yes, there are deadlines, known as statutes of limitations, for filing premise liability lawsuits. It’s crucial to consult with an attorney as soon as possible to ensure you don’t miss the opportunity to pursue compensation.
How can attorney Johann Hall help with my premise liability case?
Attorney Johann Hall has extensive experience handling premise liability cases in California. He can provide expert legal guidance, negotiate with insurance companies, and represent your interests in court to help you obtain the compensation you deserve.