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.