Property Owner Liability
Visiting your local mall or grocery store should not place you in a dangerous situation. To minimize the frequency of injuries, property owners have a duty to provide visitors with a safe environment. The owners have affirmative duties to make sure that their properties are safe for the public.
Despite the requirements placed on property owners, slip and fall injuries have become more and more common. Victims of these incidents can be left with severe and significant injuries. Some types of hazardous conditions a property owner can be held liable for:
- Slip and fall;
- Pool accidents;
- Failure to properly maintain a grocery store;
- Injuries due to failures to provide adequate security;
- Broken steps;
- Raised Flooring;
- Ripped carpeting;
- Poorly lit walkways;
- Cluttered pathways;
- Building code violations; and
- Inadequate warning signs.
The Law Governing Premises Liability Cases
Deadline to file suit: In California, the statute of limitations to file a lawsuit in a premises liability case is 2 years under Code of Civil Procedure Section 335.1.
What needs to be proven in a premises liability case: A person injured while on another’s property pursues a property owner under a theory of negligence. The following must be proven:
- Duty: A property owner is obligated to maintain the property in a safe manner
- Breach: If a property owner fails to exercise reasonable care in maintaining his property, he is in breach of his duty and can be held liable
- Harm: In order to recover an award from a property owner, an individual must have been harmed, usually in the form of physical injuries, economic damages, and, in some cases, death
- Causation: The property owner must have been the actual and proximate cause of the individual’s injuries.
If you have been hurt in an accident, do not take on the insurance companies alone. If you or someone you know have suffered personal injuries at a commercial or residential property, call the experienced injury attorneys at The Accident Pros today. Our experienced lawyers can offer you a no-cost case evaluation to help you understand your legal rights after these types of accidents, and can help you get the compensation you deserve. Let us help you get the peace of mind you deserve during these vulnerable times.