Four Required Elements of Premises Liability Claims in California
People who suffer injuries on another party’s property in California may be entitled to various damages. A premises liability lawsuit stems from a property owner’s failure to correct an obvious hazard or warn people about it.
Did you suffer serious injuries or was your loved one killed in an accident caused by a dangerous condition on another party’s property in California? You will want to make sure you retain legal counsel as soon as possible.
The Los Angeles Injury Group represents clients all over the greater Los Angeles area. You can have our Los Angeles personal injury attorney review your case and help you understand all of your legal options when you call (310) 954-7248 to receive a free consultation.
Essential Factual Elements of Premises Liability Claim
Under Chapter 1000 of the California Civil Jury Instructions, a plaintiff is required to prove all four of the following in any premises liability action:
- Defendant was responsible for the property — The negligent party must be a person who was responsible for the property. He or she must have either leased, owned, or otherwise occupied or controlled the property on which the accident occurred.
- Defendant was negligent in use or maintenance of property — The negligent party needs to have violated his or her basic duty to provide a property free from hazards. Property owners that make their premises open to the public for business purposes are expected to provide a higher standard of care to property than private property owners out of concern for the welfare of the general public.
- Plaintiff was harmed — The victim needs to have suffered some kind of injury. Damages in premises liability cases may be economic or noneconomic. Economic damages include calculable losses such as medical bills or lost income, while noneconomic damages include more subjective types of harm such as pain and suffering.
- Defendant’s negligence was a substantial factor in causing plaintiff’s harm — The connection must be drawn between the defendant’s failure to correct a dangerous condition and the plaintiff suffering injuries because of that failure.
Following most accidents on another person’s property, it is not uncommon for victims to be contacted by the insurance companies for the negligent parties. Victims should always avoid speaking to insurers until they have legal counsel.
Even when an insurance company offers what seems like a generous settlement, victims should keep in mind that such proposed settlements typically do not cover a victim’s future needs.
Find a Premises Liability Lawyer in California
If you suffered severe injuries or your loved one was killed in an accident on another party’s property in California, you should not delay in seeking legal representation. Contact the Los Angeles Injury Group as soon as possible.
Our firm represents victims in communities throughout Southern California. You can have our Los Angeles personal injury attorney provide a complete evaluation of your case as soon as you call (310) 954-7248 or contact us online to set up a free consultation.