Accidents could happen anywhere. If a mishap occurs on someone else’s property and you sustain an injury, you could bring a claim for monetary damages with help from a seasoned attorney.
It is to your benefit to consult with a Burbank premises liability lawyer immediately after the accident to discuss your legal options. If you can prove that negligence led to your injury, you could receive payments for your medical expenses, lost time at work, and your inconvenience, pain, mental anguish, and other losses.
Premises liability is the legal concept that the person who owns, occupies, possesses, or controls a piece of property is responsible for keeping it safe. According to California Civil Code §1714(a), someone who is responsible for property and fails to repair or warn of hazards could be liable if someone else suffers an injury as a result.
Almost any accident might trigger premises liability. Some situations that commonly lead to premises liability claims include:
An individual who suffers an injury on someone else’s property in Burbank should consult an attorney right away. They could investigate the circumstances of the mishap to determine whether premises liability might apply in the specific case.
A person seeking damages for injuries suffered on another’s property must prove that the owner of the property was negligent. If the property is leased to or controlled by someone other than the owner, that person also might be liable for the plaintiff’s injuries.
The law obligates the property owner or occupier to use reasonable care to maintain the premises in a safe condition for visitors whose presence they could anticipate. “Reasonable care” depends on the circumstances. A court will consider the location of the property, the nature of the danger, the likelihood that someone might be injured and the potential severity of the injury, and the effort and expense of finding and repairing the hazard.
In a premises liability a case, a plaintiff’s attorney must present evidence proving four elements:
If a plaintiff can prove these four elements, the defendant could be liable to pay for their damages.
State and local governments could be liable for injuries that occur on their property. However, there are laws that limit the government’s liability in many instances and impose additional requirements on claimants in these cases.
A claimant must show that an unreasonably dangerous condition existed on the public property, that it was foreseeable the condition could cause the type of injury the claimant suffered, and their injury resulted from this condition. The claimant must establish that negligent behavior by a public employee created the condition or that the government had notice of the danger and failed to correct it or post effective warnings within a reasonable timeframe.
Individuals who intend to pursue a premises liability claim against a government entity must file a notice of administrative claim no more than six months after the incident. A knowledgeable premises liability attorney could preserve a person’s right to compensation by ensuring that the notice is properly completed and filed with the appropriate office on time.
Most property owners have insurance, and their insurance companies typically defend against premises liability claims. Standing up for your rights against the aggressive tactics of these powerful companies is a job for an experienced and aggressive advocate.
A Burbank premises liability lawyer could fight for your right to compensation until you receive an appropriate settlement, or take your claim to court, if necessary. Put yourself in a strong legal position by scheduling a consultation today.
Benji Personal Injury – Accident Attorneys, A.P.C.