What Is Premises Liability? How a Personal Injury Attorney Can Help

Premises Liability – How an Attorney Can Help

Property owners have a responsibility to make sure that anyone who enters their property (premises) will be reasonably safe from personal injury. That responsibility which holds property owners liable for personal injury sustained by others on their property is called “premises liability”. Premises liability applies to both public and private areas, including restaurants, hotels, shopping malls, hospitals, apartment buildings, homes, and even vacant lots.  

There are many types of personal injuries that can be sustained on another person’s property, which could result in a premises liability claim against the property owner. Some of those types include:

  • Dog bites
  • Swimming pool accidents
  • Slip and fall
  • Toxic chemical fumes and spills
  • Construction site accidents
  • Amusement park accidents

Responsibility (Negligence) for Premises Liability

Before someone can be held responsible for an accident, they must first be held negligent for their actions or lack of actions. For example, if a property owner knew of a broken step on their property and failed to fix or block off the broken step until it could be fixed, then the owner could be found negligent if someone was hurt. On the other hand, let’s assume that a person decided to climb over a barricade in front of those broken steps, and they fell and broke their leg. Normally, under those circumstances, it would be less likely that the property owner would be held liable for the injuries sustained. But then again, there may have been extenuating circumstances that only a highly experienced premises liability attorney would be able to figure out.

In other words, it is important to examine the circumstances in which someone was injured. Was it the property owner’s fault, was it the injured person’s fault, or was it the fault of both parties?  In California, negligence law follows the doctrine of “comparative negligence” which states that a defendant can only be held liable for the percentage of damages that can be attributed to them.

How a Personal Injury Attorney Can Help with Premises Liability

Knowing whether a person can be held liable for someone else’s injuries isn’t easy to figure out. Premises liability is a complex area of law that is best explained by legal professionals who are skilled and proficient in tort law and who have extensive experience in litigating claims.

Accomplished premises liability attorneys

  • Thoroughly investigate claims
  • Interview witnesses
  • Identify all potentially liable persons
  • Assess the value of your claim
  • Hire expert witnesses, such as doctors and accident reconstruction specialists
  • Negotiate settlements
  • File a lawsuit if a settlement isn’t reached

As in any premises liability personal injury case, it’s important to obtain the advice and opinion of a personal injury attorney who is well-versed in personal injury and premises liability. At M&Y Personal Injury Lawyers, we understand how complex premises liability law is and how difficult it can be to prove negligence on the part of a property owner. We have successfully earned more than $100 million for our injured clients by aggressively pursuing negligent parties and their insurance companies. Our goal is to help our clients recover from their injuries and obtain the best possible financial settlement.

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