What’s Involved in a California Premises Liability Lawsuit?
When a person slips and falls on someone else's property, it is possible for the injured party to bring a premises liability lawsuit against the operator or owner of said property. However, certain conditions must be met to file a premises liability lawsuit successfully, and since these conditions vary state by state, it is essential to familiarize yourself with the state laws before bringing a California premises liability lawsuit to maximize the likelihood of prevailing on your claim.
Owner’s Duty of Care
One of the foundational elements of a California premises liability suit is the duty of care that a property owner has to those who set foot on their property. The duty of care establishes certain expectations for a property owner to ensure that they maintain a property that is in a condition that is considered reasonably safe. Under the duty of care, California property owners have a responsibility to regularly inspect their property, to ensure it is maintained, and to either warn of any potentially unsafe conditions or to take the necessary steps to remedy any hazardous conditions on the property.
Failure to Maintain the Duty of Care
If the owner of a property does not fulfill the obligations associated with the duty of care, they may be considered negligent for the failure to bear their responsibility to keep the property in a condition that qualifies as reasonably safe. If a person is injured on the property as a result of this negligence, the victim might have a premises liability claim against the property owner for their failure to fulfill the duty of care. If successful, this premises liability lawsuit can result in the injured party being awarded damages for the harm they incurred because of the property owner's failure to maintain their duty of care.
Premises Liability Damages
If the California premises liability claim is decided in favor of the injured party, there are different types of damages that may be awarded to compensate them for the harm. These damages include wages lost due to the injury, ongoing medical care costs, loss of potential earning capacity, past medical bills, pain and suffering caused by the injury, compensation for disfigurement or scarring that occurred, and invoices for physical therapy session
A Legal Team with Premises Liability Experience
You might be entitled to compensatory damages if you were injured on another person's property, and the best way to ensure you are awarded the damages you deserve is to enlist the assistance of a legal team who has experience with California premises liability lawsuits, like the one Tenants Law Firm. Although slip and fall premises liability lawsuits can be complicated, with our knowledge and experience, our Los Angeles slip and fall attorneys can put you in the best position possible to be compensated for the harm you suffered.