If you’ve ever been injured on someone else’s property, such as in a store or restaurant, you may not know what your rights are or how you’re protected under the law. While each state has different laws protecting injured visitors, premises liability helps to establish fault in a case where someone has been injured on another’s property. In this post, we’ll give you all the basics on what exactly premises liability is, and how it works to protect you.

What is it?

Premises liability cases have to do with injuries or deaths to visitors of businesses or private properties in which there was some kind of unsafe condition that they were exposed to.

How does it work?

If you’ve been injured on someone’s property, chances are you’re protected under premises liability. First, you’ll need to prove that the property owner was negligent in their maintenance and upkeep of the property and that they failed to take care of the property in such a way that it could lead to someone being injured. In order to prove negligence, you’ll have to be able to prove that the owner knew his or her property was in an unsafe condition and that it could have lead to injury or other harm.

How do I know who’s at fault?

Property owners can argue that visitors to their property should be at least somewhat responsible for their personal safety, and if a visitor fails to take appropriate care or puts themselves in danger, the owner’s liability may be reduced. Comparative fault will come into play here, meaning that if the injured person is partially at fault for any damages or injuries, they will likely receive less in the settlement.

What kinds of cases count under premises liability?

There are many cases that could be covered if you’re able to prove the owner’s negligence under premises liability, including but not limited to: slipping and falling on a defective staircase or due to an oil spill, being bitten by an aggressive dog on the property, an elevator accident, exposure to toxic fumes or other chemicals, if someone breaks into your apartment and injures someone as a result of inadequate security at your building, and hazardous snow or ice fall due to inappropriate maintenance, among many other cases.

What about trespassing?

If the owner has reason to believe that trespassers are a possibility at their property, they are required to post some kind of warning to help prevent injury and to take the appropriate precautions to prevent any potential injuries.

Clearly, in order to present a successful premises liability claim, one must be fully aware of and understand the local laws governing negligence cases.  Adam Gerard has more than 20 years of experience representing clients throughout California. Call us today at 949.328.4818 to schedule a free initial consultation, or you can reach us through our website at Gerard Law, California Law firm specializing in personal injury and immigration law https://gerard-law.com  Si, haHablamosspañol.