When visiting another person or organization’s property, you deserve more than a hospitable experience. Property owners must ensure their premises are safe (whether you are a visitor, tenant, or customer) and may be found liable if you are injured there. However, you will need an experienced premises liability lawyer to earn compensation, as they can produce evidence of neglect, prove breach of care, and build you an airtight case.
California residents can explore their legal options and seek the justice they deserve by working with Davana Law Firm. Our team has extensive experience in premises liability lawsuits, and we’ve won over 500 cases across all areas of personal injury law. If you believe your injury occurred due to a property owner’s negligence, call us at (818) 501-1055 for a free case evaluation.
Below, we outline the necessary criteria to earn compensation for a premises liability claim:
1. Duty of Care
A property owner’s legal responsibility to guests is their duty of care. This concept refers to standards a property owner must meet in creating a secure and hazard-free environment, though those standards change based on the type of guest present. For example, the highest duty of care is owed to invitees, such as customers in a store. For this reason, many business owners seek landlord or property owner liability insurance to protect themselves financially in case of accidents.
On the other hand, licensees (like social guests) are owed a lower duty of care; property owners must warn them of known dangers but aren’t responsible for discovering hazards. Trespassers (individuals who enter without permission) receive even less protection—property owners are typically liable for willful or malicious harm alone. These distinctions are critical when assessing whether a property owner has breached their duty of care.
2. Evidence of Negligence
Establishing liability requires producing evidence of negligence on the property owner’s part. Specifically, you or your lawyer must prove that the owner 1) failed to maintain a safe environment, which 2) caused your injury. For example, if a property owner knew about a broken step and failed to repair it, and then you broke a bone after falling from that step, that property owner could be found liable.
Critical considerations include demonstrating that the owner had knowledge of the dangerous condition (or should have known), failed to take reasonable actions about it, and their failure resulted in your injury. Evidence like photos, witness statements, and medical records can support your negligence claim.
3. Contributory Factors
In addition to a property owner’s liability, lawyers and insurance providers will also consider the injured party’s actions. Behaving recklessly or ignoring posted warnings at the time of injury could undermine an individual’s case. Many jurisdictions have contributory negligence laws, which can reduce or eliminate compensation based on the injured person’s degree of fault.
For instance, if someone is injured while trespassing on a property, their chances of winning a liability case against the property owner diminish significantly. Understanding these factors can help victims assess their situations more realistically.
Davana Law Firm: California’s Top Premises Liability Lawyers
The Davana Law Firm team can help if you or a loved one suffered an injury due to another property owner’s negligence. Our premises liability lawyer team has firsthand experience and practical knowledge to help you win your personal injury claim. Reach out to (818) 501-1055 to learn about your legal options and receive a case consultation.
