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Premises Liability

Injury Lawyers for Premises Liability Cases

Public property owners owe a duty of care to patrons who will be using that property to keep the property safe and hazard free, and to warn patrons when a hazardous situation might exist. Failure to do so can lead to serious accidents that can result in critical injuries and in some cases, even death.

If you or a loved one have been injured on property that belongs to someone else, it’s important that you reach out to an experienced California personal injury attorney as soon as possible. You can be confident that the property owner is working with their own legal team in an attempt to protect themselves from being named as the defendant in a lawsuit seeking damages. It’s important that you also have someone on your side fighting for your rights.

When Is a Property Owner Negligent?

Legally, several things must be established in a premises liability case in order to bring it forward.

  1. It must be proven that the owner of the property owed a duty of care to the individual who was injured on the property. For example, a store owner owes an automatic duty of care to patrons who may enter the store, since the property is public and patrons are invited to the property. A homeowner, on the other hand, may not owe a duty of care to someone who was injured while trespassing on their private property.
  2. It must be proven that a hazard existed that the property owner knew about or should have known about. If the property owner knew about the hazard and failed to warn, or a reasonable person in the same circumstances would have been aware of the hazard, the property owner may be considered negligent in failure to warn and/or failure to remove a hazardous situation.
  3. It must be proven that the hazardous situation directly caused injury. For example, if a wet floor existed in a public store and a patron slipped and fell on that wet floor, it can be shown that the hazardous situation was the direct cause of the victim’s injuries. However, if dangerous conditions existed on a construction site and a crew member was injured, but it cannot be established whether those exact dangerous conditions caused the crew member’s injuries, the case becomes much more difficult to prove.
  4. It must be proven that the victim incurred damages due to the injury. The injury may not be compensable if it cannot be shown that the victim paid hospital bills, incurred lost wages, or other damages.

Contact the Law Offices of Zink & Lenzi today to learn more about premises liability and how you or your loved one may be able to receive compensation for injuries sustained on someone else’s property. Call now for a consultation at (530) 895-1234.