Does premises liability law cover your accident?
Whether you’re on public or private property, it’s reasonable to expect whoever’s in charge to keep you safe within their premises. In California, property or business owners are legally responsible for keeping you safe by maintaining their facilities or putting up signages about probable hazards. So what happens if you get into an accident because of lapses in upkeep or venue maintenance? When does an accident qualify as a premises liability case?
What Is Premises Liability?
Premises liability cases apply when a person sustains a preventable injury on someone else’s property. Generally speaking, property owners — in some cases, even managers — are responsible for keeping guests and workers safe from harm when on their property, per California premises liability laws (California Civil Code (CIV) §1714). Despite these assertions, premises liability cases can be highly nuanced, and no case is the same.
What Does Premises Liability Cover?
Premises liability laws can cover a wide array of accident types. If you experience any of the following, you may consult with a lawyer to confirm if the circumstances surrounding your accident fall under premises liability:
- Slip and fall accident
- Trip and fall accident
- Construction accident
- Fallen object or building construction accident
- Dog bite attack
However, not all of the accidents above would automatically qualify as a premises liability case. Remember that the accident’s specificities and nuances are highly considered under whether or not a case can be pursued as a premises liability accident.
For example, according to CIV §846, property owners are not liable for injuries caused by recreational activities, including most outdoor and water sports activities. This exception also covers injuries gained on a campsite due to a sports activity or a similar scenario. Exceptions to these types of accidents require an expert’s validation. This is where an experienced premises liability lawyer can then help you qualify and build your case to get the best compensation possible.
What Is Premises Liability Insurance?
If motorists can get insurance to protect them from traffic crashes, property or business owners can also avail of premises liability insurance to cover accident damages that can happen within their establishments. This insurance type offers coverage for third parties (i.e., guests, customers, visitors, etc.) who go in and out of one’s property.
Most business owners consider it essential to have this insurance because any injury suffered within the confines of their property can potentially lead to a lawsuit. Having premises liability insurance coverage safeguards a business from possible bankruptcy especially when accidents cause a ton of damages.
Aside from slip-and-falls, here are other common incidents that may result in a premises liability case:
- Lack of security personnel, causing injuries from an assault
- Neglected icy parking lots
- Unmaintained or damaged floors, stairs, and sidewalks
- Accidents caused by faulty elevators or escalators
- Lack of signages or fallen signs
- Cords and other wirings left to obstruct halls or walkways
- Dog bites
Some businesses don’t find the need to get liability insurance coverage and go about their business without such protection. Their oversight has nothing to do with the probability of you getting a settlement.
As long as your accident is qualified and you have an experienced premises liability lawyer by your side, it does not matter whether or not a company has liability insurance coverage, you will still get the settlement you deserve.
Why Do You Need an Attorney for Your Premises Liability Case?
Some accidents seem straightforward, but most premises liability cases require strategic probing and legal argument framing. This is if you want to maximize the settlement you will get to cover all your damages. To work through your case, you’ll need to use these four elements of negligence:
- The property owner owed you a duty of care
- The property owner breached their duty of care
- The property owner’s breach of duty caused your accident
- You experienced damages in the accident
Yielding successful results with effective case argument framing requires the extensive experience of a seasoned premises liability attorney. Like our lawyers here at Jacoby and Meyers, the best premises liability lawyers can outline your case argument and use these points, tailoring them to your case’s specific details.
In addition to strategizing your case arguments, premises liability lawyers can also help you in several other ways, including but not limited to:
- Prove negligence
- Define the Cost of Damages
- Build a strong claim
- Negotiate a Settlement
- Proceed with important deadlines in mind
Give us a call today at 888-960-0480 for a free consultation. We are available 24 hours a day, 7 days a week, to help you.