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Does premises liability law cover your accident? Should you get a premises liability lawyer?
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 not every situation applies.
What Does it Cover?
Premises liability laws can cover a wide array of accident types. If you experienced any of the following, you can consult a lawyer to confirm if the circumstances around 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. The specificities and nuances surrounding the accident are highly considered under the Premises liability law.
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 help you qualify and build your case so you can 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 avail of premises liability insurance to cover accident damages that can happen within in 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.
Aside from slip-and-falls, here are other common incidents that may result to a 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 your probability of getting a settlement.
As long as your accident is qualified and you have an experienced 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 Case?
Some accidents seem straightforward, but most premises liability cases require more intense probing and case argument framing. 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
Typically, the at-fault party also hires counsel and expensive law firms to support them. This is especially true for big companies who not only will do everything to minimize their expenses but will do everything that they can to protect their brand’s reputation.
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.