Premise liability cases are considered subsets of personal injury cases. You can file for a premise liability case if you believe you suffered an injury on another person’s property as a result of that party’s negligence.
Property owners are required to uphold a duty of care to all manner of visitors to their property. This means that property owners – or those property owners occupying a piece of property as a renter or in another manner – must provide a standard of care to the property, eliminating any safety hazards or marking those that may remain. Upon failing to do so, the property owner can be held responsible for any losses another party suffers as a result of their lack of care.
Some notable examples of premise liability cases include:
- Ceiling collapses
- Slip and fall accidents
- Elevator accidents
- Defective stairways accidents
- Negligent security incidents
- Fire safety and building code violations
- Inadequate lighting accidents
- Supermarket accidents
- Dog or animal attacks
- Sidewalk trips and falls
Again, all of these cases serve as subsets to personal injury cases, though all of them tend to involve negligence when invoked as premise liability cases. Your potential compensation after suffering from these cases can include the medical bills needed to recover from them as well as the cost of replacing or repairing any property you had on you at the time of the accident.
The Duty of Care Owed to Present Parties
As mentioned, all manner of individuals who make their way onto a person’s property are entitled to the aforementioned duty of care. In accordance with the Judicial Council of California Civil Jury Instructions (CACI), this includes:
- Invitees – invitees include parties who are welcomed onto a landowner’s property with that person’s knowledge and explicit or implicit permission. Invitees most often consist of relatives, friends, and immediate neighbors.
- Licensees – if you invite a businessperson or another professional out onto your land, you owe that party a duty of care. These individuals benefit from implicit permission to enter the property, even as they come onto the property with their own intentions.
- Trespassers – finally, even individuals who are not authorized to be present on your property are entitled to a duty of care. This typically only includes children, however, as children often do not understand the concept of private property and tend to find themselves in trouble while out exploring. It is with those wandering children in mind that property owners should mark off the most dangerous parts of their land if they choose not to attend to them.
If you are not sure where you stand, in terms of a premises liability case, you can reach out and speak to a premises liability lawyer.
How a Lawyer Can Help You File Your Complaint in a Premises Liability Case
If you wish to file a claim against a property owner who you believe neglected their duty of care, resulting in your injury, a personal injury attorney can help. Together, you can form a complaint noting:
- The identity of the party you wish to hold liable for your losses
- Evidence that the aforementioned party violated their duty of care
- An estimate of what compensation you believe you may be owed as a result of your accident
- The calculations that led you to establish the above estimate
With this information on hand, you can file your complaint with a court in your area and wait for a judge to attend to it.
You also, however, have the option of working with a premises liability lawyer to craft a demand letter. You can submit this letter to the party you wish to hold liable for your losses and, in turn, negotiate for a settlement without involving the courts. This method tends to work best when the party you wish to hold liable seems open to communication. If that party does not wish to discuss liability outside of a courtroom, then you can forgo negotiations in favor of presentations in front of a courtroom.
All the while, you will not have to worry about legal fees. The team with Pintas & Mullins Law Firm works on contingency. This means that no matter what services you benefit from, you will not receive a bill unless a court determines that you may receive compensation for your losses. Should you be awarded that court settlement, the American Bar Association (ABA) notes that the firm can request a percentage of your settlement instead of requesting that you pay for the services you benefit from out of your savings.
With all of that in mind, you can reach out and speak with a representative from Pintas & Mullins Law Firm whenever you feel the time is right. Together, you can look into your case and start fighting for your compensation. Call (800) 223-5115 today.