The owner of any public or private property or premises is responsible for the safety of anyone on their property. They are legally required to safely maintain their premises for the public or visitors. If the owner fails to do so, and you are injured, you may be owed compensation for medical and related costs. If you have been injured on someone else’s premises because of its owner/operators failure to keep the property safe and free of hazards, contact JML Law today at 415-692-3462 or visit our website at jmllaw.com for a free consultation. Let our premises liability attorneys take a look at your case and inform you of what options you can take.
Premises Liability
A premises is “a house or building, together with its land and outbuildings.” To prove premises liability, you would have to show that the owner acted negligently and due to his or her negligence you were injured. The most common types of premises injuries are slips and falls. You are in a grocery store and slip on a puddle of water that an employee had neglected to clean or put signs up to warn people of the hazard. Some examples of premises liability situations are:
- Slip and fall cases
- Inadequate building security that leads to injury
- Dog Bites
- Amusement park accidents
- Toxic fumes
- Harmful substances or chemicals
- Failure to maintain sidewalks/walkways/pathways
- Stairwells
- Elevators and escalators
Negligence
Negligence is the “failure to use reasonable care, resulting in damage or injury to another.” California law sets boundaries on what is considered negligent in premises liability cases. The court hearing the case would hold a store or amusement park owner to a higher standard of responsibility than that of a private property owner, for example. In a public building such as a store, it is reasonable to assume a certain number of people will be walking around or on the premises at any given time. Therefore, the store owner is reasonably responsible for the safety of its patrons and must keep adequate maintenance of the entire premises at all times. Whereas a private property owner is only responsible for the hazards that could possibly harm his visitors while they are there. However, if a trespasser is hurt on private property, the trespasser would have to prove the owner not only knew about the hazard or danger but that he or she also knew the trespasser was there and failed to warn them or remove the danger.
Generally, the property or business owner’s insurance companies pay any damages awarded due to negligence. We handle all communications with the negligent party and their insurance company. Do not let the negligent party talk you out of being compensated for the injury you sustained as a result of their negligence. If you are injured on someone else’s property because of their negligence, contact JML Law today at 415-692-3462 or visit our website at jmllaw.com for a free case consultation. Let our expert premises liability attorneys inform you have your rights and legal options for compensation.
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Every case is unique and needs to be evaluated by our experienced lawyers. If you have been injured in a premises liability,