The Law Offices Of Jonathan C. Capp Esq.

What Is A Premises Liability Claim In California?

When someone is injured on a property, either a building or on land, a premises liability claim may result.

What Types Of Injuries Or Accidents Can A Premises Liability Claim Include?

A premises liability claim may include all types of accidents. Typically these cases involve slip and falls, which is when someone slips and injures him or herself at an airport or in a store, for example. It may also include many other scenarios as well such as injuries occurring on a slide at a water park or in a building and an object falls on the person. It could even be if somebody was hit by a car in a parking lot on someone else’s premises.

What Is Causation? How Is It Involved In A Premises Liability Claim?

Causation simply means that you can establish your injury was caused by the fault of the person who owns the premises. For example, you slip and fall on a wet surface and injure your back. You would then have to establish this injury was as a result of the wet surface and for no other reason. SO essentially causation means you have to show that you were injured due to the fault of the person you’re trying to sue.

Is Comparative Or Contributory Negligence Ever Applicable In These Cases?

Comparative or contributory negligence could be applicable in a premises liability claim; it depends on the law of the state where you are suing. Often what happens is if you are 50% at fault for the accident that caused injury, in that case, your damages would be reduced to 50%. In other states, if you are 1% at fault, you cannot recover. However, in California, the fault is apportioned. If you are 50% at fault in California, that would cut your damages in half.

What Damages Can Someone Seek In A Premises Liability Claim?

The damages recoverable in a premises liability case would be compensation for the injuries suffered. For example, you slipped and fell in a shopping mall, and the jury found that the shopping mall was responsible for your injuries. You broke your leg, so the jury would award you damages for the pain and suffering due to the broken leg. Secondly, you would get money to pay for your medical bills and medical treatments. Thirdly, if you missed work because of having a broken leg, then you would get damages for lost wages. The damages would be to fully compensate you for any loss caused by the accident.

Are Punitive Damages Ever Recoverable In A Premises Liability Claim?

Punitive damages would not be recoverable in a premises liability claim as cases involve negligence. You can’t typically recover punitive damages for negligence. To get punitive damages, you have to show that the person who injured you acted maliciously. You would have to show that they intended to hurt you, or they had a reckless disregard—they just didn’t care whether you’re injured or not. This can happen, but it is very rare.

How Do I Know If I Should Pursue A Premises Liability Claim Or Not?

You should contact an experienced attorney for help in deciding whether or not to pursue a premises liability claim. They would listen to you, while you explain to him exactly what happened, what your injuries were, how you were injured, where you were injured, and why you feel that you have a case. Then the lawyer would analyze that and determine whether or not you have a valid and viable case against the owner of the premises where you’re injured. Often it’s fairly obvious, as most people know when they’ve been injured due to the fault of somebody else. Often they get a good idea if somebody’s recently been mopping the floor in a super market or in an airport, maintenance didn’t properly barricade where they mopped, and then somebody slipped and fell. Normally that’s a good indication that it’s the fault of the owner of the premises, but it all depends on the facts of the case.

For more information on Premises Liability Claims In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (760) 231-6498 today.

Jonathan C. Capp, Esq.

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