The minute you step on someone else’s property with an invitation, the owner (or person in control of the property) owes you a duty of care.
If someone opens their property to the general public, you have legal rights. The property owner violates your rights if they are negligent and you suffered an injury. Before you can get financial compensation, you should hire an experienced premises lawyer in Santa Clarita.
Common Types of Premises Liability Accidents in Santa Clarita
Premises liability law encompasses a wide range of cases. The unifying factor is that they occurred on the property of another person. That is what triggers the duty that the property owner owes you.
Common types of premises liability claims that we handle include:
- Amusement park injuries
- Escalator and elevator accidents
- Negligence security cases
- Building and deck collapse
- Fires and burns
Falls are the most common type of injury. The insurance company takes advantage of that fact to deny many slip and fall claims and make your life more difficult.
Defendants in Premises Liability Cases
It may not always be immediately apparent who you may sue in a premises liability case. The most common defendant is the property owner. However, there are cases when a renter is in control of the property. In other cases, the property owner may hold the premises in a complicated web of limited liability companies.
One of the first questions in your case is who you can sue for your injuries. You can often sue a company with a large amount of insurance coverage to protect against liability, but to win compensation, you need experienced attorney’s counsel on your side.
Duty Owed by a Property Owner in Santa Clarita
Every premises liability case turns on whether the property owners have violated their legal duty to you. The second you are on the property of another, whether an invitee or licensee, the property owner takes on a legal duty to you. You may be entitled to financial compensation if you can show that they have failed to uphold it.
Whether the owner has violated their duty of care depends on the circumstances. Here are some examples of how a property owner can fail:
- A store owner knows (or should have known) about something in the aisle that posed a danger to shoppers and fails to clean it up or warn the public.
- A property owner does not hire a security guard when they have knowledge that there has been crime in the area.
- A landlord fails to take action when possible building code or fire safety violations occur.
In many cases, the issue of liability will turn on whether a landlord knew about the dangerous condition and did nothing about it. A property owner is not in the business of preventing every single possible accident, but they are in the business of protecting against known risks and doing everything possible to keep visitors like you safe.
Proving Negligence in a Santa Clarita Premises Liability Case
Winning your case depends on whether you can prove that the defendant was negligent. It is not always easy to prove what a defendant knew when they knew it and what they should have known.
Everything in your case depends on the evidence. Your attorney will work to assemble the evidence. In a premises liability case, the evidence can quickly disappear (or be made to disappear).
What your lawyer may use to prove your case includes:
- Eyewitness testimony from people who saw the accident
- Inspection reports on the property from before the accident
- Pictures or videos of the accident scene (before, during, or after your accident)
- Lease agreements and property records
- Accident reports (some companies will investigate accidents after they occur, as required by their policies)
- Accident reconstruction and safety expert witnesses
Damages in a Santa Clarita Premises Liability Lawsuit
If you can prove that someone else was legally responsible for your accident, you can recover the following damages:
- Medical expenses for all your care (including hospitalization, doctor’s visits, prescriptions, medical expenses, etc.)
- Lost wages for any work that you cannot do
- Pain and suffering for the ordeal that you have been through and will continue to go through
- Embarrassment and humiliation
- Scarring and permanent disfigurement
If a loved one died in a premises liability action, your family could file a lawsuit under California wrongful death laws.
Why You Need a Premises Liability Attorney Near You
Property owners and their insurance companies are out to protect themselves at all costs. They do not want to pay your claim in the first place. If they do try to settle your case, their offer will be low. It will not be enough to compensate you for your damages.
Our premises liability attorneys at One Law Group will:
- Investigate your case for you and gather the available evidence for you
- File your insurance claim or lawsuit
- Handle communications with the insurance company
- Negotiate a possible settlement after putting a number on your damages
- Argue your case in court if you cannot reach a settlement agreement
Contact Our Santa Clarita Premises Liability Lawyers Today
If you or a loved one have suffered an injury in a premises liability accident, the attorneys at The One Law Group are here for you. We will work on your behalf to help you get financial compensation if you are legally entitled to it.
Call us at (844) 626-1529 or contact us online to schedule your free initial consultation.
Premises Liability FAQs
How long will my premises liability case take?
It is difficult to know that at the outset. You should count on your case taking a considerable amount of time.
What if I file a premises liability claim and it is denied?
The insurance company is not a judge or jury. They will then need to defend a lawsuit in court.
Can I sue the government for a premises liability claim?
You could sue the government under some circumstances if your accident occurred on public property. There are some different rules that you need to follow.