Banning Private Property Premises Liability Lawyer
Private property owners must ensure the safety of tenants and visitors on their premises. When they breach that duty, people get hurt―sometimes seriously.
If you were hurt on someone else’s private property, you could be entitled to compensation, and a Banning private property premises liability lawyer could help you file a claim. Our experienced team of premises liability attorneys at Walter Clark Legal Group could focus on your case while you focus on recovery.
Common Private Premises Liability Claims
If a tenant, visitor, or even a trespasser is injured on private property, the property owner could be held legally responsible for those injuries according to California Code of Civil Procedure § 1714. In order to be held liable, the injuries must be due to the owner’s negligence. This means that the owner either created a dangerous condition by failing to properly maintain their property or neglected to fix a dangerous condition that they knew or should have known existed.
Common injuries occurring on private property in California include:
- Falls
- Dog bites
- Deck collapses
- Pool accidents
- Injuries from falling objects, such as tree branches, or improperly installed fixtures, such as shelves
- Injuries or health effects caused by more insidious health hazards, such as toxic levels of mold or asbestos
A private premises liability attorney in Banning could analyze a claimant’s case to identify every possible claim, gather the necessary evidence to support it, and fight to get the claimant the damages they deserve.
Potential Roadblocks for a Private Property Premises Liability Case
Unfortunately, just because someone was injured on private property does not mean that the property owner is automatically responsible. There are several defenses private property owners could use to defend themselves against injury claims.
One defense to private premises liability is the statute of limitations for bringing a claim. Under California Code of Civil Procedure § 335.1, claimants have two years to file personal injury suits, so it is important to file within that time frame.
Another defense that private property owners often assert is that they provided warnings. These may include written notices such as “Beware of Dog” signs or verbal reminders to be careful. However, simply posting a sign or cautioning someone is not always enough to avoid liability for injury.
Property owners may also claim a lack of knowledge about a hazard or that they attempted to fix it. Still, ignorance of a dangerous condition or a previously unsuccessful repair does not necessarily absolve a property owner of liability for a claimant’s injury.
A private property liability attorney could help file the case correctly and on time for claimants seeking legal action in Banning. Moreover, an attorney could use their extensive knowledge of personal injury law to evaluate a property owner’s potential defenses and design a strategy to help claimants overcome them.
Bases for Recovery
Claimants injured on private property may be able to get monetary damages for:
- Hospital, rehabilitation, and medication costs
- Lost wages
- Lost or diminished future earning potential
- Property damage (e.g., to a car)
- Pain and suffering
- Emotional distress
- Loss of consortium
Most premises liability cases in Banning settle before reaching trial; an attorney knowledgeable about private premises liability could use their skill and savvy to negotiate the best deal possible for the claimant. If the case goes to trial, a lawyer could truthfully and convincingly tell the claimant’s story to help increase the chances of receiving compensation.
No matter how the case evolves, our team at Walter Clark Legal Group will listen to your concerns and provide representation to help you obtain a favorable result.
Talk to a Private Premises Liability Lawyer in Banning Today
Accidents happen, but when they happen due to a property owner’s negligence, the owner could be held accountable. If you have been injured on private property, do not deal with the consequences alone―talk to a Banning private property premises liability lawyer now to figure out your options.
Our legal team at Walter Clark Legal Group could guide you through filing a claim and fight for the compensation you deserve. Get in touch today to book your free consultation.
