El Centro Premises Liability Lawyer
When the person responsible for the upkeep of a property is negligent, premises liability lawsuits allow you to collect compensation for damages when you sustain injuries. Civil laws require managers, renters, and anyone who possesses a property to complete regular inspections and ensure the property is safe for visitors. Liability civil claims can arise from accidents on many properties and for various reasons.
These personal injury cases are complex and require a legal professional with extensive experience. The law does not require owners to cover damages after an incident unless the person can show the accident occurred because the owner was careless. When you suffer injuries, contact a skilled El Centro premises liability lawyer to schedule a time to meet.
Type of Visitor in Premises Liability Claims
In premises liability law, the court holds plaintiffs to a different standard depending on the type of visitor when they enter the property.
The owner invites this visitor onto the premises for business, and they owe this group the highest level of care. The invitation to the invitee implies the property is safe for them to enter.
The visitors in this category are usually friends, neighbors, or other social guests. The person responsible for the property owes the licensee the second highest duty of care, and they must warn them of any potential hazards.
The property owner does not owe a trespasser a duty of care. However, a court will hold them liable for damages when they willfully injure a trespasser while on their premises.
Attractive Nuisance Exception
There is an exception to trespassing when children sustain injuries. When things on the property attract children, such as a swimming pool, the owner must ensure the property is secure. If a child trespasses and suffers injuries because the gate was open, the court could hold the owner responsible for damages.
Duty of Care Negligence
The law requires property owners and managers to provide a specific duty of care and ensure visitors are safe while on their property. When property owners do not keep their premises safe, the court will hold them liable for damages. However, the owner will often blame the accident on the injured person’s carelessness. Some components must be present to prove fault. Under California Civil Code § 1714, the characteristics of negligence are as follows:
- Duty of Care- property owners and managers have a responsibility to keep their property safe for all visitors that enter the premises
- Breach of Duty of Care- the owner knew or should have known of the hazard and failed to fix it
- Damages- the plaintiff sustained actual damages as a result of the breach of duty
The statute requires the person responsible for the property to do regular inspections and repair hazardous conditions promptly. They must also warn of the potential danger until the work is complete. A practiced lawyer in El Centro could build a premises liability claim to prove the owner was negligent.
How a Premises Liability Attorney in El Centro Could Help
When a property owner fails to provide reasonable care and you sustain injuries, you have the right to hold them responsible. These cases require a thorough investigation and review, including witness statements, proof of damages, and video surveillance footage, if available.
A hard-working and diligent El Centro premises liability lawyer could handle the legal work and help get the maximum compensation. The sooner you begin working, the better your chance for a successful claim. Reach out now to discuss your case.