Palm Springs Premises Liability Lawyer
In general, people who own and manage land have a legal duty to keep that land in a reasonably safe condition so other people who visit are not at unreasonable risk of getting hurt. However, this does not mean landowners are automatically liable every time someone gets hurt on their property. In fact, the court has a surprising amount of leeway in determining exactly what does or does not count as negligent property management.
Filing suit under premises liability law is far from a simple process, and having a seasoned personal injury attorney on your side is crucial to getting a favorable case result. By working closely with a Palm Springs premises liability lawyer, you could better understand all the rights and legal options you have in your unique situation and effectively utilize them to pursue the compensation you need for your injuries.
How Does Premises Liability Law Work?
State law indicates that every person who owns, leases, controls, or otherwise occupies land should demonstrate reasonable care in keeping their property in safe condition by inspecting it regularly to discover new hazards, quickly repairing hazards once they find them, and warning visitors in the meantime about dangers that are not open and obvious. What counts as reasonable care in this context can be subjective, as any experienced premises liability attorney in Palm Springs knows.
When it comes to defining a landowner’s duty of care, California law does not explicitly differentiate between types of visitors; nor does it allow much leeway in terms of protecting unlawful trespassers from accidental injury. Instead, a civil court considers various factors when determining whether a landowner demonstrated reasonable care before a visitor got hurt.
The Potential Impact of Comparative Negligence
The specific factors that a court may consider during a premises liability claim include:
- The likelihood of a hazard causing harm and how severe that harm is likely to be
- Where the property is located
- How likely it is that someone other than the landowner might visit that property
- Whether the defendant should have been aware already that a hazard existed
- Whether the defendant could have done something to lessen their own risk of getting hurt by a hazard
- The relative difficulty the landowner would have faced in protecting others from being harmed by a hazard
Any amount of fault a visitor bears for causing or worsening their injuries through negligence of their own may be held against them as comparative fault. As a property liability lawyer in Palm Springs could explain, court precedent holds that a plaintiff assigned a percentage of total responsibility for the accident is subject to a proportional reduction from their final damage award’s value.
Get in Touch with a Palm Springs Premises Liability Attorney Today
Holding a property owner legally liable for an injury can be complicated, even if it seems obvious that their negligence directly led to you being hurt. If you want to obtain fair restitution for your damages, working closely with skilled legal counsel may be necessary.
A capable Palm Springs premises liability lawyer could provide the custom-tailored legal support you need to achieve the financial recovery you deserve. Schedule a consultation by calling today.