Premises liability is a legal term used when a person suffers a personal injury that happened due to the hazardous conditions of a property. In order to have a valid premises liability claim, several factors are required. One of these factors is that the owner or property operator has carelessly created of fostered the hazardous condition of the property. Simply because a person was injured because of a hazardous condition in the property does not entail that a premises liability claim will be held valid. In a premises liability case, the injured party has the duty to demonstrate that the property owner or the property operator was careless in maintaining the property. The injured party has to demonstrate that there was carelessness in the failure to inspect and/or repair the hazardous condition that lead to the injury.
While these are some of the most fundamental factors to consider, if you or someone you know has suffered an injury due to the negligence of another, consider speaking to a qualified attorney. An attorney with the right experience can guide you through the process of filing a premises liability claim. He or she may also be able to help you in understanding if you have a valid claim and explain the options available to you.
Negligence is considered to be the heart or center of a personal injury claim, especially when involving premises liability cases. In order for negligence to happen, it requires an essential duty of care, a break in this duty of care, and the injury that transpired due to this breach in care.
Negligence claims can be case specific. These cases can dramatically differ depending on the specific elements of each case. All of these elements can affect the analysis of the claim; therefore, it is essential to understand under what factors can negligence happen.
The Owner’s or Operator’s Duty of Care
Both property owners and property operators are filled with responsibilities concerning the property. In the State of California, these parties owe a duty of care to the visitors of the property. Essentially, they have a responsibility of not exposing visitors of any harm that can happen on the property. Negligence comes into play when an injury happens because the owner of the property or its caretaker could have reasonably avoided the injury had they known about the hazard and taken proper steps to avoid an injury from happening.
In order to understand who can be held legally liable for any injuries that happen within a property, consider speaking to a qualified attorney. An attorney with the right experience can assist you in understanding if the following examples will affect the claim:
- The property is being leased,
- The property caretaker does not own the property, or
- The property is a public premise.
Obtain Legal Support
Premises liability claims can be very complex and can quickly cause unnecessary stress. If you or someone you know has suffered injuries due to the carelessness of a property owner, it is important to seek the support of an experienced premises liability attorney.
The attorneys at the Rohde Law Office, APC are qualified in the field of premises liability claims. They are dedicated to helping individuals who have suffered injuries due to the negligence of another party. Consult the advice and support of a qualified attorney who can help guide you throughout the claims process.