Accidents can happen anywhere, but when they occur on another person’s property, you might have grounds for a lawsuit. Whether you were at a supermarket or a clothing store, call a Glendale premises liability lawyer to determine if you have a valid claim. Reach out to our firm today and work with a qualified legal advocate to hold the responsible parties accountable.
Premises liability law stems from the idea that property owners should maintain safe conditions in their homes and buildings. If a visitor sustains an injury due to a hazard, the property owner or manager could be liable for their damages.
Dangerous conditions that could lead to an injury claim include:
There is a wide range of hazards that can emerge in a premises liability claim, so injured parties should reach out to an attorney to determine if their case is valid. Victims might be able to collect damages if they suffered severe injuries in the accident, such as spinal cord damage, brain injuries, and burns.
The legal theory of negligence governs premises liability claims. A plaintiff in one of these cases must establish that the property owner owed them a duty of care, breached that duty, and caused their damages. Additionally, victims must provide evidence of their losses to receive compensation.
If the injured party cannot prove that the property owner had constructive or actual notice of the hazard that caused the accident, it will be difficult to recover compensation. In most cases, the property owner must have been aware of the hazard in order for them to be held liable for damages. An example of constructive real notice would be a tenant telling the landlord they believe there is a gas leak in their apartment.
A property owner would be considered to have constructive notice if they should have known about the issue. For example, if the landlord had maintenance staff doing regular inspections, they would have known about the gas leak without being told by the tenant.
If the maintenance staff wrote a report detailing that there is a gas leak and the landlord reviewed it, that would be considered actual notice. The type of notice the property owner received prior to the accident can significantly impact the strength of a plaintiff’s premises liability claim.
The effects of an accident sustained on another person’s property can be life-changing. In addition to physical injury, victims may experience substantial financial and emotional losses. An attorney who focuses on premises liability claims could carefully review the facts of a given case to determine what damages are appropriate. For some people, compensation could include payment for lost wages, medical bills, reduced future earning capacity, mental anguish, pain, and suffering.
There are many factors to consider when determining whether someone has a legitimate premises liability claim. Before assessing a case, lawyers typically need to know:
Once it is confirmed that the accident occurred on someone else’s property, it is important to know why the injured party was on the premises. If the plaintiff was at a store to do business, they might have a valid claim. However, if the injured party wandered onto the premises without permission, they would be considered a trespasser and may not be able to recover compensation.
Attorneys must also identify who owns the property, as it could impact how they proceed with the case. For example, if someone is injured at a public park, they might pursue a claim against the government entity responsible for its maintenance. In this situation, the claims process would be much different than a typical private property case.
Regardless of who had control of the property, the injured party must prove that the property owner knew or should have known about the hazard and failed to take adequate steps to prevent the accident.
If the injuries sustained in a premises liability case are more severe, the injured party may be eligible for higher compensation, depending on their particular circumstances. Severe injuries can include broken bones, permanent scarring, amputation, paralysis, and even death in the most extreme cases. The more serious an injury, the more costly the plaintiff’s recovery may be, and higher damages may be awarded upon a successful case outcome.
The role of a premises liability lawyer in Glendale will typically remain the same regardless of the severity of the plaintiff’s injuries. It will still be imperative to collect all of the relevant facts immediately after the accident to establish a compelling case and help the plaintiff achieve monetary damages for their pain and suffering as soon as possible.
The duty of care attributed to a property owner in a negligence claim depends on the injured party’s visitor status. Visitors who were invited onto the property for personal or business reasons are owed a high duty of care. Property owners must maintain the premises to keep those visitors safe.
Property owners can also be held liable for accidents involving trespassers. In these cases, the owner is only responsible if they were aware of the intruder. Injured parties should talk to an experienced premises liability attorney to determine what their visitor status was at the time of the accident.
Property owners who neglect to maintain safe conditions in their buildings can be held financially liable for any injuries you sustain on their premises. If you have suffered damages in an accident outside your home, speak with a Glendale premises liability lawyer about your potential case.
There is a filing deadline for personal injury claims, so it is crucial that you act quickly. Contact our office today to learn more about how our legal team can help you.