If you were injured in a slip and fall or other accident on someone else’s property, you may wonder, “Can you sue a property owner for negligence in California?” The answer is yes; it is possible to sue a property owner in California under certain conditions if their negligence resulted in a serious injury. You should speak with an experienced premises liability attorney as quickly as possible to discuss the details of this type of case.
Premises liability laws in California exist to ensure property owners take care of their properties and limit safety hazards to lawful guests and visitors. When a property owner notices any potentially dangerous element on their property, they must:
The distinction between a lawful and unlawful visitor is an important one under California’s premises liability laws. You could sue a property owner for negligence in California if their negligence directly resulted in an injury, but only if you were lawfully present on their property.
Lawful visitors include guests, relatives, or neighbors with permission to enter the property, as well as those who have implied permission to enter for their own purposes, such as mail carriers and utility workers. California’s premises liability laws do not allow intruders or trespassers on private property to file lawsuits against property owners except under specific circumstances.
The Centers for Disease Control and Prevention (CDC) report that unintentional falls are a leading cause of death in the United States each year, accounting for more than 44,000 fatalities in 2022 alone. Falls are also a leading cause of serious injuries in residential and commercial properties. Someone may suffer a fall due to a property owner’s negligence, leading to a premises liability case.
If you intend to file this type of personal injury case in California, you must first prove that you were legally present on the property in the first place. Next, you will need to prove that the property owner knew about the hazard that caused your injury or reasonably should have known about it with diligent care of their property. Finally, you must prove that their negligence directly resulted in the injury.
If you can successfully establish these elements of your case, it is possible to claim compensation for the economic and non-economic damages you suffered because of the property owner’s negligence. Your personal injury attorney can potentially help you recover compensation for medical expenses, lost income, and your pain and suffering.
You’re likely to have many questions about your legal options after being injured on someone else’s property in California. The Corrales Law Group can help make sense of your situation and provide ongoing support through all of the legal proceedings ahead of you after such an injury. Reach out to our team at your first opportunity to learn about the legal services we offer and how we can help with your recovery.
Yes, it is possible to sue your landlord for negligence in California if their negligence caused you any type of harm. For example, if you notified your landlord of a safety issue in the property but they failed to address it or did not address it correctly, you could have grounds for a civil suit if this negligence results in any type of harm. Consult a premises liability attorney to determine whether you are eligible to file a case.
To prove fault in a premises liability case, you must prove how the property owner failed to address a foreseeable safety issue that resulted in your injury. Every property owner in California has a duty of care to maintain their property and address safety hazards as soon as they become aware of them or at least provide clear warnings to lawful visitors about such hazards. If a property owner fails to take such steps, they are liable for resulting injuries.
If you share fault for a slip and fall, California’s pure comparative fault rule comes into play, and you will have a fault percentage assigned to you. It’s still possible to recover compensation with a personal injury suit, but your case award will be reduced by your fault percentage to reflect your shared liability. Consult an attorney right away if you are concerned about comparative fault for your recent slip and fall accident.
The amount of compensation you can claim for premises liability in California largely depends on the overall severity of your injuries. If you can prove a property owner is liable for injuring you, it is possible to seek compensation for economic damages like medical bills and lost income, as well as compensation for your pain and suffering.
You should hire an attorney for a premises liability case because you are significantly more likely to succeed with your case with legal counsel on your side. Your attorney can gather the evidence you need to prove liability for your injury, and they can also accurately calculate the full scope of the damages you are eligible to claim from the defendant. You’re more likely to win your case and maximize your compensation with their help.
Premises liability cases in California can seem straightforward at first, but the reality is that these cases can evolve into complex legal disputes in many ways. If you believe your landlord or some other property owner is liable for a recent slip and fall or other injury, the Corrales Law Group can help. Contact our team today to schedule a free consultation and learn more about the legal services we provide to injured clients throughout California.
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