Property-based accidents can happen indoors or outside. They involve trips, slips, falls, and other injuries involving property. In Los Angeles, victims of property-based accidents may be able to use premises liability laws to recover their damages when their injuries are caused by the negligence or fault of others.
This post will provide readers with some information about what is involved in filing a premises liability claim. However, like all other posts on this personal injury legal blog, no reader should consider the contents of this post to be legal advice. Personal injury lawyers are excellent resources for victims of premises liability accidents who wish to learn more about what they can do to be compensated for their losses.
Determining fault in a premises liability claim
It can sometimes be difficult to determine who is at fault in a premises liability accident. Often, the owner of the property where the accident happened will have some liability for the injuries caused to their visitors and invitees. When a property owner knows that someone will be coming on their property and is aware of defects therein, they have a duty to remedy the defects or warn their visitors of them to prevent injuries.
Exceptions exist, however, particularly when individuals enter land where they do not have permission to go. Trespassers who are harmed in property-based accidents may have problems proving that they are entitled to compensation. However, the facts of every case are different and can have bearing on whether a claim will be successful in court.
Negligence as a grounds for premises liability
Many premises liability claims are based on alleged negligence. Negligence happens when a person owes another individual a duty of care and breaches it through their actions or omissions. The failure of a property owner to remedy defects on their land or in their home can constitute a breach of duty to any persons who they invite to visit them.
No individual has to face premises liability claims on their own. They can seek the counsel of trusted personal injury lawyers to advise them of their rights and opportunities under the law.