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3 Facts About Premises Liability Accidents That May Surprise You

Premises liability cases involve being injured on a person’s property due to said person’s negligence. At Law Offices of Fernando D. Vargas we handle premises liability cases to help clients work toward maximizing their settlements or jury awards. However, we find that there are a few facts that often surprise them. Keep reading to learn about three of these surprises and then contact us at 909-982-0707 if you would like to request a free case evaluation.

  1. What You Did Before the Accident Can Impact Your Settlement Claim
  2. In California, we are a pure comparative fault state. This means that if you are found to be partially at fault for the accident then the court can reduce your payment by the amount of your fault. For example, if you are found to be 10% at fault for the accident then your award will be reduced by 10%. This is both good and bad news. The bad news is that it can reduce your settlement amount. The good news is that if you were partially at fault, you will not have your case automatically disqualified. Even if you are partially at fault, you still have the right to sue and you may still receive a reasonable award.
  3. Premises Liability Cases Do Not Always Result in Settlements
  4. It is entirely possible that you were injured on the property of another person yet they are not responsible for your injuries. It is up to your personal injury attorney to prove that the owner of the property created a dangerous hazard and did not take appropriate actions to protect people on their property, that they knew about the condition and did not act, or that they should have known about the danger and taken action. Proving what a person knew can be a challenge. That is why the “reasonable” standard is used. The court asks: Would a reasonable person have known there was a hazard if they were presented with the same situation? All legal elements must be proven by your attorney but if you hire the right attorney your chances will be better than taking on the case yourself.
  5. There is a Time Limit for How Long a Victim Has to File a Slip and Fall Case
  6. There are several statutes of limitations that affect slip and fall cases. Which one applies to you will depend on the nature of your injury, whether you have property damage, and who was at fault. For example, while most cases have a two-year statute of limitations, any case involving the government has just six months to file. If you have been injured in someone else’s property then we strongly encourage you to contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation. We will assess your case and provide legal advice on how you can best move forward.