If you are harmed on someone else’s property and the injury was caused by the property owner’s negligence or recklessness, you may be able to file a premises liability claim. Continue reading to learn about the three factors you’ll need to prove, then call Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation with a personal injury lawyer.
- There was a hazard on the property First and first, you must establish that a hazard existed on the premises. Photos, video surveillance, and eyewitness testimony can all be used to do this. If the hazard has been there for some time, we can also speak with those who are familiar with how long it had been there. Your personal injury lawyer can help you show the danger and its severity.
- The owner was aware of the danger or should have been aware of it If the owner was aware of the danger yet decided to do nothing, they are responsible for the damages. However, even if they were unaware of it, you may still be able to win your case. The next step is to show that the owner should have known. The court will evaluate whether a reasonable property owner would have been aware of the hazard or should have been aware of it.
- The owner failed to repair, protect, or warn the public about the danger Once you have shown that there was a hazard and that the owner should have been aware of it, you will need to show that they failed to remedy it, protect visitors from it, or provide a notice. For example, if the problem is a hole in the roof, and the owner notices it and calls to have it fixed, but someone is wounded before it can be fixed, they are unlikely to win their case.
Why? Because the owner has taken reasonable steps to address the problem. There must have been sufficient time for them to act. If a hazard occurs and someone is wounded two hours later, there may not have been enough time to rectify the situation or alert visitors. It all depends on the sort of hazard and the amount of work that has to be done.
Take notes from these typical examples
This sort of accident is caused by a number of different types of dangers. Spills, uneven flooring, plumbing leaks, loose or torn carpet, broken furniture, building sites that are not adequately roped off, exposed wires and cords, broken or missing railings, and a lack of notification of recognized risks are among them.
If you have been harmed in a premises liability accident, call Law Offices of Fernando D. Vargas for a free legal consultation at 909-982-0707 now. We’ll be ready to help you with the best case possible.
