In the state of California, it is a legal obligation that the owner of a piece of property ensures that it is free from hazards that could injury a person on their property. If they don’t keep up with this obligation, then they could be sued.
If you’ve suffered an injury on the property of someone else, and that injury was the result of their negligence, then you may have a premises liability claim. Read on to learn the three things that must be prove and then reach out to Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
- The person or entity you’re suing must have been in control of the property
- The person or entity you’re suing must have been negligent in maintenance
- The negligence of the party or entity you’re suing directly caused the injury
First, we must prove that the person who was responsible for your injury was the person who owned, leased, or otherwise occupied the property. They must have been in a position of control and it must have been their responsibility to keep the property safe.
In some cases, this is the occupying tenant who doesn’t legally own the property but has assumed control of the property and is required to keep up on maintenance. On the other hand, the owner of the property can be liable if the area you were hurt was under their control. One example is if the owner of the building was responsible for common spaces and you were injured in a common space.
Next, we must prove that the party you’re suing was negligent in maintaining the property. They must have, in some way, failed to take reasonable measures to keep the property safe. This can include many situations, including creating a dangerous situation via negligent action, not warning about hazards on the property, or not addressing or fixing hazards on the property within a reasonable timeframe after discovering them.
Even if they didn’t know about the dangerous condition, it’s still possible to win a personal injury case. This is because the owner is required to inspect their property for potential hazards on a regular basis. If they haven’t done that, then all we need to do is prove that they should have been aware of the hazard – even if they weren’t.
Finally, we must prove that your injury was the direct result of the property owner acting negligently. We will gather all the evidence we can to show that your accident and injury wouldn’t have occurred if it weren’t for the hazard on the property.
Still not sure if you have case? Reach out to us today
Are you wondering if you have a case? Do you want to know what your chances are? Then reach out to Law Offices of Fernando D. Vargas at 909-982-0707 today. We offer a free legal consultation to get started. We also take cases on contingency, which means that if you decide to move forward with your case, you won’t pay a cent to us until money is recovered for your case.
