If you are injured on someone else’s property, and that injury was the result of the property owner acting negligently or recklessly, then you might have grounds for a premises liability claim. Keep reading to discover the three elements you would need to prove and then contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation with an experienced personal injury attorney.
- There Was a Hazard on the Property First and foremost, you must prove that there was a hazard on the property. This can be done with photos, video surveillance, and eyewitness testimony. If it was a hazard that had been around for some time, then we can also talk with individuals who are familiar with how long it has been there. Your personal injury attorney can work to prove the hazard and it seriousness.
- The Owner Knew About the Hazard or Should Have Known If the owner knew about the hazard and chose not to do something, then they are liable for the damages. However, even if they did not know about it, it might still be possible to win your case. What you then need to prove is that the owner should have known. The court will consider whether or not a reasonable person who owned a property would have been aware or should have been aware of the hazard.
- The Owner Did Not Repair, Protect, or Warn of the Hazard Once you can prove that there was a hazard and that the owner should have known about it, you then must prove that they did not repair it, protect visitors from it, or give warning. For example, if the issue is a hole in the roof, the owner becomes aware of it, and calls to have it repaired, yet before it can be repaired someone is injured, then they likely would not win their case. Why? Because the owner has taken reasonable action to try to repair the issue. There must also have been enough time that passed for them to take action. If a hazard arises and someone is injured two hours later, then that might not have been nearly enough time to repair or warn visitors. It all depends on the type of danger and the required repair.
Learn from These Common Examples
There are some common types of hazards that cause this type of accident. They include spills, uneven floors, plumbing leaks, loose or damaged carpeting, broken furniture, construction sites that are not properly roped off, cables and cords that are not covered, railings that are broken or missing, and a lack of warning of known hazards.
If you have been injured in a premises liability accident, your next step should be to contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation. We are standing by to provide the best possible case for you.
