Palm Springs Premises Liability Attorney
How to Apply for a Premises Liability Claim in Coachella Valley
According to premises liability law, landowners and store owners can be held legally responsible for an injury that occurs on their property. For example, uneven pavement that causes a person to trip and fall or an unmarked liquid spill that leads to a person's slip and fall accident could be reasons to take legal action against the property owner. Other common causes of premises liability accidents include:
- Insufficient lighting
- Falling objects
- Obstructed pathways
- Insufficient security
- Dog bites
- Slippery floors
- Unsafe playground equipment or future
- Loose wires
Not all accidents on another's property will be grounds for a premises liability claim. There are certain conditions of the property that must have existed on the property in order for a valid claim to be made within the legal system. The best way to ensure that your accident is one that qualifies for this type of legal action is by acquiring the services of a professional Palm Springs premises liability attorney that can evaluate your accident and help you move forward to discover if you have a legitimate case.
Discuss the details of your accident at no charge and without making any obligations during a free consultation at Barry Regar APLC. Call (760) 440-5643 today.
Basics of Premises Liability
When determining whether or not your accident and injury is one that qualifies for a premises liability claim, you will need to be aware of the following criteria:
- First, the defendant against whom your claim is being made must technically possess ownership and or control of the land or premises on which you were injured.
- Second, as the victim, you must have been legally on the premises on which you were harmed. It is uncommon; but possible for trespassers and even criminals to make viable premises liability claims.
- Finally, you must be able to prove that negligence was the cause of your accident.
Using the evidence discovered in your case, it must be proven that the defendant/property owner failed to maintain his/her premises in a reasonable and safe condition. This is usually the most important element of a case, because without this piece of evidence no premises liability claim viably exists. Landowners are expected to properly maintain their property, keeping it free from hazardous materials and dangerous situations that could be a foreseeable cause of harm to persons on the property. Only when a lawyer can determine that the defendant violated his or her duty to promote safety and maintain safe premises can you have the opportunity to be successful in your premises liability claim.
Conditional Circumstances: Trespassers and Children
In some cases, it will be more difficult to prove a premises liability claim. As mentioned above, a trespasser that is injured while on another person's land will have a much more difficult time justifying his / her claim. One of the primary requirements for making a claim of this nature is proving that you were legally on the premises on which your accident and injury occurred. Trespassers are unable to meet this requirement, significantly impacting their ability to adequately make a claim. However, in some cases, the law may still permit their claim such as in those instances in which no sufficient warning was given as to the dangers on the property. Additionally, setting a trap specifically designed to harm trespassers without warning could make the property owner liable for damages.
It is the duty of the possessor of property to provide sufficient warning of potential dangers and hazards if she/he has any reason to foresee that a child could enter the premises and not be able to appreciate the dangerous condition that may exist such as toxic materials, uncovered pits, machinery, or unprotected live electric current. This is the legal concept of, "Attractive Nuisance", which holds a landowner responsible for dangerous conditions on their property that attract children to enter the property, such as bodies of water with submerged rocks and toxic chemical contents. In fact, property owners of said conditions are required to take immediate action to alleviate the situation as quickly as possible to avoid injuries to children.
Obtain Trustworthy Counsel to Protect Your Best Interests
Pursuing a successful premises liability claim is usually accomplished with the help of personal injury professional since we know best how to address these matters in and out of court. Even if comparative fault is used against you, we know the appropriate means to protect your legal rights and strive to provide you with the compensation appropriate for your case and allow you to concentrate on your recovery.
The sooner that you contact Palm Springs Premises Liability Attorney Barry Regar, at our office, the sooner we can go to work on your behalf.