If you were injured as a result of any of these or other dangerous property conditions, you may be able to hold the property owner liable for failing to perform adequate maintenance or warnings.
Antelope Valley Premises Liability Lawyer
Elements of a Premises Liability Claim in Lancaster & Palmdale
The civil courts in the Antelope Valley and throughout California recognize the right of an accident victim to sue for injuries suffered on the property of another party under certain circumstances. If it can be proven that the accident could have been prevented through reasonable precaution on the part of the property owner or certain other parties, the plaintiff stands to recover monetary damages for his or her losses.
The California Civil Jury Instructions direct jurors to evaluate cases for the following elements to determine whether a claim is valid:
- The defendant owns, leases, occupies or controls the property where the accident took place
- The defendant was negligent in the use or maintenance of the property
- The plaintiff was harmed in the accident
- The defendant's negligence was a substantial factor in causing the plaintiff's injury or death
Provided that these elements can be satisfied in your case, you may be able to recover financial compensation for your medical expenses, lost income and pain, suffering and emotional distress.
Examples of Premises Liability Claims
Probably the most widely recognized example of a personal injury case involving premises liability is the slip and fall accident. If the defendant knew, or reasonably should have known, about the spill or other hazard that caused the fall yet did nothing to remove the danger or to provide warning, the accident victim has grounds to sue.
Another example is a swimming pool accident occurring in one of the many pools located in the backyards of Palmdale and Lancaster. If the drowning or other accident could have been prevented by a proper four-sided fence with a self-latching gate, the accident victim or surviving family members can often pursue legal action.
It is also possible to sue a landlord for a dog bite when he or she was negligent in providing a fence or warning signs to the public, or to file a claim against a landlord or hotel operator for a robbery, rape or assault that could have been prevented with proper security measures.
There are many possible scenarios for a premises liability claim, and if you believe that you may have a case, we encourage to you contact us at Accident Attorneys for a free consultation with an Antelope Valley personal injury lawyer.
When Is a Property Owner Liable?
Generally speaking, property owners have a responsibility to keep their premises reasonably safe for guests, visitors, tenants, employees, customers, and/or anyone else who legally enters the property. If a dangerous condition exists on the property, and the property owner is aware of (or should be aware of) the condition, the property owner has a duty to address, correct, repair, or warn of the condition.
Some examples of dangerous property conditions include:
- Spilled liquids
- Icy ground
- Loose dogs/animals
- Lack of exit signs
- Unfenced swimming pools
- Torn carpeting
- Lack of handrails
- Dangerous stairs/stairwells
- Uneven floors
- Lack of security guards/cameras
- Lack of emergency exit plan signs
- Dim lighting in walkways and other similar areas
Call Us for a FREE Case Evaluation Today!
Premises liability claims are often very complex. It is in your best interests to work with an attorney who has the experience and knowledge needed to achieve a successful outcome. At Accident Attorneys, we have more than 75 years of combined experience in a broad range of personal injury matters, including unsafe premises. Our Lancaster premises liability lawyers serve clients throughout Antelope Valley and are prepared to fight for your fair recovery.
If someone else's negligence or carelessness caused your accident, you have the right to pursue financial compensation for your damages. Speak with a lawyer from Accident Attorneys to learn more about your legal rights and options with our firm. You can also fill out an online evaluation form for additional information about your unique case.
Every case is different. A variety of circumstances determine the value of your claim. Property damage, medical expenses, hospitalization fees, pain, and suffering, missed wages, and many other factors can affect the outcome of your case.
You can even collect damages for future unemployment / missed wages and ongoing medical costs. Speak with a member of the legal team at Accident Attorneys to learn more about the potential value of your case.
If you file a claim against an individual, his / her insurance company is probably aware of the judgment. If the insurance is unaware of the settlement, you can notify the insurer. At this point, the insurance provider should issue a check for the settlement.
If the responsible party does not have insurance, you may need to enter the settlement with the court. The court has the authority to enforce the judgment if the responsible party refuses to pay.
There is no minimum amount of money allowed for a personal injury settlement; every case is determined by the unique facts surrounding the claim. Additionally, most jurisdictions do not have a cap on the amount of my money that you can receive through a personal injury settlement.
In California, the amount of money that you can receive for noneconomic damages (pain, suffering, etc.) for a medical malpractice case is limited to $250,000; however, other injury settlements are not subject to this restriction.
Generally speaking, parents are not allowed to access any money given to their child for a personal injury settlement. This is because some parents may take the money for their own benefit instead of the child.
Your child's money will probably be placed in a blocked bank account that only he / she can access at the age of 18. The court may allow you to access the money sooner, but only if it is needed for the child's well-being or health.