Irvine Premises Liability Lawyer
Premises liability refers to liability arising as a result of the ownership of some real property, or land, on which an injury to another person occurred. Slip and fall cases, which commonly occur when customers are injured in a store as a result of some dangerous condition, are the most common type of premises liability lawsuits. However, premises liability law also determines the outcome of cases involving dog bites, construction accidents, and in some cases, intentional acts by third parties.
If you were injured while lawfully on someone else’s property and believe your injury was the result of their negligence, you may be able to hold them legally liable with the assistance of an Irvine premises liability lawyer. An Irvine injury lawyer will help you determine exactly what legal remedies are available to you and will assist you in pursuing those remedies in a way to maximize your chances of a favorable outcome.
Premises Liability Laws
If a person has been injured on someone else’s property in Irvine and are seeking legal relief, it will be important to understand certain basic elements of California negligence law. Premises law in California is based upon both statute and case law. California Civil Code section 1714 provides that “Everyone is responsible . . . for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.”
If the individual can prove that the person who owned the property on which their injury occurred was negligent, or failed to use due care to make their property safe for others, they may be able to recover substantial sums from them. The level of ordinary care a property owner must use will depend on the specifics of the property itself – whether it is open to the public, the degree of control the property owner exercises over it, and what kinds of activities take place on the property.
In addition to establishing what level of care a property owner must use to prevent injury to others, much of the court’s determination will focus on whether or not the injury suffered was foreseeable. A property owner who should have foreseen that an injury was likely to occur and did not take reasonable steps to prevent it will typically be liable for the injuries.
A premises liability attorney in Irvine will be able to assist the individual in identifying and collecting the necessary evidence to allow the court to make an appropriate liability determination. Obtaining a lawyer with relevant experience can be very helpful, as per se negligence may be established if the individual can prove that the property owner was in violation of some law or regulation relating to his business at the time the injury occurred
Collecting all the necessary evidence to allow a court to recreate the circumstances surrounding the accident is important not only to establish premises liability but also to avoid an unfavorable determination of fault. The more evidence the plaintiff can show the court to prove that the property owner should have acted in some way to prevent the injury, the more likely the plaintiff is to recover damages.
California is a comparative negligence state, which means a person’s own actions can also affect their recovery. If the court determines that the individual contributed to the cause of their accident, some portion of the fault may be apportioned to them. The plaintiff can still recover substantial damages even if they are determined to be partly at fault for the injuries, for example, if the court finds that an individual was acting carelessly. However, the total damages the plaintiff may recover will be reduced in proportion to their share of the fault.
Elements of a Claim
In order to recover from the owner of the property on which the individual was injured, they will need to establish that they owed the individual a legal duty and that they breached that duty. The person injured must also prove, through the introduction of relevant evidence regarding the circumstances of their injury, that the at-fault’s party breach of duty directly caused the individual’s injury.
Many different factors will be considered by the court in determining premises liability cases depending on the circumstances of the accident. The assistance of an Irvine premises liability lawyer with experience in this type of law is invaluable.
Your attorney will help you collect the evidence necessary to prove all the required legal elements of your premises liability case, in addition to establishing what damages the property owner is liable for in Irvine.
Contacting An Attorney
Many cases involving premises liability result in serious injuries, and filing a lawsuit can seem overwhelming when you are trying to focus on your recovery. However, if you wish to hold the owner of the property where you were injured liable for your injuries, you must move quickly to exercise your legal rights.
The longer you wait to seek legal recovery for your damages, the more difficult obtaining a favorable judgment becomes. Our experienced Irvine premises liability attorneys will help you determine exactly what damages you are entitled to and will help you pursue the legal remedy you deserve every step of the way.