San Clemente Premises Liability Lawyer

If you or a loved one suffered an injury while on someone else’s property, you have legal options and might wish to reach out to a legal professional for assistance. An owner or occupier of a property who fails to safely maintain the premises might be considered liable for any injuries you sustain due to their negligence.

A practiced San Clemente premises liability lawyer who is familiar with the laws governing your case could zealously defend your interests and uphold your legal rights. An accomplished personal injury attorney could also work tirelessly to help you file a thorough and persuasive suit against the property owner for the damages you incurred.

What Are Dangerous Premises?

Property owners in California have a duty to fix hazards on their property or warn people about those dangers. A property owner must also take reasonable care to discover any dangerous conditions. A premises liability attorney in San Clemente could present a compelling claim showing that the owner was aware of or should have been aware of the hazard that caused the plaintiff’s injury, including evidence revealing:

  • The hazardous condition
  • Previous complaints about the hazard
  • How long the hazardous condition existed
  • Insufficient attempts to remediate the hazardous condition

For example, someone could be injured by slipping on a wet surface, falling on broken stairs, or slipping on ice. Serious premises liability incidents frequently occur at grocery stores, malls, government facilities, commercial buildings, and private residences.

Establishing Liability in a San Clemente Claim

The vital element to prove liability in a case is that the defendant had knowledge of the hazardous condition. If the property owner did not know of the hazard, it may not be possible to hold them liable for injuries the plaintiff sustained.

However, there could be an exception to this rule if the property owner did not sufficiently inspect the premises and, therefore, failed to properly check or maintain their land. A seasoned San Clemente attorney could help a premises liability injury victim by investigating liability and building a strong case showing that the dangerous location was not inspected within a reasonable period of time.

Premises Liability Laws

California Civil Code §1714(a) bases premises liability on the doctrine of negligence, stating that individuals are responsible both for the consequences of their willful actions and for any injuries sustained by others due to their failure to exert reasonable care. To pursue a premises liability lawsuit, the plaintiff must establish that:

  • The at-fault party occupied, owned, leased, or managed the property
  • The at-fault party was negligent in using or maintaining the property
  • The plaintiff suffered injuries
  • The at-fault party’s negligence was directly responsible for the plaintiff’s injuries

Under California law, the property owner’s duty of care is based on how a sensible person would act in a similar situation. In addition, the state’s comparative negligence doctrine could apply to circumstances where the hazardous condition was so blatantly obvious that a reasonable individual would have seen it. In such cases, any damages awarded to the injured victim could be reduced by the percentage of fault assessed to them in the accident.

Financial Recovery

In a claim, an injured individual can pursue damages for both economic and noneconomic losses stemming from the accident. Economic damages include medical expenses, future medical care, lost income, lost earning potential, and property damage costs.

Noneconomic damages, on the other hand, do not have a set dollar amount, but include compensation for damages such as disfigurement, scarring, and pain and suffering. Depending on the nature of the accident, the injured party may also be eligible to receive punitive damages, such as when the at-fault party was grossly negligent.

Contact a San Clemente Premises Liability Attorney for Help

If you have questions about how to pursue a claim to recover damages for injuries caused by hazardous property conditions, a San Clemente premises liability lawyer could assist you and discuss your concerns confidentially. Call today to see what could be done for your case.