San Juan Capistrano Premises Liability Lawyer

Premises liability cases involve individuals who are injured due to unsafe or hazardous conditions on another’s property. Responsibility for preventing accidents on a property may lie the property owner, the lessee, the property manager, or anyone else in control of the property.

Generally, those in control of property must exercise reasonable care in keeping the property in a safe condition and finding and removing any hazards that might exist. If you or a loved one sustain injuries due to some unsafe property condition, you may benefit from consulting a San Juan Capistrano premises liability lawyer for advice. A well-versed personal injury attorney may help you determine whether you have a viable claim.

Negligence by Property Owners

California Civil Jury Instructions §1000 provides that individuals who own, rent, or control property have a legal duty to make sure that their property is safe for those they invite onto the land. For instance, this would include customers of a business or guests of a private home.

Individuals who fail to live up to this legal duty, such as by failing to maintain their property, and thus substantially contribute to another’s injuries, may be financially responsible for those injuries. In this situation, a premises liability attorney in San Juan Capistrano may be able to assist individuals who unexpectedly suffered injuries due to a property owner’s negligence.

Measuring the Duty to Keep Premises Safe

The extent to which landowners, renters, and others in control of property must keep it well-maintained and safe for others is somewhat subjective. There are various factors that may play into a legal determination as to whether individuals acted reasonably in the maintenance of their property so as to prevent harm to others.

Individuals may owe a higher duty of care to children, since they may be more vulnerable to risky situations than adults. While it might be sufficient for adults to post a sign warning people to stay out of a body of water, it may not be sufficient for children who may not read or pay attention to signs.

Other factors that might impact landowners’ liability in a premises liability claim may include the location of the property, the likelihood that the hazard that led to the accident would actually cause harm to another, the severity of any potential harm, and whether the landlord reasonably knew or should have known about the hazard. Since these situations are so fact-dependent, individuals may need to seek legal advice from a San Juan Capistrano premises liability lawyer who could assist evaluate the validity of any legal claims they may have.

Statute of Limitations

Under California law, individuals have two years from the date of the accident that led to their injuries to file suit against any responsible parties. If a person fails to meet that deadline, which is commonly referred to as a statute of limitations, they may lose the opportunity to hold anyone liable for their damages.

If one or more of the responsible parties are public entities, then individuals have only a shortened period of six months in which to file a claim. An accomplished lawyer could help an injured victim file a claim within the statute of limitations.

Let a San Juan Capistrano Premises Liability Attorney Help

When you are injured on another’s property, you may suffer serious injuries that impact your ability to work and cost you thousands of dollars in medical expenses, both now and in the future. If another’s negligence caused a hazardous condition on the property that led to your injuries, then you could have the right to hold those individuals responsible.

By contacting an experienced San Juan Capistrano premises liability lawyer, you may be able to determine whether you have a viable legal premises liability claim. To get started, call today.