The Legal Implications Of Trespassing In Premises Liability Claims In California
Property owners and the persons in charge of a property are liable for any accidents that cause injuries and losses. For example, if you slipped and fell in a grocery store, you can sue the owner or the manager for failing to clean up spilled liquids on the floor.
That said, what happens when the injured party is not legally on the property? First, let's look at what our prescreened Accident Attorneys in California have to say:
What Is Premises Liability Law In California?
Premises liability in California states that owners or the people in charge are liable for injuries from hazards on their property. The most common examples of these hazards include:
Lack of barriers and warning signs on a pool, especially when there are children around
Not cleaning up or putting "slippery floor" signs on wet floor
Not fixing safety problems in a building, i.e., broken floorboards, faulty wires, and dangerous stairs
If unsure whether you're eligible to file claims, contact a Los Angeles Accident Attorney to assess your case. An experienced lawyer can identify potential cases, defendants, and arguments to help you succeed.
Can Trespassers Claim For Damages In Premises Liability Claims?
Owners have a lesser duty of care to trespassers since they are not required to warn them of hazards that would otherwise exist on the property. However, if an owner or possessor is aware of a trespasser's presence, it is their responsibility to alert them to any hazardous situations on the property.
The property owner need only take reasonable actions to warn visitors about the hazardous situation or to remedy it. Depending on the nature of the dangerous state, how evident it is, and how much it will cost to fix it will determine if it needs to be fixed or if warning signs will do. For example, putting up a "danger: high voltage" sign or a barrier against the hazardous area can be enough.
That said, premises liability, like most personal injury claims, can be confusing. Therefore, it's best to have a prescreened California Accident Attorney assess a client's case and suggest possible legal options.
Who Can Sue For Premises Liability Claim In California?
The ones who can file a premises liability claim could include invitees or someone with a legal reason to be on the property. This includes guests you have invited or a mailman that has a legal reason to be on the property.
Contact a prescreened California Accident Attorney ASAP if you've been injured because the property owner was negligent.
What Can You Get From A Successful Premises Liability Claim In California?
Plaintiffs can be awarded the following damages in California:
Economic Damages. This includes monetary damages like medical expenses, income loss, property damages, and so on.
Non-Economic Damages. This includes more "intangible damages" like emotional distress, loss of consortium, loss of the enjoyment of life, etc.
Punitive Damages. This is only awarded for egregious circumstances involving malicious intent or grave misconduct. Plaintiffs will be awarded extra damages on top of the economic and non-economic damages they're already owed.
Do note that you could be partially responsible for the accident. Even still, your Los Angeles Accident Attorney can help you argue that the other party was more liable, so you can still claim damages even if there will be some deductions.
Remember, you can't just sue someone without anything to back it up. Hence, you and your California Accident Attorney need to compile evidence and a solid argument to ensure the success of your premises liability claim.