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Premises Liability Accident in Camarillo
Have you or a loved one been involved in a premises liability accident in Camarillo? If so, contact an experienced premises liability lawyer at Bojat Law Group, to legally assist you. Find out more on premises liability claims.
It is the legal responsibility of property owners and land possessors, such as the person leasing a property to keep their premises safe from risks and hazards that can cause injury.
A premises liability accident occurs when a person encounters unsafe and hazardous conditions on somebody else’s property. When this happens, the victim has the right to pursue an injury claim known as “premises liability”. Under California laws, a person who was injured on someone else's property—privately owned, managed by a business, or Government entity, may be entitled to financial compensation for damages.
Oftentimes, a premises liability accident is due to the negligence of the property owner, or land possessor to keep their premises safe from hazards. In order to obtain compensation for damages, you have to prove the negligence of the property owner or operator of the premises.
Learn more about premises liability, how to prove premises liability, what to do when injured on someone else’s property, liability based on the status of the injured person, damages you can claim in property liability, why you need a property liability attorney, and more.
How To Prove Premises Liability
Four elements must be established in proving a premises liability. The victim must prove the following:
- The property owner or property possessor owed the victim a duty of care.
- The duty of care was breached by the hazardous conditions of the property.
- The breach of duty is the cause of the victim’s accident.
- The victim suffered damages as a result.
What To Do When Injured on Somebody Else's Property
If you were injured on a business-managed property or a privately owned home, ensure you take the following steps.
- Seek immediate medical attention regardless of the extent of your injuries.
- Document evidence of the accident by taking videos and photographs.
- Inform the business or property owner about the accident.
- Seek legal assistance from an experienced premises liability lawyer in Camarillo.
Please, ensure you take proper steps to protect your right to a claim by not doing the following:
- Post or comment about your accident on your social media until your case is settled.
- Wait before seeking medical attention because your injuries are not severe.
- Speak to the insurance adjuster of the at-fault party or allow recordings of statements about your well-being.
- Do not sign any documents without seeking legal assistance.
Liability Based on The Status of The Injured Person
In California, the exact duty of care is dependent on the person’s reason for being on the property. There are three types of visitors; an invitee, a licensee, or a trespasser.
An invitee is any person who enters the property for business purposes. For instance, a client at a hair salon. California premises liability laws state that the business owner owes an invitee a duty of reasonable care in maintaining and controlling the premises.
It is the obligation of the business owner to make the premises safe for clients and others.
A Licensee is a social guest, who has the permission of the property owner, whether express or implied, to be on the premises. For licensees, it is the obligation of the property owner to warn the licensee of concealed dangers that he/she doesn’t, or isn’t expected to know about.
In a situation where the licensee was asked to leave the property and refused, the visitor’s status would likely change to “trespasser”.
A trespasser is someone who doesn’t have permission to be on a property or a person who unlawfully enters someone’s property. In this case, the property owner owes the trespasser no duty except refraining from willful or recklessly harming them. A property owner owes a higher duty of care to children trespassers.
Damages You Can Claim in a Property Liability Accident
To claim damages in a property liability, the victim must show that the negligence of the property owner or property possessor was a considerable factor in causing their injuries. The harm suffered must be reasonably foreseeable and the actions or inaction of the property owner contributed to it.
The following are the damages a property liability accident can claim:
- Economic damages- premises liability accident victims can claim economic damages, which are the financial losses incurred as a result of the accident. They are;
- Cost of medical treatment.
- Loss of current and future wages.
- Loss of earning capacity, that is, if you suffered permanent injuries that would prevent you from working.
- Other medical costs.
- Non-economic damages- premises liability accident victims can claim non-economic damages, which are the intangible losses incurred as a result of the accident. They are the impact of the accident upon the victim’s life. They include; Compensation for pain and suffering, emotional distress, scarring and disfigurement, and permanent physical impairment.
In a situation where the accident results in the death of the victim, surviving family members can file a wrongful death lawsuit.
Why Do You Need a Premises Liability Attorney?
Premises liability cases can be very tricky, and complicated. It is necessary to hire an experienced premises liability attorney. At Bojat Law Group, we are committed to assisting you with the legal assistance you may need to ensure your claim, and ensure you obtain maximum compensation for your damages.
You need our experienced premises liability attorney to assist you in the following ways:
- Filing the lawsuit; you need our premises liability attorney to assist you in filing the lawsuit for damages incurred as a result of the accident.
- Gather evidence to prove your claim- our experienced premises liability attorney and legal team will assist you in gathering all the evidence you need to prove your claim for damages.
- Negotiate on your behalf- our experienced premises liability attorney will negotiate on your behalf, for full compensation.
- Represent you at a jury trial- when a favorable compensation amount cannot be agreed upon, you will be represented at a jury trial by our premises liability attorney.
Bear in mind that insurance companies want you to settle for as little claim as possible, and may want to use your statements against you. Hiring an experienced premises liability attorney may ensure you full compensation for your damages.
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