By definition, premises liability observes property owners and their legal responsibility to be held accountable for injuries suffered on respective physical grounds, otherwise known as the premises. Taking legal action for such a case requires that the plaintiff prove that the damages were the direct result of the property owner’s negligence. Several examples of injuries that fall under this category include the fall of unsecured items, wet floor slipping, or shoddy construction injuries.
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An attorney specializing in premises liability in Thousand Oaks can work towards a solution and help answer questions related to these kinds of cases. If you or someone you know has been injured as the result of a third party failing to identify or correct dangerous property conditions, you have the potential for a case involving premises liability.
This is specifically determined on an individual basis, yet certain criteria play a key role in ascertaining whether or not the case is qualified to be filed under premises liability and whether or not the victim is entitled to monetary compensation.
Responsibilities of the Property Owner
Property upkeep on behalf of the landowner, in addition to the nature of the visit by the injured guest, specifically influences the establishment of duty in premises liability cases. In the State of California, elements that prove premise liability consider many variables with respect to the duty of the landowner. Several examples include the degree of physical and mental harm suffered on behalf of the plaintiff, foreseeable harm, policies surrounding the prevention of future harm, the degree to which injuries were suffered, and correlations between injuries suffered and the conduct of the defendant.
Businesses are held to higher standards of responsibility than residential areas due to the fact that they are projected to have frequent visitors with an obligation to keep such individuals safe on the premises. However, private residences have their levels of responsibility increased in cases where guests are invited for any particular reason if precautions have not been carried out.
Premises Liability Causes
The severity of injuries sustained in premises liability cases is a major factor in deciding the outcome of cases as well as damages awarded. Generally speaking, intense injuries warrant higher financial compensation. Yet, the cause of injury can be even more critical than the injury itself, regardless of how severe.
The main issue surrounding the majority of premises liability cases is quite simple. It involves asking the questions of who is responsible for the injury and what caused the injury. Differences in placing the blame can result from this, and proof of negligence is often necessary.
This means that the owner of the property could have failed to complete routine inspections or failed to make improvements to conditions they knew were unsafe. Therefore, it traces back to the responsibility when maintaining the property and whether the owner was legally mandated to take precautions.
Best Premises Liability Lawyers in Thousand Oaks
Navigating the nuances of cases in the premises liability category make it hard to place the blame. They are not as straightforward as they seem, and there are many elements that influence who the responsible individual is and what damages are most appropriate to award to the victim. Acquiring the aid of an experienced legal team like Bojat Law Group, will define all uncertainties and develop the ultimate strategy to recover compensation.