Premises liability – when are you entitled to compensatory damages?

Premises liability – when are you entitled to compensatory damages?

Premises liability refers to the legal duty of owners to make sure that their property is safe and free from hazardous conditions. This comprises eliminating tripping precarious, improving the condition of slippery floors, lighting the outdoor areas, and more. If you have suffered an injury that was extremely expensive, but most important frustrating, due to another person’s negligence, you are entitled to compensatory damages. You can recover compensation for your lost time at work and your medical bills. In this article, we will discuss when your Tustin injury attorney can hold the property owner liable for negligence.

Liability differs according to state

Legal responsibility is established by the laws and the procedures of the state in which the injury has taken place. Under California law, for instance, if you are injured due to the real estate’s owner negligent management you “may” be entitled to compensatory damages. We place special emphasis on the word “may” because liability is not automatically imposed. A California Premises Liability Infographic is explanatory enough when it comes to such matters. The truth is that determining negligence depends on a number of circumstances, the responsibility of the owner to ensure safety being only one of them.

Providing fault

From a historical point of view, if the owner is liable for sustained injuries on the property depends on the status of the person entering the land. There are three basic statutes that you should be aware of: invitees, licensees, and trespassers.

Invitees. An invitee is defined as someone who enters land which is generally open to the public. Towards the invites, the defendant owes the responsibility of reasonable care in maintaining the land. This duty includes an obligation to make the property safe for others.

Licensees. The licensee is the person who has permission from the defendant to enter the land. An example of licensees are social guests. Nonetheless, if the social guest is demanded to leave the property and says no, he becomes a trespasser.

Trespassers. A trespasser is obviously someone who unlawfully enters the property, namely a person to which the defendant owes no duty.

This historical approach is used in the vast majority of jurisdictions in order to determine the status of the person who enters the property.

Establishing duty depends on the circumstances of the case

The duty can actually shift with the context or the situation. Let’s enlarge upon this matter. Determining negligence in the case of a car accident demands a set or criteria, which means that a cases will require another. The scope of premises liability differs a lot from slip-and-fall injuries in convenient stores, not to mention that they are in no way similar to fatal accidents. On the other hand, if someone is wounded on another person’s property. In this case, four elements have to be established in order to determine if the owner was in fact negligent: duty, breach of legal responsibility, injury and causation. In addition to this, it is necessary to bring evidence that the property owner has failed to fulfil his legal duty and that the injury is the direct result of this negligence.