Filing a premises liability injury claim is a challenging legal task that can be very difficult for an inexperienced person. Claims are always defended vigorously, and not having legal counsel is a sign the claimant is not serious about pursuing financial compensation. Having a premises liability lawyer in Newport Beach means that all steps of the claim are filed according to standard accident law procedures and sends a message to the respondent that the claim is indeed a valid issue. Your Newport Beach premises liability attorney can notify the responsible party of the injury and intention to file a claim or a lawsuit in the event the respondent insurance provider denies the claim.
Proving the Injury Claim
Once the property owner or manager has been notified, your personal injury attorney in Newport Beach can proceed in proving the case. Standard steps in verification are:
- Establishing ownership or control of the property
- Establishing a reasonable duty of care to the injured client
- Establishing injuries were suffered by the client on the property
- Providing evidence of respondent negligence as the proximate cause of the injury
- Understanding Negligence
All personal injury claims revolve around negligence. Sometimes the respondent is totally at fault for causing the injury, but sometimes there are multiple parties responsible. In addition, claimants are assessed for personal contribution to causing their own accident injury, referred to in premises liability claims as reasonable assumption of personal risk. Comparative negligence is a common defense in premises liability injury cases. The plaintiff’s legal representative will always focus on the negligence of the respondent while minimizing any personal fault of the claimant associated with the accident.
The California court system designates all claimants as either an invitee, a licensee, or a trespasser when adjudicating a premises liability case. Even a trespasser can be eligible for some level of damages under pure comparative negligence law applied in the state, and those responsible for property maintenance could still be held liable in gross negligence situations. The details of the case can matter significantly, including claimant status designation, and the actions of the claimant in light of the designated status is a common defense.
Contact a Personal Injury Attorney in Newport Beach
Never attempt to handle a premises liability claim alone. Claims commonly end up in court, are often defended strongly, and the case can be much more valuable than you realize. California residents should always call the legal professionals at Nazarian Law Firm for the best premises liability attorneys in Newport Beach.