How to Prove a Premises Liability Case

How to Prove a Premises Liability Case2020-04-30T10:11:22+00:00

How Our Property Injury Lawyers in Newport Beach Determine Liability

Premises liability cases are very complex, and are not as cut and dry as some people may think. However, as an experienced premises liability lawyer in Newport Beach, our team has successfully represented many people who have fallen victim in a premises liability accident. It is vital to understand how these cases work, as well as the steps that are needed to be followed for legal proceedings. When a premises liability case comes about, it is because a property owner or manager failed to provide a duty of care for the visitor who entered the premises. Property owners and managers have a legal responsibility to provide a safe environment for visitors, and if this duty of care is breached, they may be held responsible for the losses that the victim suffered. For instance, a premises liability case can occur on the grounds, within a building, or anywhere within the property’s boundaries.

These types of accidents include an abundance of potential causes, such as:

  • Slip and fall accidents
  • Fallen equipment
  • Flammable materials
  • Construction zones
  • Dog bites
  • Security issues
  • Stairways and walkways
  • Uneven or cracked pavement
  • Insufficient lighting
  • Obstacles in a walkway

These are just a few of the most common premises liability causes; however, there are many more as well. As for proving a premises liability case, each state varies in terms of the elements that are needed to prove. Whatever the case may be, there are various pieces of evidence that are required, such as whether the person who was hurt was negligent, whether the person who was injured was leasing or was in residence of the property, and more. Overall, there are a number of different factors that must be considered. By speaking to our Newport Beach premises liability attorney, we will provide a thorough explanation and do an assessment of your particular case. Since every case is unique in its own way, there is no cut and dry way of answering as to whether you are entitled to compensation unless we are able to prove with credible evidence.

If a property owner fails to inspect, examine, and ensure that their property is in reasonably stable condition, then he or she can be held responsible for any injuries caused on the premises. Keep in mind that the property must be in reasonable condition. The victim must also practice their own duty of care and their own negligence should not be the root cause of the accident if they expect to be compensated and represented by an attorney.

Additionally, there are three categories of people who enter a premises, which are invitees, licensees, and trespassers. An invitee is someone who has entered the premises by invitation, such as a friend, neighbor, or relative. As an invitee, the property owner owes a duty of care to him or her. Therefore, the premises must be reasonably safe for the invitee to enter. A licensee is someone who asked permission to enter the premises, such as a salesperson. The property owner owes a certain amount of duty of care to the licensee if the property owner granted him or her access. Lastly, a trespasser is someone who illegally enters the premises and remains on the land without permission. There is no duty of care that applies to the trespasser, unless the trespasser is a child; however, this rule can become complicated. Therefore, you should seek help from our team of premises liability attorneys so you have a better idea based on your particular case.

If you or someone you know is in need of a personal injury attorney in Newport Beach, then do not hesitate to reach out to us at any time. Like stated previously, we have a full understanding of these types of cases, so you can trust that we will work diligently and be the team of aggressive attorneys that you need during your time of need. We know that dealing with the aftermath of a premises liability case is extremely stressful and devastating, which is why we take pride in representing accident victims. We offer free consultations and work on a contingency fee basis, which means that you do not have to pay a thing unless we win your case in the end. Contact us today for legal help.

Free Confidential Consultation


PERSONAL INJURY

| Call