Claim Procedures For California Premises Liability | Negligence Accident Victims
Have you ever been injured while you were an invitee, guest, patron or visitor in a commercial building, private residence, or government installation? Was the injury caused by something that the building management should have prevented or could have prevented? If so, you may have a Premises Liability claim against the owners of that building, residence or installation.
Generally speaking, in order for an injured party to prevail on a claim for personal injuries arising from a dangerous condition on the property on which he/she is a guest or visitor, that party must prove that:
- The liable party was the owner of the property where the incident and injury occurred;
- The liable party was negligent in using or maintaining that property;
- The liable party owed a duty to protect the victim;
- The victim was harmed; and
- The liable party’s negligence was the cause of the victim’s harm.
By virtue of being a guest/invitee or legal patron of the premises, the building management owes a certain duty to protect you from unreasonable and foreseeable harm while you are on their property. Failure to do so will form the grounds upon which you may initiate a claim for personal injuries – this is otherwise known as Premises Liability.
The analysis is not always so simple however. Personal injury under a premises liability theory is not a strict liability cause of action, meaning that the injury itself does not give rise to the claim. Rather, there must be negligence on the part of the building or property owner(s)/management team. Therefore, in these types of cases, the critical issues are (i) whether the owner of the property knew of the dangerous condition causing injury; and (ii) whether that owner acted in a reasonable manner in dealing with the condition that caused the injury.
If you are injured as a guest, invitee, patron or visitor of a commercial building, private residence, or government installation, you need legal experts who know how to navigate this complex maze of ownership entities, preservation of evidence demands, insurance companies, investigation and discovery of facts, claims processing, and litigation, as necessary. Without experience and know-how, your claim is in danger of being compromised and prejudiced, leaving you with nothing but pain and suffering. At Venerable Injury Law, we will not stand idly by while you suffer in silence. We will be the voice you need to present your case at the highest levels to receive the highest compensation possible.