When injuries are caused by defective property conditions, a resulting legal claim is considered a premises liability lawsuit. Defective property conditions may be based on flawed design, shoddy workmanship, poor maintenance and upkeep, a lack of safety features, or a number of other conditions that could cause an injury. A skilled California Premises Liability Attorney at The Law Office of Black & DePaoli, PC can help you bring a lawsuit against a negligent property owner or occupier if you have been hurt due to a property defect.
Bringing a Claim Based on Defective Property Conditions
The first question that you might have after an accident on someone else’s property is who was responsible for the defective property condition that caused your injuries. Generally, owners and occupiers of land owe a legal duty to visitors not to subject them to an unreasonable risk of harm due to a defective condition.
An owner or occupier has the opportunity to inspect their property and determine whether there are any defects, whereas you, as a visitor, do not. However, the caveat is that you must use the property in a reasonable way. If you are hurt because you fail to act reasonably in response to a danger, you would not be able to hold the owner or occupier responsible.
To prove a premises liability case, you will need to establish that the defendant negligently failed to abide by a duty to keep the property reasonably safe, a substantial factor in your getting injured was because of the way that the defendant owned, occupied, leased, or controlled the property, and you were harmed. The defendant will be considered negligent in taking care of the property if there is a condition on the property that creates an unreasonable risk of harm, they knew or should have known about it, and yet they failed to repair the condition or protect visitors from the harm that you suffered.
Defective property conditions may include a wide range of problems on a property, including broken steps, broken railings, a poorly constructed balcony, faulty wiring, negligent security, improperly stacked merchandise, cracks in the sidewalk, improperly placed bumpers, or poor lighting. If you are injured due to a defective property condition, you should take a photograph of the defect as well as your injuries. Sometimes, when an accident occurs at a business, there is surveillance tape, but often this tape is reused in the ordinary course of business within a short window of time. Additionally, witnesses’ memories may fade as the accident recedes into the past, so it is critical to retain an injury attorney as soon as possible in the aftermath.
Discuss Your With a California Premises Liability Attorney
If you have suffered an injury due to a defective property condition, you should retain an experienced California Premises Liability Attorney. Attorney Travis G. Black formerly worked in the insurance industry and understands how adjustors may respond to your claim. You should call him before speaking to insurance adjustors for a property owner or business. Our Folsom firm offers diligent legal representation to people who need an injury attorney in many types of situations. Contact us online or call The Law Office of Black & DePaoli, PC at (916) 962-2896 for a free consultation.