If you injure yourself on another person’s property in California, most people may assume that you were at fault for the incident. But when you think about it, the other person could have taken steps to prevent the accident. He or she could have shoveled the ice off his or her driveway or repaired the rotting porch stairs. If you take the matter to court, who will it ultimately hold responsible for the injury?
If you get injured on another party’s property, who is responsible?
Under premises liability, you may be able to sue the property owner if you injure yourself on his or her property. However, you’ll have to prove a few things in court before you receive a payout.
Basically, you’ll need to prove that the owner of the property was aware of the issue and could have taken steps to prevent the safety hazard. For instance, if you slipped and fell because a person failed to shovel his or her icy driveway, you may have a successful lawsuit on your hands. But if someone robs you on another party’s property, that individual couldn’t have anticipated that was going to happen unless you somehow prove that he or she knew ahead of time.
You’ll also have to prove that you were a legal visitor on a person’s property. You may be able to sue for damages if you were a customer or a visitor. But if you trespassed on another person’s property, he or she probably won’t be held liable for your injuries. If anything, you may get in trouble for trespassing.
How can you proceed after you’ve been injured?
Talk to an attorney if you think you have a potential premises liability claim. A lawyer could figure out if you have a valid liability claim and, if so, how to proceed to receive the maximum amount of compensation from the property owner.