California laws require landowners and possessors to maintain their properties to protect visitors from harm. Property owners also have a legal obligation to use due diligence by conducting regular property inspections to observe defects and other hazards that could place guests at risk.
Civil legislation and personal injury laws could entitle you to collect a settlement from the negligent party if you suffered damages on someone else’s property. Schedule an appointment with a seasoned Bakersfield premises liability lawyer to review your case and evaluate your options.
Premises Liability Lawsuits
Many negligence cases fall within the area of civil law, and some common reasons for legal action include:
- Trip, slip, or fall accidents
- Dog bites or attacks
- Swimming pool accident injuries
- Inadequate security
- Amusement park accidents
- Elevator or escalator accident injuries
A diligent attorney in Bakersfield can investigate a premises liability incident evidence and collect the evidence needed to establish fault.
Proving Liability
Premises liability law appears relatively straightforward, but proving fault can become complicated, presenting many hurdles for plaintiffs. After an accident, people can sue the person responsible for private homes, public property, or businesses; however, collecting compensation is impossible without proving certain factors required by the law.
The lawsuit must show the presence of unreasonable risks and foreseeability. The case must also establish that the owner knew or should have known had they upheld their legal obligation to maintain the area. Finally, the claim must demonstrate that the defendant failed to alert or warn guests of the defect.
The Elements Needed to Establish Fault
There are four specific elements needed to establish fault, including:
The Defendant is Responsible for the Premises
The claimant can only list those responsible for the upkeep and maintenance of the property as a defendant in the case. According to the guidance provided in California Civil Jury Instructions 1000, the legislation provides that cases can arise against owners and possessors; proving ownership is unnecessary.
Failed to Maintain the Property
The respondent abandoned their obligations and failed to take reasonable care to prevent the risk of unnecessary harm and damages. This means continuous action to preserve the property and regular walk-throughs to assess defects exposing guests to danger.
Someone Suffered Harm
Evidence the claimant suffered verifiable harm and damages while visiting the premises. The case may establish the component with medical records, hospital bills, expert testimony, and more.
Neglecting to Assess the Foreseeable Risk
The accident happened because of a failure to recognize the high probability and foreseeable risk of events causing bodily harm. Further, the deficiency played a large part in causing the incident and damages. Foreseeability is the plausibility that another coherent and sensible person would know the deficiency elevates the risk of harm. With the help of a determined lawyer in Bakersfield, an injured person can successfully prove the elements of a property liability claim.
Schedule a Meeting With a Skilled Premises Liability Attorney in Bakersfield
California laws require owners or those in control of the property to repair their land as needed, inspect the property to find any flaws or hazards, and warn guests until the hazard is fixed. When they fail and you get hurt, you can hold them financially accountable in court.
Our talented Bakersfield premises liability lawyers can help you through steps and court procedures with sound legal advice and help you reach a favorable outcome. Call today to schedule an appointment with our energetic legal team.
