Encinitas Premises Liability Attorney
When you fall or suffer an injury as a result of hazards on another person’s property, you have the right to seek compensation for your losses. Proving those losses and building a strong case is not easy to do. At James S. Iagmin, our Encinitas premises liability attorney has the experience and dedication to hold them accountable. Talk to our Encinitas personal injury lawyer today.
Why Choose Us at James S. Iagmin?
As a proven Encinitas premises liability lawyer, James S. Iagmin is the ideal choice to handle your case. We have a 99% success rate, indicating we know how to help our clients recover damages when they suffer injuries. With over 25 years of experience, we know the importance of providing our clients with unfailing, personalized attention to their unique needs.
What Are the Different Types of Premises Liability Cases?
Premises liability refers to any situation in which you are legally on another person’s property and suffer an injury because of their negligence. Some of the most common types of premises liability cases in Encinitas include:
- Dog bite cases
- Slip and fall accidents, elevator and escalator accidents
- Swimming pool accidents
- Fires
- Amusement park accidents
- Uneven pavement
- Spills
- Uneven flooring
- Clutter or other trip hazards
In any situation where you believe you should have been safe, but the property owner or manager failed to ensure that, premises liability applies. To recover damages, you must have had legal access to the property, and the owner must not have warned you of the risk.
How to Prove Fault in an Encinitas Premises Liability Case
To prove fault in a premises liability case, you need to show the property owner or manager was negligent. To do this, four key elements must be documented.
- Duty of care: To prove they owed you a duty of care, you need to demonstrate you had the right to be on the property either for legitimate reasons or because you were invited.
- Breach of duty of care: The owner did something or failed to do something to breach that duty of care, or conditions were present that they had time and should have had knowledge to handle, but failed to do so.
- Accident: The breach of the duty of care directly caused the accident that you experienced.
- Injuries: The injuries and losses you are claiming in the accident are the direct result of that accident and not other reasons.
Proving fault allows you to hold that person accountable for the losses you have. With the help of an Encinitas premises liability attorney, you will gain insight into what evidence you need to prove each of these areas.
How Long Do I Have to File a Premises Liability Claim in California?
Victims of premises liability should not wait to take action. The state of California’s statute of limitations for premises liability is two years, which means you cannot wait longer than two years to file a lawsuit. Doing so eliminates your ability to recover damages.
Contact Our Encinitas Premises Liability Attorney Today
James S. Iagmin is the experienced, trusted Encinitas premises liability attorney you need on your side. If you have injuries and losses from someone else’s negligence, now is the time to act. Turn to our legal team for immediate guidance, transparent legal support, and answers to all of your questions at a free consultation. We are here to help you.