The owners and occupiers of property owe a duty to their visitors to keep the premises in a reasonably safe condition. When they fail to live up to this standard, they can be held liable for injuries and other damages. At Williams Iagmin, LLP we protect our clients against dangerous premises and help pursue full compensation following an accident.
When it comes to examples of a dangerous premises, the possibilities are nearly endless. Private and public property are all subject to dangerous premises laws. Residential homes, apartment complexes, theaters, malls, sports facilities, amusement parks, farms, and more are all required to maintain their property so that it is reasonably safe for visitors. The most common types of dangerous premises accidents stem from the following:
Under California law, the owner or occupier of property has a duty to maintain the property in reasonably safe condition in addition to warning visitors of potential hazards on the premises. This means making any necessary repair, correction, replacement, or warning to prevent visitors from sustaining injuries on the land. Willful ignorance is not a defense to a dangerous premises claim, and property owners or occupiers also have a duty to inspect their property. If they knew or should have known about a dangerous condition but failed to inspect for it, the owner or occupier of the premises can still be held liable for an accident.
California operates on a pure comparative negligence basis for personal injury claims. Even on a dangerous premises, a visitor still has a duty to act reasonably and avoid any obvious hazards on the property. The insurance company or the court will determine whether the injured party holds any responsibility for the accident, and the total damages are limited according to the degree of fault. For example, if a person slips and falls on the premises of another and incurs $10,000 in damages but is found 25% at fault, the total damages collected would be limited to $7,500.
Visitors who are injured on dangerous premises are entitled to both economic and non-economic damages. Economic damages include medical expenses, lost wages, and any property damage that resulted from the hazardous premises. In the case of a fatal accident, the family of a victim can also claim wrongful death damages for the funeral and other costs. Non-economic damages include the pain and suffering caused by the accident, loss of enjoyment of life, loss of consortium, scarring, disfigurement, and permanent disability. A personal injury attorney will be able to identify all areas of viable claims and help a victim get full compensation.
If you or a loved one has been injured because of hazardous premises, you need an experienced law firm with the resources to fully investigate your claims. Call or contact us today at Williams Iagmin, LLP for a free comprehensive review of your case.