Property owners have a legal duty to ensure their premises are kept safe from reasonably foreseeable hazards. Injuries that are caused by negligent property management can subject a property owner to responsibility for any losses caused. Recovery of compensation, or damages, begins by filing a premises liability claim.
It is important to have an experienced Fresno premises liability attorney on your side as you start the process of filing a claim. You may be offered a low compensation as a first offer from insurance companies, however, a premises liability attorney may negotiate the offer to have it increased. Furthermore, a premises liability attorney will help strengthen your claim to ensure you are given an even higher chance of being granted compensation that can help cover for your losses, including medical bills, lost wages, pain and suffering, and more.
At West Coast Trial Lawyers, our Fresno premises liability attorneys have over 60 years of collective legal experience in handling personal injury cases. We have more than 5,000 cases and recovered over $1 billion in settlements for our clients. Due to our achievements, we have been ranked as one of the top personal injury law firms in Fresno.
To schedule a free, no-obligation consultation at our Fresno personal injury law firm, please contact our 24/7 legal team by calling (559) 272-9881 or emailing [email protected].
Common Premises Liability Cases
How to Determine Negligence in a Premises Liability Case
According to California Civil Code 1714(a): “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.”
In order to file a premises liability claim, the injured individual is required to show proof that they were hurt due to the property owner’s negligence. They are required to show the following elements.
Property owners are required to provide a duty of care to guests by maintaining their premises in reasonably safe conditions. A duty of care for a property owner means that they are expected to take the same action that another reasonable property owner should take or should have taken under similar circumstances.
When determining whether or not a property owner went against their duty of care, the following factors will be considered.
Who Can Be Found At-Fault for a Premises Liability Accident?
If you were hurt while on another person’s property, you may be entitled to file a premises liability claim against them.
Property owners or managers do not make themselves immune to liability by delegating the task of property maintenance. A property owner or manager is responsible for the safety of their premises, even if they hire someone else who is later found guilty of negligence.
If a hazard contributed to the cause of your injuries, the property owner can be held accountable for any injuries or damages you sustained. According to respondeat superior laws, the principal will always be held liable for the negligence of one of their agents.
The defendant(s) in a premises liability lawsuit may include:
Available Damages in a Premises Liability Case
Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.
Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. It is calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries. A few examples of economic losses include loss of earning capacity, medical bills, and lost wages.
Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. This may include compensation for emotional distress, pain and suffering, and loss of enjoyment of life.
The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. It is relatively rare and, in fact, was only incorporated in 5 percent of all verdicts. Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.
West Coast Trial Lawyers Is Here to Help
If you were a victim of a premises liability incident, you may be eligible to file a claim against the property owner at-fault for their negligence. A Fresno premises liability attorney at West Coast Trial Lawyers can help strengthen your claim and get you the compensation you deserve for your losses.
To schedule a free consultation at our Fresno personal injury law firm, please contact our 24/7 legal team by calling (559) 272-9881 or emailing [email protected].