Loose carpeting, faulty wiring, and other property issues can lead to an accident and injury. If you get hurt on someone else’s property due to an owner’s negligence, hold this individual accountable. To do so, partner with a personal injury lawyer in Monterey Park, CA.
At Venerable Injury Law, we know how to go to bat with insurance companies. A Monterey Park premises liability lawyer is available to review your case and discuss your legal options. Contact us today.
Premises Liability Claims in Monterey Park
You are eligible to sue for damages in Monterey Park due to a property owner’s negligence, per California Civil Code §1714. It is a property owner’s responsibility to take a reasonable amount of care of their space. If this individual chooses not to do so, they are liable if anyone gets hurt on their property.
To prove negligence in a property liability claim, you must show that a property owner was negligent. This requires you to meet the burden of proof for personal injury cases. You must show that the following elements of negligence were present at the time you suffered your injury:
- Duty of Care: It would be reasonable to expect a property owner to take care of their property, and this individual had a legal obligation to do so.
- Breach of Duty of Care: The owner did not maintain a safe space, which was a violation of their duty of care.
- Causation: You were involved in an accident and suffered an injury because the owner violated their duty of care.
- Damages: You incurred quantifiable or subjective losses due to your accident and injury.
The team at Venerable Injury Law has a wealth of experience with personal injury cases. Our Monterey Park premises liability attorney can help you prove a property owner was at fault for your injury. To get started, reach out to us.
We will work tirelessly to help you recover the compensation you need to move forward with your life
Who Can File a Premises Liability Claim
Your ability to seek compensation in a property liability lawsuit depends on your classification as a visitor to someone else’s property. Not all visitors are viewed the same way. Here are visitor classifications in Monterey Park property liability cases:
An invitee is allowed to visit a space for business purposes. For instance, you shop at a grocery store. In this instance, you are an invitee at the store — if you get hurt while shopping, you may be able to file a lawsuit.
A licensee is considered a social guest who enters a property with the owner’s permission but not for a business reason. For example, if a neighbor invites you to their home for a barbecue, you are a licensee. In California, a property owner must notify a licensee about any hazards — if they do not and you suffer an injury during your visit, you may be able to sue for damages.
A trespasser illegally goes onto a property. Since this individual enters a space without the property owner’s permission, they may not be able to sue this individual as part of a property liability lawsuit. However, there are exceptions.
One exception involves an attractive nuisance, i.e., a swimming pool or any other item that may attract children. California does not have a doctrine relating to attractive nuisances in place. Regardless, a property owner must protect their pools and anything else that may attract kids or other trespassers to their space.
We will treat you with the respect and compassion you deserve.
Types of Premises Liability Lawsuits
There is no such thing as a one-size-fits-all premises liability claim. There are many reasons why people sue negligent property owners. These include:
- Slip and fall accident
- Falling objects
- Negligent security
- Dog bites
- Elevator or escalator accident
- Swimming pool accident
- Amusement park accident
- Hotel accident
- Stair collapse
If you suffer a slip and fall injury or other harm on someone else’s property, get medical help. Next, connect with a premises liability lawyer in Monterey Park. From here, your attorney can evaluate your case and help you decide if now is the right time to sue.
Premises Liability Statute of Limitations
California has a two-year statute of limitations for personal injury claims. If you get hurt on someone else’s property but do not notice your injury right away, you have up to one year from the date of discovery to sue. Those who decide against filing a claim within the statute of limitations are 100% responsible for any injury-related costs.
A premises liability attorney in Monterey Park can submit your claim in a timely manner. Initially, you may submit a claim to an at-fault party’s insurance company. If this party does not have sufficient coverage or refuses to pay, you may need to move forward with a lawsuit.
Your attorney can walk you through the steps of a dog bite injury lawsuit or any other property liability claim. They can answer your questions and address your concerns as you move through the legal process. Your lawyer can also help you pursue the most damages possible.
You are not just a case number – you are our top priority.
Types of Damages Awarded in Premises Liability Cases
You may be eligible for economic and non-economic damages in your lawsuit. Economic compensation is provided for quantifiable losses, and non-economic damages are provided for subjective harm. Reasons why damages may be awarded include:
- Medical bills
- Lost wages
- Emotional trauma
- Pain and suffering
According to California Civil Code §3294, exemplary damages can also be awarded. These are given out to deter a negligent party from future reckless acts. They are provided in combination with economic and non-economic compensation.
Your attorney helps you calculate your short- and long-term losses. They can work with you to prepare an argument designed to show a judge or jury that you deserve the damages you are requesting. You and your lawyer can gather photos, videos, medical records, and other pieces of evidence to support your claim.
Hire a Premises Liability Lawyer
Venerable Injury Law has top-rated personal injury lawyers on staff. Our premises liability attorney can help you file your claim and craft a compelling argument. To request a free case evaluation, contact us today.
We believe that our experience, dedication, and personalized approach set us apart from the rest.