You can suffer an injury on someone else’s property in San Gabriel, CA. The cost of your injury can be significant — but you may be responsible for them. A San Gabriel personal injury lawyer can review your case and help you figure out if you should file a lawsuit against a negligent property owner or another at-fault party.
Venerable Injury Law is a top-rated personal injury law firm in California. We can connect you with an experienced San Gabriel premises liability lawyer. Contact us today.
Premises Liability Claims in San Gabriel
According to California Civil Code 1714, a property owner can be held responsible if they were negligent and someone gets hurt on their grounds. This individual must keep their space free of hazards. If they do not, people who come to their property can get hurt — and they can sue for damages.
To receive compensation as part of a premises liability claim, you must prove that a property owner or another at-fault party was negligent. This can be difficult since you will need to show that all of the elements of negligence were present at the time you suffered your injury. These elements are:
- The person you are suing (defendant) owned, leased, or managed the property where you got hurt.
- The defendant did not maintain their property to the point where it became dangerous for you and anyone else to enter.
- You got hurt on the property as a result of the defendant’s inability or unwillingness to provide a safe space.
- Your injury caused you to suffer economic or non-economic losses.
If you are involved in a slip and fall accident or any other incident on someone else’s property and suffer an injury, you may be eligible to sue. To find out, partner with a San Gabriel premises liability lawyer at Venerable Injury Law. Reach out to us, and we can discuss your legal options with you.
We will work tirelessly to help you recover the compensation you need to move forward with your life
San Gabriel Property Owner Duty of Care
In California, a property owner is expected to reasonably maintain their space. Failure to do so puts people who enter the environment at risk. Whether an owner has a duty of care to you depends on the category of visitor, which may be any of the following:
An invitee is anyone who has expressed or implied permission to visit. For example, a neighbor may invite you to a barbecue at their home. In this example, you are an invitee if you join the event.
A licensee is someone who visits a property for their own purposes. As an example, a salesperson may ring the doorbell at your home. This individual is a licensee since you did not invite them to your residence, and they are stopping by in the hopes of selling you a product or service.
A trespasser is anyone who enters a property without the owner’s permission. Someone may choose to break into a home while the owner is away. This individual is a trespasser, and the owner does not owe them the same duty of care as invitees and licensees.
Typically, an invitee or licensee who gets hurt on another person’s property can sue for compensation. Comparatively, a trespasser cannot. A trespasser may be subject to civil or criminal penalties based on their actions as well.
Children represent an exception to when a property owner has a duty of care to a trespasser. For instance, a homeowner may have a swimming pool, which represents an attractive nuisance. If a child enters the property, falls into the pool, and gets hurt, the owner may be subject to a personal injury lawsuit from the minor’s parents.
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Statute of Limitations for a Premises Liability Lawsuit in San Gabriel
California has a two-year statute of limitations for most personal injury claims. If an injury is not discovered immediately, the window for filing a lawsuit opens on the date it is found. At this point, you have up to one year from the date of discovery to sue any at-fault parties.
Who you sue in a premises liability lawsuit depends on your case. In many instances, the owner of the property is the defendant in a lawsuit. There are also times when a business or government entity is at fault.
A dog bite accident qualifies as a premises liability claim as well. If a dog bites and injures you, file a claim against the owner. A premises liability attorney in San Gabriel can help you submit your dog bite claim and get a fair settlement.
How Much Your San Gabriel Premises Liability Claim Is Worth
Choose a premises liability lawyer in San Gabriel who has a great track record. This attorney likely has helped past clients secure large settlements. They can calculate your losses and build an argument designed to help you maximize your compensation.
You can request compensation based on your medical bills, lost wages, pain, suffering, and other quantifiable and non-quantifiable losses. A judge or jury may also award exemplary damages. These are provided to deter a defendant from future acts of negligence.
Per California Evidence Code 115, you are responsible for the burden of proof in your lawsuit. You must provide enough evidence that compels a judge or jury to believe that what you are claiming is true. The court will review your evidence in conjunction with the plaintiff’s argument to decide if damages should be awarded.
You are not just a case number – you are our top priority.
How Pure Comparative Negligence Applies to a San Gabriel Premises Liability Case
California has a pure comparative negligence standard. Basically, you can submit a premises liability claim if an at-fault party is in any way responsible for your injury. If you are found to be partially responsible for your injury, your damages can be reduced by your percentage of fault.
If the defendant in your case is deemed 100% responsible for your injury, you get the full damages you requested. On the other hand, a judge or jury may find that you are 20% responsible, and they can reduce the compensation you are awarded by this percentage. If the court indicates the defendant is not responsible for your injury, you receive no compensation.
Venerable Injury Law is a San Gabriel personal injury law firm that you can trust. Our team is here to help you with your premises liability case. To get started, contact us today.
We believe that our experience, dedication, and personalized approach set us apart from the rest.