Orange County Premises Liability Attorney
Injured on Someone Else's Property?
Looking for an attorney for a premises liability case in Orange County? Property owners have a legal obligation to maintain their property in such a way as to minimize the risk of injury to anyone on the premises. This includes business owners being aware of and limiting risks encountered by their patrons, as well as landlords and homeowners protecting visitors from undue danger. When they fail to exercise reasonable care in keeping people safe on their property, injuries can be the tragic outcome, and the property owners may be liable.
If you were injured on another person's property, our personal injury lawyers at Gill Law Group, PC can help to determine if you may be entitled to compensation for your medical expenses, lost wages, and other damages. Call today to schedule a consultation.
The standards for what reasonable care is can differ greatly depending on the type of property, the conditions under which the person injured was present, and several other factors. For example, the care a business owner must exercise in protecting the safety of his patrons is greater than that which is owed to someone trespassing in an area where they cannot legally be present. In some cases, the injured person is at least partially responsible for the accident, and this is also taken into consideration when determining what compensation is due.
What Exactly Is Premises Liability?
Premises liability refers to the area of law that specifically addresses negligence on the part of property owners or managers that led to an individual's injuries.
This doesn't mean that just because you were injured while on someone else's property that you have a premises liability claim. Rather, it is up to you and your legal team to prove that the property owner was negligent and that their negligence directly led to your injuries. In most cases you must also be able to prove that you were on the property with permission and were not trespassing at the time of the accident.
Different Types of Premises Liability Cases
There can be many different types of premises liability claims, the most common of which include:
- Slip, trip and fall claims
- Swimming/drowning accidents
- Dog bites or animal attacks
- Poor or faulty security leading to assault
- Elevator or escalator accidents
- Toxic exposure
Can Trespassers Still Sue for Negligence?
If you are injured while trespassing on someone else's property, are you still able to sue for compensation for your injuries? In most states, if you were trespassing at the time of your accident, you would not be protected under the law. However, in California, there are still exceptions to this rule:
- If the property owner was aware that there was a possibility of trespassers entering an unsafe area on their property, but failed to secure it or post warnings about the hazard
- If the injured individual was a child and could not be expected to understand the dangers they were subjecting themselves to by trespassing on the property, even with posted warnings (this is known as the "law of attractive nuisances")
If you were trespassing at the time of your accident, you will have even more responsibility to prove that the owner was negligent in order to win compensation for your injuries. This is why it's extremely important that you hire a premises liability lawyer to represent you in your case.
An Orange County Premises Liability Lawyer Can Help
Unfortunately, the insurance company for the property owners will do their best to prove that you were at fault for your injury. They may do this by claiming that the risk was obvious enough that a reasonable person could have been expected to notice it and navigate around it appropriately. They may also claim that the property owner or manager was unaware of the risk and could not reasonably have been expected to be aware of it, which would mean that the accident was not the result of negligence on their part. Searching for a lawyer for a premises liability case in Orange County?
At Gill Law Group, PC, we know your rights, and we understand what it takes to win a lawsuit in cases of premises liability. Contact us as soon as possible so that we can get begin the process of pursuing the compensation you deserve.