If you’ve ever heard about someone suing after being injured by a broken elevator, a bad door, a building collapse, or a bad sidewalk on someone else’s property, you’ve heard about premises liability. Premises liability refers to the legal standards that hold property owners accountable when people, most often tenants, are injured on their property due to their negligence. A property owner has a responsibility to maintain their property and keep it safe. Negligent property maintenance can give rise to serious and catastrophic injury in a variety of ways – from faulty construction to excessive mold build-up. Tenants and those who spend time on premises that they do not own are vulnerable to the possibility of negligent upkeep – they cannot be expected to examine and take responsibility for necessary repairs themselves. Property owners keeping their property safe for use is an essential part of the agreement between the owner of a premises and the tenant or visitor. When a property owner fails in this capacity to such an extent that someone suffers physical and financial harm, the property owner can be held liable for their negligence.
It is a common misconception that the damages must be the complete fault of the property owner in order to be eligible for a claim. In reality, even if the injured parties bear some responsibility for what happened, any negligence on the part of the property owner can still be cause for legal action. At Arias Sanguinetti, our team of premises liability lawyers believes that those who suffer injury because of negligent property owners deserve compensation. Our team brings over 300 years of combined experience in complex premises liability cases with well over 1.5 billion dollars in financial compensation secured for our deserving clients. If you have suffered damages due to faulty premises, contact our team of premises liability lawyers today.
How do you prove negligence in a premises liability lawsuit?
Securing financial compensation in a premises liability lawsuit relies on establishing a series of factors about your case. This includes:
- Property Ownership. In order to prove fault in a premises liability case, a plaintiff must establish that the defendant owned, leased, occupied, or controlled the property on which the plaintiff was injured.
- Property Owner Negligence. The plaintiff must also establish that the defendant was negligent in the use or maintenance of that property – that they did not meet the standards for maintenance.
- No Reasonable Standard of Care. To prove negligence, a plaintiff must establish that the defendant did not provide a reasonable standard of care to the plaintiff. This means that the property owner knew or should have known about the dangerous condition on their property but either failed to warn the plaintiff of the dangerous condition, failed to remedy the dangerous condition, failed to minimize the dangerous condition, or even created the dangerous condition either carelessly or intentionally.
- The Dangerous Condition Caused the Harm. The plaintiff must establish that he or she was harmed and that the defendant’s negligence was a substantial factor in causing the plaintiff’s harm. Note that the dangerous condition must be a substantial factor but does not need to be the only factor. For example, if someone falls through a glass door that they were leaning on, the property owner is still liable even if leaning on a glass door may not have been wise.
Our team of premises liability attorneys believes that anyone who suffers harm due to faulty premises deserves financial compensation. Our team will work with you to establish these factors and bring you the compensation you deserve, either by trial or settlement. Contact us today to take the first step.
How do you win a premises liability case?
Our team of premises liability lawyers brings extensive experience in complex cases and has brought a wide variety of evidence to secure financial compensation for our deserving clients. Most commonly, our team leans on:
- Photos of The Hazard. Pictures demonstrating the faulty premises are crucial to our work on behalf of our deserving clients.
- Accident Reports. Our team often utilizes reports from local authorities and/or the property owners themselves.
- Witness Statements. Any witness statement or testimony can help underscore the facts of your case.
- Lease Agreements. In cases where the harmed parties were tenants of the property owner, lease agreements often contain crucial evidence of property owner negligence.
- Insurance Policies. Insurance policies can play a factor in compensation.
- Inspection/Maintenance/Repair Records. These often contain evidence of negligence in cases of premises liability lawsuits.
- Medical Records. The specifics of injuries can play a major role in determining the outcome of a case.
- Hiring expert witnesses. Expert testimony from experts in fields such as property management and engineering can have a major impact on the results of a premises liability case.
Our team of premises liability lawyers takes a multi-faceted approach to securing justice for our clients. Often, we work with our clients to secure evidence – your testimony will always be a crucial part of our work. Contact us today to start working with our experienced team.
How much does a premises liability lawyer at Arias Sanguinetti cost?
At Arias Sanguinetti, we believe that everyone deserves top-class legal representation including those who might not be able to afford it. We work on a contingency basis, meaning that our clients pay us nothing out of pocket – we only get paid if you get paid. While pursuing a premises liability lawsuit requires your dedicated attention and time, Arias Sanguinetti will never charge you unless we win for you.
It is crucial to act quickly when you are injured due to faulty premises to keep your options open. Contact our team today to see if you have a case.
Call or text 310-844-9696 or complete a Free Case Evaluation form