When someone owns or manages property in California, they are required by law to maintain those properties in a manner that causes no harm to anyone who is authorized to be on the premises. When property owners and landlords fail in this obligation, then they can be held accountable for any injuries and damages that arise as a result. From building violation codes to shoddy construction, slippery or unsafe surfaces and defective or faulty wiring, when hazards remain uncorrected and serious accidents occur, those injured have a right to bring a premises liability claim.
The Chula Vista premises liability attorneys with Hiden, Rott & Oertle fight for the rights of accident victims with aggressive tactics and expert skill. The successful premises liability claim is one that is lodged by an attorney with experience in dealing with premises violations and their fallout, whether that’s slip and fall injuries, brain trauma, injuries to the spinal cord, or other serious conditions that result.
Liability Determination in Premises Liability Actions
Like in most states, California property owners and landlords are legally obligated to use reasonable care in the regular maintenance and upkeep of the properties they own or control. This means keeping the premises safe for visitors, tenants, shoppers and others that are authorized to be on the property. Any dangerous conditions that develop, such as a loose stair railing or a faulty electrical wire, must be remedied immediately or at least in a fashion that’s timely enough so as to prevent any injuries to those who enter the property. When it comes to liability in these cases, the property owner is generally held accountable, although the landlord or property manager or even the tenant himself may be held jointly or at least party liable, depending on the circumstance. There can be multiple parties at fault in a claim of this nature.
Property ownership and occupation of a property require that the person in control of, who owns, or who occupies a property to regularly inspect the property to determine if any unsafe conditions exist. If the property owner is warned of the condition and fails to correct it, or if he fails to let others know that the condition exists and warn them of the potential peril, then he can be held accountable if persons using reasonable care are injured as a result. For instance, if it’s raining outdoors and a store owner fails to keep the entryway to the store mopped and safe, then falls that result can lead to claims of premises liability.
In the same vein, those who visit, shop at or otherwise enter another person’s property also have a duty to act in a reasonable way so as to avoid being injured. The concept of comparative negligence is used in premises liability cases when partial blame is cast on the accident victim. When the victim is found at least partially to blame, then a percentage of blame is assigned and any awards for damages are reduced by that percentage. For instance, if it is found that the person is 40 percent responsible, then a $100,000 award is reduced to $60,000.
Working With a Chula Vista Premises Liability Attorney
Hiden, Rott & Oertle LLP offers knowledgeable and effective counsel to accident victims who have been harmed due to the negligence of property owners and landlords. Schedule a free consultation with our Chula Vista premises liability attorney to find out how to hold those responsible for your accident accountable and collect the damages to which you are entitled.