Palm Springs property owners are obligated under California law to keep their properties and the land on which they sit safe for people who are authorized to be on said properties. But shoddy construction, violations of building codes, defective wiring and a host of other potential hazards often lead to devasting personal injuries caused by falls, trips, slips, electrocutions, and other accidents. Simply put, if someone’s negligence or failure to act causes you harm, you have the right to hold them accountable, and a Palm Springs premises liability attorney can help.
Hiden, Rott & Oertle LLP and our Palm Springs premises liability attorneys have been fighting for the rights of injured Californians for years, building a reputation for aggressive defense and skillful representation of our clients. A premises liability claim handled by a seasoned attorney well-versed in this area of the law is important to the success of your claim.
Liability in Premises Liability Claim
In California, as in most states, property owners have a legal responsibility to use reasonable care when maintaining their properties. They are required by law to keep their properties safe for visitors, shoppers, and others who are authorized to enter those properties, and they must stay on top of dangerous conditions and remedy any dangerous conditions in a timely fashion. Nonetheless, it is not always the property owner who is responsible for maintaining safety. A tenant, property manager, or even a contractor working on the property may be held at least partially liable if an injury results from their negligence or oversight. It generally boils down to who has control of the property; whoever that party is, they can potentially be held liable to keep foreseeable injuries at bay. More than one person can be held liable in a premises liability claim.
There is what’s known as a duty to inspect when it comes to property ownership and occupation. The person owning or occupying a property has a duty to keep the property inspected and to monitor for any unsafe or harmful conditions that develop. That person also has a duty to repair, replace or correct the issue, or to give warning to visitors or customers that the condition may cause harm. For example, a store owner should keep the areas where customers walk free from hazards that might cause slip and fall injuries, such as spilled liquids or items stacked in aisles. If someone falls because of a spill in an aisle, then the store owner may be held liable for the injuries sustained as a result, since it is his duty to keep those areas safe for customer traffic.
Keep in mind that visitors to someone else’s property, whether it is a store, office, home or rental apartment, also have a duty to act in a reasonable manner to avoid an accident. Courts use comparative negligence when an injured party is partly to blame for their own injuries. For instance, a person might be determined to be 20 percent at fault in an accident. In this incidence, the plaintiff’s award for damages is reduced to 80 percent of the total award.
Consulting With a Palm Springs Premises Liability Attorney
Hiden, Rott & Oertle has helped many clients hold property owners and landlords to account when they are injured due to the other party’s negligence. Schedule your free consultation with our Palm Springs premises liability attorney now to discuss your situation and enjoy a no-obligation case review.