The world is filled with silent contracts and transactions. On a daily basis, you interact with people and spaces in ways that you hope are amicable and safe. However, we all know those situations where the interactions go wrong and an incident occurs. If that incident involves an injury then you can be entitled to compensation. If this injury occurred as a result of a property owner neglecting to create a safe and secure place for visitors then you can file a claim for premise liability.
WHAT IS PREMISE LIABILITY?
In California, if you are a visitor on someone’s property and incur an injury then you can hold the property owner liable for that injury. However, there are certain caveats to that rule. For one, it is hard to make a claim against a property owner if the injury did not relate to their property. Second, it is hard to make a claim against a property owner if you were not acting in a safe and reasonable way while you were on their property. Especially, if your erratic behavior is what resulted in your injury. In reflecting back to the silent contract, when you enter onto a property you, the visitor, are promising to act in a certain reasonable and careful way as not to hurt yourself. At the same time, the property owner is also silently promising you that they are providing a place for you to enter and stay safe.
Negligence must be proven by the injured party in order to show that the property owner is to blame. The property owner is in charge of defending how they were not neglectful. These kinds of arguments can get very tedious and messy. These kinds of arguments can also get very difficult, especially if you are dealing with large corporations or companies that have the money to spend and time to waste. For example, many apartment complexes are now owned by bigger companies. Long gone are the individual landlords who own the complexes. Therefore, when there is an injury on the property, the property owners have way more funding and resources to fight a bigger fight than the person who was injured.
Don’t let the size of these corporations or their insurance companies bully you around. If you were injured due to a slip and fall, pool accident, dangerous property or mismanaged spaces, then you deserve compensation for your injuries.
WHAT TO DO
If you or a loved one has been injured on a property then let our Attorneys at Hiden, Rott & Oertle, LLP, in San Diego will guide you through the process of filing a premise liability claim. Since 1993 our attorneys have helped countless amount of clients obtain just compensation for the injuries they sustained due to an injury that was caused by the neglect of someone else. We have a firm belief in using many different options for your case, including mediation or arbitration and settlement in order to get your results faster. Call 619-369-3323 or click here to start a conversation with our attorneys at Hiden, Rott & Oertle, LLP, in San Diego.