Premises Liability, FAQ’s

If you have suffered an injury in someone else’s property, you may be considering filing for a claim against the property owner. Filing a premises liability case can be a complex and stressful matter. The following are some of the most frequently asked questions surrounding a premises liability claim.

What is a premises liability case? Premises liability cases deal with personal injuries that were sustained due to the dangerous condition(s) of a property.

1. Can a premises liability claim be filed against a homeowner/landowner or are they limited to claims against businesses only?
   1. Most premises liability claims will be filed against business owners; however, a claim can also be filed against a land or homeowner. Most property owners will have property insurance that could provide the coverage and protection necessary.
2.  What happens if the victim was partly at fault of the incident that caused his or her injuries?
   1. Usually, the property owner will be the party that will be held liable for the injuries sustained on his or her property. This can change, however, depending on who was in the property and why the injured party was there. For instance, a person performing a job requirement while at the property could file differently than a person who was simply visiting the location. In the event that the victim was solely responsible for the incident that resulted in his or her own injury, then the victim will not be able to recover restitution for his or her losses. The State of California is a comparative state. This means that should the case go to trial, the amount available for recovery could be reduced on the percentage that the victim was at fault. For more information on comparative law, seek the legal support of a qualified attorney. Comparative law could be complex and an experienced attorney will be able to determine what parts of the law apply to the case at hand.
3. What does a victim need to demonstrate for a successful premises liability claim?
4. Every case will be different and will often require the guidance and support of a skilled attorney. Generally, however, the victim has the duty to demonstrate that the “hazard” in question has exposed him or her to an unreasonable risk of injury. Further, the victim will also need to demonstrate that property owner was aware or has otherwise created the hazard.
5. What are some of the most common hazards found in a property that could lead to a premises liability lawsuit?
   1. There are various conditions that could be found on a property that could lead to an injury. Some of these include, but are not limited to: wet or slippery stairs or floors, defective fencing around a swimming pool, or sharp corner edges of a low sign.
6. Is there a time limit to bring a premises liability lawsuit forward?
   1. In the State of California, the claimant will have two (2) ears from the time of the incident to bring forth the lawsuit. Under certain and specific situations, his time period can be extended.

Obtain the Legal Support of An Attorney

If you have suffered an injury while in the property of another party, you may have the opportunity to receive restitution for your injuries. Seek the support of a skilled attorney who can advise you on the validity of your claim.

Attorney Richard Rohde is experienced in the field of premises liability claims and he understands what is needed to pursue a premises liability claim. Rohde Law Office, APC can provide the assistance needed to successfully win a premises liability claim.