If you were harmed on someone else’s property due to dangerous conditions on the property, you may have legal rights to pursue compensation for your injuries and accident-related losses. Premises liability cases deal with swimming pool accidents, accidents caused by negligent maintenance, negligent security, slip and fall accidents, and other types of incidents that are due to unsafe conditions on the property.
An esteemed Oceanside personal injury lawyer from the Miller & Steele Law Firm can walk you through each element of the case, including:
Understanding a Property Owner’s Legal Duty
The first legal element that you must show in this type of legal claim is that the property owner owed a duty of care. The defendant must be the owner, lessor, property management company, landlord, or other person legally responsible for maintaining the premises.
Then, you must establish what the defendant’s duty was under the law. This duty will depend on the circumstances and reasonableness of them. Factfinders consider the following factors when determining what reasonable expectations and duties regarding the property:
- The property’s location
- The foreseeability that someone would be injured in the same way that the plaintiff was injured
- The likelihood of harm
- Whether the defendant knew of the dangerous condition or should have known about it that harmed the plaintiff
- The defendant’s control over the unsafe condition that created the risk of harm
How Property Owners Breach Their Duty of Care
Next, you must show that the defendant breached their duty of care to maintain the property. The breach may be due to:
- Failing to take reasonable steps to fix the problem
- Failing to warn visitors about known dangers on the property
- Failing to conduct regular inspections of the property to locate unknown dangers
Common dangerous conditions that contribute to premises liability accidents include:
- Failing to fix hazardous conditions once the property owner or manager becomes aware of them
- Loose or broken floors, steps, or handrails
- Obstructions in walkways
- Inadequate lighting that prevents accident victims from recognizing dangers
- Failing to hire a security guard, install security cameras, or fix broken doors or windows
- Failing to erect a fence or barrier around a swimming pool
Establishing Causation in a Premises Liability Claim in Oceanside
Causation links the defendant’s failure to maintain the property to the victim’s injuries. Causation may be proven with evidence, such as:
- Surveillance footage showing the dangerous conditions that harmed you
- Accident scene photos
- Eyewitness statements
- Medical records
- Maintenance reports
- Incident reports
- Personnel records
- Statements from expert witnesses
Types of Damages in Oceanside Premises Liability Cases
Damages are the losses that accident victims suffer, such as:
- Past, current, and future medical expenses
- Ongoing medical treatment
- Physical rehabilitation and therapy
- Lost income
- Lost earning capacity
- Property damage
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
Contact Our Oceanside Premises Liability Lawyers for a Free Consultation
If you were injured on someone else’s property, you have the right to hold them accountable. The experienced legal team at the Miller & Steele Law Firm can investigate your case, gather compelling evidence, and demand compensation for the full value of your claim. Contact us today to get started with a free case review.