You were at a shopping mall when you suddenly tripped and fell. It happened because the floor was flooded, and there were no warning signs around. The shopping mall owner or manager is responsible for keeping the premises clean and safe for visitors, and in this case, they clearly failed to keep up. As the victim, you may have the right to file a personal injury lawsuit, based on California’s premises liability laws. In this post, we are sharing more on what such lawsuits are all about.
Proving the facts
Just because you tripped and injured yourself on a property, it doesn’t automatically mean that the owner or maintenance manager is responsible. There are a few things that must be proved-
- The defendant owns, has occupied, and leased the property. Or the defendant was in charge of property.
- There was negligence on part of the defendant with regards to property maintenance. Or the defendant failed to warn the plaintiff about the existing dangers on the property.
- The plaintiff was hurt or injured.
- The negligence of the defendant was directly responsible for the injuries.
Take this example for instance – Suppose someone is injured at someone’s property in an area that clearly states ‘Warning: Under maintenance’. The owner cannot be directly held responsible, consider he had placed a visible.
Of course, things are never so simple in the real world. The jury will consider a bunch of things. For instance, what were the chances that someone else would have been injured at the same location? Was the owner aware of the hazard, or there is a slight probability that they were unknown of the risks.
Talk to a lawyer
When it comes to premises liability lawsuits, it is best to talk to an attorney first. Personal injury lawyers usually take such lawsuits on a contingency basis, so if the lawyer doesn’t win a settlement, they cannot ask for a fee. Also, the first meeting with an attorney is likely to be complementary. An experienced lawyer can offer a free evaluation of your premise liability lawsuit, and they can help you understand if the entire case is worth the effort. They can also guide on the expected compensation, time required, and other realistic outcomes of the case.
Don’t wait for long to take a decision on such lawsuits. Talk to a lawyer with experience of such personal injury cases.