If Someone Is Injured on Your Property, Are You Liable?

Cases of people entering private property in Discovery Bay and sustaining injuries are not uncommon. According to the National Floor Safety Institute, about 8 million patients visit emergency rooms yearly due to injuries sustained in falls and other accidents on properties.

Such situations often result in severe injuries and complex legal claims. This raises questions for property owners in the region regarding their liability for accidents occurring on their premises.

As a property owner, you owe the duty of care to individuals who enter your property. If you or a loved one sustains injuries while on your property, you may be liable for their injuries and losses. However, the determination of liability depends on the victim’s ability to prove that duty of care was breached.

At the Cartwright Law Firm, Inc., we can help parties involved in such cases establish liability for accidents that occur on private property. A Discovery Bay premises liability attorney will offer legal guidance to ensure a clear understanding of responsibilities and rights in premises liability matters.

How To Prove the Claim for a Premises Liability Accident in Discovery Bay, CA?

Proving a claim for premises liability can be a complicated process. This is because a successful claim requires gathering the necessary information, which can be lengthy. Your attorney will help prove your claim by demonstrating the following:

Duty of Care

Duty of care is a fundamental legal concept in premises liability cases. It refers to the responsibility that property owners should provide a standard of reasonable care for those entering their premises.

As a property owner, you should maintain a safe environment and take reasonable steps to prevent accidents. This means ensuring the property is free from hazards and potential dangers that could harm visitors. To prove duty of care, a contract or lease agreement copies are the common documents used by the victims.

Breach of Duty

To establish liability in a premises liability case, victims must prove that you (the property owner) breached the duty of care. This means the property owners failed to take proper precautions to maintain a safe environment. For instance, the Consumer Product Safety Commission (CPSC) states that floors cause over 2 million fall injuries annually.

Hazardous conditions that could show a breach on your part include:

• Inadequate lighting
• Broken stairs
• Slippery floors
• Unsupervised pool areas
• Poor security measures
• Frozen surfaces
• Uneven pavements

Breach of Duty Causes Injury

Proving a breach of duty is not adequate to claim liability in a premises liability case. It must be established that this breach of duty directly caused the injury sustained by the victim. In legal terms, this is known as the proximate cause – a direct and foreseeable connection between the property owner’s negligence (breach of duty) and the harm suffered by the injured party.

To prove this link, the victim will need to present evidence to be able to hold you accountable for the accident. The causal link can be established by:

• Taking pictures of the hazards that caused injuries
• Presenting the details of the police accident report
• Medical reports to establish the cause of injuries, as well as demonstrate the severity of the injuries
• Witness accounts to give the account of events and how you sustained injuries

How Much Compensation Can Victims Get?

It can be complicated to assign a specific dollar value for the settlements victims may get. This is because how much victims may get awarded as compensation depends on the nature and severity of the injuries suffered. More severe injuries typically result in higher compensation.

Importantly, the amount of compensation for victims injured on your property varies depending on the damages suffered. These include:

• Medical expenses (medical treatment, surgery, rehabilitation, medication, and ongoing medical care)
• Compensation may include lost income
• Pain and suffering
• Wrongful death
• Loss of consortium

Property owners need to note that for the personal injury claims on their properties in Discovery Bay, there are generally no caps. This is with the exception of non-economic damages in medical malpractice cases. This means that the compensation awarded can vary greatly depending on the specific circumstances of the case. However, consulting with a premises liability attorney can help you assess the potential compensation depending on the case.

How the Law Firm Can Help?

If you were injured on someone’s property, a lawyer from our law firm can help you establish liability for a successful compensation claim.

They will assess the details of your situation to determine the strength of your claim. This analysis involves evaluating the evidence, applicable laws, and precedents. Based on this evaluation, an attorney will provide informed legal advice regarding the best course of action.

Importantly, lawyers will meticulously analyze your case to ascertain if you are liable. They will review the circumstances surrounding the accident, gather evidence, and assess the specifics of the incident. This scrutiny aims to identify elements like negligence on the part of the property owner.

How Long Do I Have to File My Lawsuit in Discovery Bay, CA?

In California, the statute of limitations for a personal injury lawsuit is two years from the date of the injury. This means that victims have a two-year window from the incident date to initiate legal proceedings. If they don’t file a lawsuit within this timeframe, the victim may lose their right to seek compensation through the legal system.

To ensure you successfully seek compensation for a premises liability incident, it’s crucial to consult with a premises liability attorney promptly. They will guide you to take the necessary legal actions within the prescribed time frame.

Contact a Discovery Bay Premises Liability Attorney Today

As a property owner in Discovery Bay, you may have concerns about potential liability for accidents on your premises. Our legal team can assist you in comprehending your legal obligations and potential exposure to liability. A Discovery Bay personal injury attorney will carefully evaluate your unique case and guide you properly to safeguard your interests. Whether you’re looking to prevent future incidents or address a current claim, we’re here to offer you tailored legal advice and support. Contact us today for a free and confidential consultation.