If you are hurt while on someone else's property in California, you may be entitled to compensation. The types of compensation that may be available depend on the facts of your case including the extent of your injuries and if you are held partially or wholly responsible for the accident. While injuries can take many forms, it is reported that a third of preventable injuries are the results of falls. These types of injuries may be due to another person’s negligence. Let's take a closer look at how state’s premises liability laws might impact your case.
Were You Allowed on the Property?
If you are invited onto a property, the owner has a duty of care to keep you safe. The same is true if you had a valid reason to be on the premises such as to paint the inside of the home or to deliver mail to the front step.
Generally speaking, trespassers aren't extended the same duty of care as you weren't invited or otherwise allowed to be on the premises when an accident occurred. However, you may still have a case if you are injured after a defendant knows that you're on their property.
You may also have a case if you were injured as a minor. This is because state law generally recognizes that minors don't have the same ability to reason that adults do.
Proving the Duty of Care Was Breached
A property owner is required to take reasonable steps to ensure that their homes, retail establishments or other properties are safe. These steps may include removing ice from the driveway, repairing a torn carpet or ensuring that all rooms are properly lit.
If reasonable steps aren't taken to protect invitees or licensees, it may be claimed that the duty of care was breached. A defendant may claim that there was no way to know about a dangerous condition or that you were warned about the condition ahead of time. For instance, a wet floor sign may be enough to protect a defendant in a slip-and-fall case.
It's worth noting that the property owner may not be the actual defendant in your case. For instance, the manager of a retail establishment may be the one responsible for ensuring that it is safe for shoppers and other to occupy. It's also possible that a tenant might be responsible for creating unsafe conditions in a rental home or other type of rental unit.
The Types of Damages You Might Be Entitled to Receive
In California, you may be entitled to receive both economic and noneconomic damages in a premises liability case. Examples of economic damages include medical bills to treat a broken bone or the cost of medication to manage symptoms of chronic back or leg pain after a fall. Reimbursement for damage to property such as a house, car or electronic devices also qualifies as an economic loss as does lost wages or future earnings.
Examples of noneconomic losses include an award for pain and suffering or emotional distress. These losses typically have no objective dollar amount and must be decided by a jury or through settlement talks using a variety of factors unique to your case. Punitive damages might also be available that are designed to caution others against acting in a grossly negligent manner.
Make Sure to File a Lawsuit in a Timely Manner
In California, you typically have two years from the date of the accident to file a lawsuit. If you hire an attorney to help with your case, legal counsel will typically file a lawsuit within days of joining your team. This ensures that you have a backup plan in case settlement talks don't go well.
It's worth noting that you don't actually have to settle the case or wrap up a trial within two years. Instead, you simply have to file the case within two years to preserve your right to sue. There are circumstances that may toll the statute of limitations such as being a minor when you were hurt, incapacitation or not immediately connecting your injuries to the event that led to the lawsuit.
Determining Liability in Your Case
California uses a comparative negligence standard when determining awards in premises liability cases. This means that your award will be reduced by the percentage of your own liability. Let's say that you were hurt after slipping on a wet floor. However, a jury may find that you were 10% responsible for the fall because you were looking at your phone when you fell instead of paying attention to your surroundings. In that scenario, you'd receive 90% of your overall award.
If you are hurt at the store, someone else's house or anywhere else outside of your home, you may have cause for legal action. A personal injury lawsuit may help you obtain compensation for lost wages, pain and suffering and other damages. An attorney may be able to help you obtain a favorable outcome in your case.
