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Understanding  Premises Liability Law and Your Rights

If a negligent property owner has caused you and your family immense pain and emotional turmoil, it is normal to feel upset, frustrated, and saddened. But it is important to know that premises liability law is on your side, especially when you work with a seasoned lawyer. 

The road to recovery is a long, complicated, and exhausting process. Often, pursuing compensation from the at-fault parties and their insurance company is too. But the attorneys at Cohn & Swartzon can be your guide through the complexities of a premises liability case so that you can regain your quality of life while you focus on recovery. 

What is the Premises Liability Law in California?

In California, property owners are responsible for preventable accidents on their premises. If property owners fail to keep their site safe and free from hazards, they can be held liable if an accident or injury occurs. Common types of premises liability accidents include:

  • Slip and falls
  • Trip and falls
  • Swimming pool accidents
  • Fires and burns
  • Structural collapses
  • Electrical accidents 
  • Falling objects
  • Parking lot accidents
  • Retail, restaurant, and food-related accidents
  • Construction site accidents

If a property owner’s negligence led to an accident that inflicted serious injuries and trauma, you can work with a premises liability lawyer to obtain compensation and closure. 

How Can You Prove Fault in a Premises Liability Lawsuit?

Having a personal injury lawyer on your side after a serious accident is essential for proving a premises liability claim, but there are steps that you or a loved one can take in the immediate aftermath that can help. These steps include: 

  • Documenting the scene: After the accident, take pictures and videos of the scene, specifically of the hazardous conditions that caused your accident. As soon as possible, write down an accurate account of your accident so that you can maintain consistency and credibility.
  • Seeking medical attention: Seek medical attention for your injuries, and request that your doctor explicitly link your injuries from the accident to the hazardous conditions in their report. 
  • Reporting the accident: Notify the property owner or manager about the incident as soon as possible and request that they document it in their records. If they take an incident report, take photos of it yourself and do not rely on them to give you a copy on a later date. These records will serve as a vital piece of evidence. Avoid admitting fault or making statements that could be interpreted as accepting responsibility for the accident. 
  • Preserving evidence: If the hazardous condition still exists, like an object sticking out or broken step, request that the property owner keep it as is for evidence. 
  • Documenting injuries: Keep a record of all your medical treatment, prescriptions, and any therapy needed because of your injuries. 
  • Documenting communication: Document all communication with property owners, managers, and insurance representation, whether via email or text, as evidence.
  • Avoiding social media posts: Do not post about the accidents or your injuries on social media. These posts can be used against you. 

If you have fallen victim to a property owner’s negligence, it is crucial to collect evidence as quickly as possible. Per premises liability law, successful claims will need to prove the following:

  • The responsible individual owned or occupied the property.
  • The responsible individual was negligent in maintaining the property.
  • You suffered an injury because of their negligence.
  • You experienced damages you deserve compensation for.

How a Premises Liability Lawyer Can Help

When you are recovering from the injuries, pain, and suffering of a serious accident, filing a claim and pursuing the negligent parties through negotiation, arbitration, and litigation is nearly impossible without the support and guidance of an experienced personal injury attorney.

The attorneys at Cohn & Swartzon will relentlessly pursue the compensation you deserve and do all we can to restore the quality of life that was taken from you when the accident occurred.

Contact the Cohn & Swartzon team now to schedule a free consultation and discuss your premises liability case.



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