Irvine Premises Liability Lawyer
Whenever you are injured on someone else’s property, you may be entitled to compensation through a premises liability suit. Whether they are responsible will depend on if the injury was the result of a breach of the duty of care. Property owners have a duty to keep their property safe for people. In some situations, they may even have a duty to trespassers.
If your injuries are due to a breach of duty, you may be entitled to economic and noneconomic damages. An Irvine premises liability lawyer can work to secure the compensation you deserve. Our personal injury attorneys are ready to handle a claim while you focus on recovery.
Understanding the Duty of Care
Some states apply a complex duty of care to premises liability claims. California rejected the old standards and embraced a variable duty of care. To decide whether a person has a duty of care, the court will consider several factors:
- The exclusivity of control over the property
- Whether the owner knew or should have known of the hazard
- The frequency of visitors to the site
- The probability of severe injuries
- Whether the owner could have easily taken steps to prevent the injury
Generally speaking, the more factors that apply, the more likely the court will determine the property owner had a duty of care. If only one or two factors apply, then the court may decide there was no duty, which means there is no premise liability claim.
Using these factors deviates from older standards, which established different standards of duty for different types of people on the property. The law treated guests or invitees differently from one another. Now, the only real distinction is for trespassers. Generally, a property owner’s only duty to trespassers is not to have conditions that would intentionally harm them. Our Irvine premises liability attorney could help people understand the duty of care under particular scenarios.
Common Types of Premise Liability Claims
Slip and fall injuries are the most common type of premise liability claim. In fact, some people refer to all premise liability claims as slip and fall accidents, even when the incident does not involve slips, trips, or falls. Since everyone falls at some point in their life, many people underestimate the potential severity of these injuries. However, falls can lead to broken bones, strains, sprains, and more. The scariest risk is a traumatic brain injury (TBI). TBIs can range from mild to severe.
Negligent security is a type of claim generally linked to commercial property. The property owner has a duty to provide a secure environment for people. Whether the property owner will be liable depends on whether the owner took reasonable precautions to keep people safe, the type of property, and the location of the business. Owner-occupants of private residences are rarely liable for negligent security, but it is a common claim against commercial property owners.
Animal bites—particularly dog bites—are another common type of premise liability injury. Liability for dog bites varies wildly from state to state, but many states hold owners blameless unless their dogs have a history of vicious behavior or prior attacks. California takes a limited, strict liability approach to dog bite claims—owners who clearly warn visitors that a pet is dangerous may escape liability. Our lawyers in Irvine could determine what type of premises liability claim applies to a case.
Talk to an Irvine Premises Liability Attorney
Getting injured on someone else’s property can be difficult. Some people think that the property owner is responsible no matter how the injury occurred. Others may worry about holding friends or family financially responsible for injuries on their property. These two examples are just some of the misconceptions or misplaced fears people have about premise liability claims.
Generally, a property owner must be negligent in order to be liable for an injury. Plus, while filing a claim against a loved one can be awkward, they should have an insurance policy to protect them from the financial outcome of these claims. To learn more, schedule a consultation with our Irvine premises liability lawyer.
