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According to California Civil Code 1714(a): “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.”

The above statement is important to consider for those who have been involved in a premises liability incident and are seeking to file a claim against the party at-fault for their losses. Each year, people suffer from injuries due to hazardous conditions that a property owner knew of or should have known of that could have easily been prevented. Many of these accidents have resulted in minor injuries. However, some premises liability cases have left victims in critical condition or have gotten them killed.

It has been reported that more than one million emergency room visits every year are caused by slip and fall accidents, and many of these cases involve a negligent property owner who failed to resolve a known hazard.

According to information provided by the National Floor Safety Institute (NFSI), bone fractures are commonly seen in about 5 percent of all slip and fall accidents. Slip and fall accidents are especially dangerous for elderly victims who are likely to fracture their hips in these preventable circumstances. Severe slip and fall accidents could also result in a concussion or traumatic brain injury (TBI).

If you were involved in a premises liability accident and would like to pursue legal actions against the party at-fault, West Coast Trial Lawyers has Newport Beach premises liability attorneys readily available to help you with your case. We have won over 5,000 personal injury cases and recovered more than $1 billion in settlements for our clients. Due to our achievements, we have been recognized as one of the top personal injury law firms in Newport Beach.

To schedule a free, no-obligation consultation at our Newport Beach personal injury law firm, contact our 24/7 legal team by calling (949) 822-9593 or emailing [email protected].

What Is Premises Liability?

Premises liability may occur when a property owner or landowner goes against their duty of care, which ultimately leads to an injury or loss. Victims of premises liability may be entitled to file a personal injury claim against the negligent property owner. In order to win a premises liability case, the injured victim will be required to:

  • Prove that a property owner owed the victim a duty of care. Both public and private entities owe invitees and licensees a duty of care. This does not apply to trespassers, unless the trespasser is a child.
  • Prove that a dangerous condition existed on the property. The property owner knew or should have known about the hazards on their premises. For example, poor lighting, a damaged staircase, loose handrails, or inadequate security.
  • Prove that the dangerous conditions led to the victim’s injuries. It must be proven that the property owner’s negligence directly caused the victim to sustain an injury.

You will need to have an experienced Newport Beach premises liability attorney on your side to help you through the process of filing a claim. Your attorney will assess your case and may ask a few questions, such as:

  • Was the incident videotaped?
  • How long did the dangerous condition exist before the accident occurred?
  • What kind of routine cleaning and inspection does the property owner do?
  • If you tripped over an object, was there an actual reason for it to have been there? Was it in plain sight? Was there a warning given about that object?

Types of Premises Liability Cases

There are many types of personal injury cases that can be identified as a premises liability case. This includes the following:

  • Slip and fall accidents
  • Snow and ice accidents
  • Dog bites
  • Swimming pool accidents
  • Poor building security
  • Amusement park accidents
  • Toxic fumes or chemicals
  • Flooding or water leakage

Premises liability cases come in a wide variety. Each one of them involves an unsafe or hazardous condition that has the potential to cause serious harm or death to a visitor.

Types of Visitors

Hitting Someone With a Car on Purpose

Visitors of a property are placed into three different categories, which include the following:

  • Invitee. An invitee is identified as a person who is given permission by the property owner to enter their premises. Invitees can be neighbors, relatives, or friends. A property owner is required to provide a duty of care to an invitee.
  • Licensee. A licensee is identified as a person who is given permission to enter the property, but has made a visit to the property owner’s premises for their own purposes. A licensee can be a salesperson or utility worker. A property owner is also required to provide a duty of care to a licensee.
  • Trespasser. A trespasser is identified as a person who is not legally permitted to enter the property owner’s premises. Generally, a property owner is not required to provide a duty of care to a trespasser, unless the trespasser is a child. If so, the property owner will have to provide a duty of care  in order to avoid foreseeable risks that can inflict harm onto the child. This includes hiding or covering up attractive nuisances, such as a swimming pool.

Available Damages in a Premises Liability Case

Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.

Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. It is calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries. A few examples of economic losses include loss of earning capacity, medical bills, and lost wages.

Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. This may include compensation for emotional distress, pain and suffering, and loss of enjoyment of life.

The third type of damages a California court may award is known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. It is relatively rare and, in fact, was only incorporated in 5 percent of all verdicts. Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.

West Coast Trial Lawyers Is Here to Help

If you were injured while on public property or legally on private property in Newport Beach due to the negligence of a property owner, West Coast Trial Lawyers has experienced Newport Beach premises liability attorneys that will help you get the justice you deserve.

To schedule a free, no-obligation at our Newport Beach personal injury law firm, please contact our 24/7 legal team by calling (949) 822-9593 or emailing [email protected]

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