A large percentage of injuries take place in the home. Property owners may be liable for your injuries. Under California Premises Liability Laws owners of a property are liable for damages suffered on their premises. In reference to “possession of property,” this can include any person who: (1) occupies and intends to control the property (2) has occupied with the intent to control the property, and no other person has followed or (3) is entitled to instant possession of the property and where no other party is entitled to such rights.
Owners and property managers have a duty to maintain a safe environment. Such properties can include,
- Single Family Residence: Homes which are leased by tenants
- Multi Family Rental Dwellings such a Apartment Building an Duplexes
- Townhouses
- Trailer Homes for rent
- Condominium Complexes.
What is Negligence?
According to California Law, a Party is Negligent when it fails in a manner expected of a reasonably prudent person acting under similar circumstances. Accordingly, negligence requires the demonstration of four elements:- (1) A Duty of Care is owed to the plaintiff under the circumstances,
- (2) the responsible party breach their duty of care to the injured party (plaintiff)
- (3) the defendant was the actual and proximate cause of the plaintiff’s damages and
- (4) The plaintiff actually suffered some harm (psychological or physical) as a result of the defendants negligence
Types of Accident in residential complexes:
Some of the most common accidents leading to injuries in residential homes are as follows:- Elevator Accidents
- Apartment Complex playground Accidents
- Parking Lot Accidents due to oily and slippery surfaces
- Swimming Pool Accidents
- Health Club – Gym Accidents
- Toxic Mold leading to serious health issues
- Floods causes by ruptures pipes or rain damage
- Stairway falls
- Cracked and Uneven Surfaces leading to slip trip and fall accident
- Failure to follow building codes
- Failure to comply with city and slate local safety codes
- Sexual Assault and battery due to failure to maintain a safe residence
How do I protect myself from an elevator accident?
Compensation for my injuries
As with any type of accident liability case a premises liability clam is directly related to where the accident took place, how the accident happened and the seriousness of the injuries suffered. Factors that can have an effect on the amount that will be recovered by our clients are as follows- The Type of Injury suffered
- The extent of injuries
- Permanence of Injuries
- Whether brain damage was involved
- Whether Spinal Cord Damage was involved
- Availability of Punitive Damages
- Loss of Wages due to Pain and Suffering
- Emotional trauma such as Post Traumatic Stress, Anxiety