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Premises Liability Attorney in San Diego
Guidance Filing a Premises Liability Claim
Have you or a loved one been hurt by dangerous conditions on someone else’s property? If so, then you may be able to pursue a premises liability claim. At Vaage Law, we have recovered millions of dollars in relief on behalf of our clients, including those injured by a dangerous condition. Our trusted San Diego premises liability attorneys are ready to assess the details of your accident and, if necessary, take legal action against the responsible parties.
Retain a powerful legal advocate during this difficult time. Contact us today at (619) 338-0505 to explore your options with us.
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“Duty of Care” in California
In California, property owners are required to exercise what is known as “duty of care.” Duty of care is the responsibility these property owners have to provide reasonably safe conditions to visitors of their property. This applies to both residential property owners and commercial property owners. When they fail to use reasonable care and visitors are hurt, they become liable for any injuries that occur.
Common examples of premises liability claims include:
- Slip and fall injuries
- Dog bites
- Toxic exposure
- Insufficient security
- Fires or flooding
- Swimming pool accidents
- Elevator and escalator accidents
When jurors decide whether a defendant has used reasonable care, they may consider the following, although not all apply to every case:
- The location of the property
- The likelihood someone would follow the same path as the injured party
- The likelihood of harm and the probable seriousness of harm
- Knowledge of the property owner of the condition, including inspection
- The difficulty of protecting against the risk
- The property owner’s control over the condition that caused the risk.
The Burden is On the Injured
In premises liability claims, the burden is on the injured party to prove that he or she was owed a duty of care. Did the defendant own/lease/occupy/control the property? Was the defendant negligent in the use or maintenance of the property? Was the defendant’s negligence a substantial factor in causing harm? This can be a rather substantial burden for someone who is recovering from an accident, which is why our firm prides itself on our diligent and proactive approach to these types of cases. We are ready to document the scene, interview witnesses, and consult with experts to meet this burden of proof on behalf of our clients.
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