Proving Negligence in Premises Liability Cases
If you were injured on someone else’s property, you might have a premises liability case. Property owners have a legal duty to keep their spaces reasonably safe for visitors. When they fail to do this and someone gets hurt, they can be held responsible for damages like medical bills, lost wages, and pain and suffering.
Proving negligence in these cases isn’t easy without the help of an experienced San Bernardino premises liability attorney on your side. At William D. Shapiro Law, Inc., our team of personal injury lawyers have been fighting for injured California victims for decades. We know what it takes to gather the evidence needed to win premises liability cases. Call us at 909-890-1000 now.
What Is Premises Liability?
Premises liability law in California holds property owners accountable when unsafe conditions on their property cause injuries to visitors. This applies to all types of properties, including stores, restaurants, apartment buildings, offices, and private homes.
The strength of your case depends heavily on your legal status when you were injured. Invitees (customers in stores) receive the highest level of protection, while licensees (social guests) get moderate protection, and trespassers typically receive the least protection under the law.
The Four Elements of Negligence You Must Prove
1. Duty of Care
Property owners must maintain their premises in a reasonably safe condition. This means they should regularly inspect their property, fix known hazards, and warn visitors about dangers they cannot immediately address. The level of care required varies based on your status as a visitor, but all property owners have some duty to prevent foreseeable harm.
2. Breach of Duty
You must show that the property owner failed to meet their duty of care. This could mean they knew about a dangerous condition and did nothing to fix it, or they should have known about it through reasonable inspection. Common examples include failing to clean up spills, ignoring broken handrails, or not fixing uneven sidewalks.
3. Causation
Your injury must be directly connected to the property owner’s failure to maintain safe conditions. You need to prove that your accident and injuries happened because of their negligence. This element often requires expert testimony to establish the link between the unsafe condition and your specific injury.
4. Damages
You must have suffered actual harm that can be measured in monetary terms. This includes medical expenses, lost income, property damage, and compensation for pain and suffering. Without provable damages, you cannot recover compensation even if negligence occurred.
What Types of Evidence Can Strengthen Your Case?
Your San Bernardino premises liability lawyer will gather all the evidence needed to build your case. While you focus on your injuries, they’ll do the heavy lifting. Some of the evidence they’ll look to collect includes:
Physical Evidence
- Photographs of the accident scene and your injuries
- The clothing and shoes you wore during the incident
- Any broken or damaged property
- Measurements of the hazardous condition
Documentation
- Medical records showing your injuries and treatment
- Incident reports filed with the property owner
- Maintenance records that show neglect
- Security camera footage of the accident
Witness testimony can make or break your case. People who saw your accident or can testify about the dangerous condition provide crucial support for your claims. Expert witnesses like engineers or safety specialists may also be needed to explain how the property owner’s actions fell below reasonable standards.
Common Challenges in Premises Liability Cases
Property owners and their insurance companies often argue that you were partially or fully responsible for your own injury. They might claim you were not paying attention, wearing inappropriate footwear, or acting recklessly. This is called comparative negligence, and it can reduce your compensation even if you win your case.
The “open and obvious” defense is another common challenge. Property owners argue that dangerous conditions were so obvious that any reasonable person would have seen and avoided them. However, this defense has limitations, especially when the property owner created the dangerous condition or when visitors had no choice but to encounter the hazard.
Building Your Case: What You Should Do
Act quickly after your accident. Evidence disappears fast, and witnesses forget important details. Take photos, get contact information from witnesses, and report the incident to the property owner immediately. Seek medical attention even if your injuries seem minor, as some conditions worsen over time.
Keep detailed records of everything related to your injury and recovery. This includes medical appointments, treatments, medications, and how your injury affects your daily life and work. These records become crucial evidence when calculating your damages.
Working with an experienced premises liability attorney gives you the best chance of success. They know how to investigate these cases, gather the right evidence, and counter the defense strategies that property owners commonly use.
Contact Our San Bernardino Premises Liability Attorney
Do not wait to speak with an attorney if you were seriously injured on someone else’s property. At William D. Shapiro, Inc., our San Bernardino premises liability lawyers work on a contingency fee basis, meaning you pay nothing unless we win your case. We can evaluate your situation, explain your rights, and handle all communication with insurance companies.
Property owners and their insurance companies have teams of lawyers working to minimize what they pay to injured victims. You deserve the same level of professional representation fighting for your interests and maximum compensation.
Call William D. Shapiro Law, Inc. at 909-890-1000 to talk about what happened or fill out our confidential contact form. You shouldn’t have to face this situation alone. Our job is to help you get the justice and compensation you deserve while making sure negligent property owners are held responsible.
William Shapiro has handled catastrophic injury/wrongful death actions for over 4 decades obtaining numerous seven and eight-figure verdicts and settlements. Honors include: 2022, 2016 and 2013 OCTLA “Top Gun” TLY; 2022 CAOC TLY Finalist; 2018 “Lifetime Achievement Award” Western State College of Law, 2021 & 2017 Best Lawyers, Lawyer of the Year; 2016 WSBCBA “TLY”; 2015 CAL-ABOTA “TLY”; 2014 “TLY” Consumer Attorneys of CAOIE; 2011 “Hall of Fame,” Western State College of Law; Fellow, American College of Trial Lawyers; International Academy of Trial Lawyers; International Society of Barristers; Diplomat, American Board of Trial Advocates (ABOTA); National Board of Trial Advocacy; specialist in Trial Advocacy, State Bar of California; “Best Lawyers in America” and “Tier 1 Best Law Firms” U.S. News; AV Preeminent, Martindale-Hubbell; SuperLawyers; Past President of: San Bernardino/Riverside chapter ABOTA; San Bernardino County Bar Association; Consumer Attorneys of Inland Empire; The Joseph. B. Campbell American Inn of Court; Consumer Attorneys of California; IE ; National Sec of ABOTA, Adjunct professor, Western State College of Law. Learn more here.