To preserve your personal injury claim, follow this eight-point checklist
If you are hurt while on another person’s property, premises liability law may allow you to seek compensation for your injuries.
On June 26, Your Attorney on Radio Madan Ahluwalia explained premises liability law and provided eight guidelines to follow if you are injured and want to preserve your personal injury claim.
What is meant by premises liability?
The owner of the premises has the duty of care to keep the property in a safe condition and the duty of care to learn of the existence of any dangerous or unsafe conditions that could result in harm to anyone.
This does not mean that the possessor is automatically liable. There are very few areas of law where strict liability applies.
The injured person must prove that:
- 1. This risk of harm is unreasonable
- The possessor (meaning the owner) knew or in the exercise of ordinary care should have known of the condition and should have realized that it involved an unreasonable risk of harm to an invitee
What are some examples of situations in which premises liability law might apply?
If you trip and fall on a sidewalk, the city or homeowner could be liable. If you’re shopping and slip and fall on a wet floor, the store could be liable. If you’re on a construction site lawfully and fall into an uncovered hole, premises liability law could apply.
What does “knew or should have known” mean?
A property owner has a duty to periodically check for hazards. The key is figuring out whether the owner knew or should have known of such a hazard. If you’re not careful or are not paying attention and you could have avoided the accident if you had been paying attention, the property owner won’t be liable.
The owner has a duty to periodically check for hazards on the premises and then either fix them or warn guests of the hazards.
Is there a time limit for filing a lawsuit?
Yes. The statute of limitations is a legal concept that sets a time limit for filing a lawsuit. The reasoning is that a person who could be sued shouldn’t have to deal with an indefinite threat of being sued.
In California, when a claim involves a city or other government entity the statute of limitations is short — often six months. Therefore it is very important to hire a lawyer as soon as possible.
Does it matter whether I’m a guest or a customer for premises liability purposes?
If you are an invitee, typically a customer visiting a store, the property owner has the highest degree of responsibility to ensure that you are protected from or made aware of a hazardous condition.
Licensees, such as guests in a person home, don’t enjoy the same level of protection. Under the law they are entitled to be made aware of any unsafe conditions the homeowner knows about or should know about
What if I’m partly to blame for the accident?
According to the doctrine of comparative fault, if the injured person was partially at fault for the accident, his or her recovery will be reduced by the percentage of fault assigned to him or her for the accident.
If you are involved in an accident, follow these eight personal injury guidelines:
- Start a diary. A written record is always better than trying to remember what happened, when it happened, and who you were with when it happened. Include relevant information, such as any pain you’re experiencing.
- Take photographs of the injuries and the location where the injury occurred immediately.
- Request a copy of the police report, if one exists.
- If you were transported by ambulance, obtain a copy of the records.
- Write down the names of your emergency physicians and the time you spent in the emergency department, and obtain your hospital records.
- Keep track of all medical bills.
- Keep track of insurance company letters and calls.
- Look at your insurance policy and find out what your policy limits are
Mark Your Calendars
On July 17 the consul general of India will be on the show to answer your questions.
For more information about California premises liability law, contact Madan Ahluwalia at Ahluwalia Law P.C. by calling 650-331-1968 or e-mailing madan.ahluwalia@ahluwalia-law.com.
Based in San Jose, Calif., Ahluwalia Law is a general practice law firm assisting clients with a variety of cases, including but not limited to immigration law, business services, civil litigation, estate management, loan modification and bankruptcy, family law and personal injury.
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