What are your rights when it comes to premises liability?
Anytime a California resident enters a public place such as a store, apartment building or other public building, the owners and managers are required to take reasonable steps to ensure your safety. When those steps are not taken, someone could be injured. If you suffer an injury while on the property, you may be entitled to seek damages under premises liability laws.
Many people are familiar with slip-and-fall claims, but those are not the only claims that can be made. Any time a maintenance issue is neglected, a safety hazard is ignored or the security is lax or non-existent and an injury occurs, liability might rest with the owner or manager of the establishment for an injury. What people may not realize is that victims of some crimes may also be able to seek civil relief.
For instance, if an assault, robbery or rape occurs at a store, mall or nightclub with inadequate security, the court may find that the premises breached its duty and award civil damages. Those damages could include expenses such as medical costs and lost income. In addition, the court may award additional damages for emotional distress and/or pain and suffering.
The important thing is to seek the assistance and advice of an attorney as quickly as possible since the statute of limitations for these claims is short. Further, evidence that can be presented in civil court can be documented as quickly as possible. This includes gathering any security footage, talking to anyone who may have seen something and documenting the scene.
It is bad enough to suffer injuries due to the possible negligence of a property manager or owner, but when the medical bills begin to come in and all of your sick days are gone, the financial burden will only add to the problem. Having your case reviewed by someone who understands the legal intricacies of a premises liability claim could reveal an avenue by which to seek damages. If a California court is satisfied that the property owner and/or manager was negligent in some manner, an award of damages could be made.
