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: Proving Fault in a Premises Liability Case in LA

By Edited Feb 10, 2014 0 0

Premises liability usually applies to accidents that happen in establishments, properties or premises. Because these places are owned by a certain individual or group, they should be held responsible for any unfortunate situation that may happen. However, there are several factors to be considered before a complainant can successfully prove an owner's liability. Oftentimes, hiring a Los Angeles personal injury lawyer is a good idea to undertake these issues.

Below are some of the things that a plaintiff should do to effectively prove fault in a premises liability claim:

  • The owner's duty – The plaintiff should prove that the owner has a duty to keep his visitors safe.
  • A breach of duty – This means the establishment or premises owner was negligent in conducting its duty.
  • The cause of the accident and injury – The complainant should be able to prove that the owner's breach of duty was a factor that led to the accident.
  • Comparative negligence and recklessness – In your premises liability claim, you have to prove that your negligence was not the cause of the accident. There should be proof that your injuries were directly or indirectly caused by the owner.
  • Extremely hazardous activity – If there is an extremely dangerous activity within a property or establishment, the premises owner or administrator will be automatically liable for any accident.

If the injured party can prove all these factors, he would have greater chances of winning the lawsuit. If he succeeds, he may receive the following as compensatory damages from the responsible individual.

  • Medical expenses – This will include all the costs caused by his injury. Usually, the liable party would be required to support the victim until his injury has fully healed.
  • Lost wages – In case the plaintiff was bedridden for several days or weeks because of the injury or a temporary disability, the defendant will be required to reimburse his lost wages.
  • Pain and suffering – While this type of damages is difficult to compute, it is still rewarded to victims if necessary.
  • Legal fees – This will cover attorney fees, transportation expenses, and even payment for printed materials.

In a premises liability claim, proving fault is crucial, especially if there were no witnesses when the accident happened. In this kind of case, the complainant should hire an experienced Los Angeles personal injury attorney to gain the upper hand over the defending party. If he is able to prove the factors stated above, and work well with his lawyer, obtaining compensation would be a faster.


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