There are many cases of injuries in various private properties, in which case both parties involved ask themselves, who is responsible? Since generally, someone entering your property will expect not to get injured, it will be your responsibility to maintain the premises as safe as possible. However, any CA Premises Liability Infographic will show you that the owner is not responsible in every case. This is how you can determine who is responsible in the case of an injury:
What is the legal status of the injured person?
Generally, there are 4 different labels that may apply, depending on the situation. The visitor can be considered an invitee, when he is invited onto the property by the owner and this implies that the owner has taken the necessary precautions to ensure the safety of the invitees. Visitors can also be a licensee, entering the property for his own purpose, a social guest or a trespasser. In other to find out whose fault it is about a possible accident, the Tustin injury attorney will investigate the circumstances in which the visitor entered the property, the foreseeability of the accident that occurred and other factors.
Can both parties be at fault?
Sometimes, the owners can argue that the injured person was partially at fault for what happened, because in most cases visitors have the duty to exercise reasonable care for their own safety. This is why, a good attorney will argue that the injured person was 50% responsible for the accident, in which case if the total damaged were of $2,000, they will only receive $1,000.
Are there any special rules for lessors and landlords?
In some cases, there might be liability rules that apply for landlords, meaning that they are not liable for anyone who gets harmed on the properly, because presumably they no longer have control over the property once they rent it. Of course, there are numerous exceptions and you will always need the help of a lawyer to determine exactly who is at fault in this situation. These are the cases in which the help of a lawyer becomes invaluable, because they know the laws better and they can help their clients overcome this problem successfully.
Determining who is responsible for a premises accident will inquire some work, especially in more complicated cases, which is why as a premises owner, you should always make sure you collaborate with an experienced attorney, who can offer you clear guidelines on how to avoid legal problems or help you manage them properly. The lawyer will minimize your losses and will help you avoid similar situations in the future. Even if you are not sure that you might be liable for an injury someone sustained while they were on your property, you can still consult an attorney, just to have the certainty that everything is under control and you will know how to react in case the person involved in the accident decides to take legal action against you or your company.