How to Prove Negligence in a Premises Liability Claim in California

Unlike other California personal injury claims, a premises liability case may not have a police report or incident report to support a victim’s negligence claim. If you suffered injuries on someone else’s property, a Sacramento premises liability lawyer can uncover other ways to prove the responsible party’s carelessness and seek fair compensation for your losses. 

What is Premises Liability in California?

Premises liability refers to a property owner or manager’s legal duty to prevent injuries to visitors. If a property owner fails to keep their premises hazard-free or warn visitors of a dangerous condition, they could be liable for any injuries people suffer due to their wrongful actions or omissions.

How Do You Determine Liability in a Premises Liability Case?

Whether a property owner is liable for someone’s injuries in an accident depends on several factors. The injured party must prove that the property owner knew (or reasonably should have known) about the hazard that caused the accident. 

Next, the victim must prove they were injured by the dangerous condition on the property owner’s premises. If someone injured on another person’s property can prove these two elements, they may have a strong case for compensation. 

How Do You Establish the Property Owner’s Duty of Care?

A property owner’s “duty of care” refers to their responsibility to keep their premises safe for visitors. California law dictates that property owners owe a duty of care to people lawfully on their property.

In most cases, the only duty property owners owe to trespassers is to avoid intentionally injuring them. However, there are exceptions for cases involving children. For example, a property owner could still be liable if a child drowns in a pool, even if the child did not have permission to be there. 

Evidence Needed to Prove Negligence in a Premises Liability Case

Some types of evidence that can help prove negligence in a premises liability claim include:

• Medical records
• Police report or incident report (if available)
• Photos of the accident scene and your injuries
• Property maintenance or repair records
• Eyewitness accounts
• Expert testimony
• Surveillance camera footage

Common Defenses Used by Property Owners in Premises Liability Claims

A property owner involved in a premises liability case might offer several defenses, such as: 

• Unaware of the hazard – They had no reasonable way to know the hazard existed.
• Not enough time to repair – The hazard just happened, giving the owner no reasonable amount of time to make repairs or place a warning sign (e.g., a spill in a grocery store aisle).
• Trespassing – You entered the property unlawfully.
• Comparative negligence – You did something that contributed to your injury. 
• Assumption of risk – You entered the property aware of a potentially dangerous situation but did so anyway (e.g., getting on a carnival ride).
• Statute of limitations – You have two years to file a premises liability claim in California. If you miss the deadline, your case will likely be dismissed, and you will lose your right to compensation. 

These arguments are hard to contradict without strong evidence. Your attorney can investigate the accident, gather proof to support your claim, and push for fair compensation.

How Demas Law Group Can Help

With over 25 years of serving Sacramento residents, Demas Law Group knows how to win a premises liability case. Let us investigate your claim and demand the money you deserve for your injuries and losses. Our legal team prepares every case like it’s going to trial and won’t hesitate to go to court if the insurance company refuses to make a fair settlement offer. 

Don’t wait to talk to an experienced premises liability claims lawyer about your case. Call Demas Law Group now or contact us online for a free consultation.