Premises Liability Claims
Proven Counsel from Our Dedicated White Plains Personal Injury
In the state of California, both residential and commercial property owners
are responsible for providing safe conditions for those invited and welcome
on their premises. When these conditions are not provided for visitors
and someone is hurt, the victims may have an injury claim against the
property owner. This is considered a premises liability claim.
If you or a loved one have been hurt due to the dangerous conditions on
someone else's property, our firm is ready to help you assess your
Ivey Barnum & O'Mara, LLC, our award-winning legal team has recovered millions of dollars in relief
of our clients, including those victims of serious trauma and catastrophic
injury. We know what it takes to secure our clients results and are prepared
to take aggressive, effective steps towards having their hardships legally
Get a firm with more than 30 years of experience on your side. Call our
offices today to start exploring your options.
What Type Of Visitor Were You?
Before determining whether you have a viable premises liability claim,
it's first crucial to substantiate what type of visitor you were to
the property. This determines whether or not you were owed "duty
of care" by the property owner—with is their responsibility
to ensure that you were safe while you were visiting.
Different types of visitors to a property in California include:
- Invitees: expected social guests, customers, patrons, etc.
- Licensees: repairmen, delivery people, mail carriers, etc.
- Trespassers: those breaking the law by being present when they shouldn't
Generally speaking, invitees and licensees are owed duty of care and have
the legal grounds to seek compensation when an injury occurs. Because
they are not legally on the premises when injured, trespassers do not
have a legitimate claim against property owners. In the case that your
young child was hurt while trespassing, speak to an attorney about the
circumstances of the accident and your legal options.
Proving A Premises Liability Claim
Just like in other injury claims, the burden of proof in premises liability
claims falls with the injured plaintiff. Four key elements of the claim
must be demonstrated to the court for the plaintiff to be awarded compensation.
A plaintiff must prove:
- That they were owed duty of care
- That the property owner failed to provide duty of care
- That the lack of duty of care allowed for the dangerous conditions
- That the dangerous conditions led directly to the injury
At Ivey Barnum & O'Mara, LLC, our team understands these burdens
placed on the plaintiff and always endeavor to collect the evidence, the
testimony, and the advice of experts when needed to substantiate these
claims. As experienced litigators, we're ready to painstakingly prepare
your case and ensure that the gravity of your injury is compellingly put forth.
Ready to explore your premises liability claim options? Fill out our online
form to request a free, confidential
case evaluation with us today.