Premises liability cases often possess a lot of debate. There can be questions about who
is responsible and if compensation needs to be paid. One of the main things
that needs to be determined before moving forward is if the injured person
was responsible or if the owner is responsible. As an owner of the property,
there is an obligation to make sure that the area is reasonably safe.
What is reasonably safe? This will need to be looked at in each case but
generally it is what a reasonable and prudent person would do if they
were in the same position.
An owner will need to look out for potential dangers, take action against
any hazards and continue maintenance. This may be making sure that there
are no obstructions in the walkways, that the area is adequately lit,
that a structure is sound and that overhead items will not fall, along
with putting out warning signs for dangers such as a wet floor. Not all
cases are the fault of a property owner and it should be looked into if
the injured person was acting responsibly as well. This can include if
they were paying attention to where they were going and not acting recklessly.
Establishing who is at fault is key to move forward with a case for compensation.
A case may be in regards to private and public property. It may be a house
where the injury takes place, or in a public area, such as a store. It
will also need to be taken into account if the injured party had a right
to be on the property, though trespassers may still be granted some protection.
Call a San Jose injury attorney from our office for free advice from a
firm that has recovered more than $250,000,000.