Maintaining property so that it is safe for customers, employees and visitors should be a top priority for all businesses. Premises liability lawsuits are one the most common claims made against businesses.
At Chain | Cohn | Stiles, we regularly receive calls from Kern County residents injured due to poorly maintained property.
Premises liability claims typically fall into one of two major categories: standard premises liability, or premises liability against a public entity, oftentimes referred to as a “dangerous condition of public property.”
Someone who is injured on a property needs to prove four things:
- The property was owned, leased and/or controlled;
- The owner was negligent in the use or maintenance of the property;
- An injury was suffered; and,
- The negligence was a substantial factor in causing the injury.
Property owners are expected to use reasonable care to discover any unsafe conditions, and to repair or give warning of any condition that could be reasonably expected to harm others. If an injured party can ultimately prove that a dangerous condition existed on the property, that the owner knew or should have known the condition was present on the property, and that the owner failed to correct the condition, or give adequate warning, the injured party will likely prevail.
But how does it work in a practical sense? If, for example, a property owner fails to maintain a parking lot to the extent that it is full of potholes, uneven surfaces, or broken and cracked asphalt and someone falls, the property owner may be liable for their injuries. If a customer spilled something inside a store and the owner has no protocol or procedure in place to regularly inspect the condition of the floor, and then hours later another customer slips and falls, a property owner could be liable. If a business operates at night, and an area outside is so poorly lit that things like curbs, parking bumpers, or medians are invisible and someone falls, a property owner could be liable.
The personal injury lawyers at Chain | Cohn | Stiles have been handling premises liability cases for decades and have the experience necessary to obtain successful results on behalf of their clients. If you or someone you know has suffered a serious personal injury because someone else failed to properly maintain his or her premises, you have the right to hold that person accountable by way of a lawsuit. Should you have such a claim, contact our law firm at (661) 616-9829 immediately.
Your Kern County Premises Liability Lawyers
If you or someone you know is injured on someone else’s property due to its condition, contact us at (661) 616-9829 or visit us at 1731 Chester Ave., Suite 100, Bakersfield, CA 93301-5220 today.