Premises Liability – Personal Injury Lawyer in Stockton
Premises liability is the liability for the landowner for certain torts that occur on his or her property. Just like any other negligence action, the injured person must establish the following:
- the existence of a duty on the part of the defendant to use due care;
- a breach of this legal duty; and
- the breach as the proximate or legal cause of the resulting injury.
Many slip and fall accidents fall under premises liability but it can also include other things like construction accidents, dog bite cases, and injuries caused by the negligent or willful conduct of third persons on the premises involved.
Ownership is necessary in order to prove who is responsible and the court will look at a number of considerations such as: the foreseeability of harm to the plaintiff, the degree of certainty that the plaintiff suffered injury, the closeness of the connection between the defendant’s conduct and the injury suffered, the moral blame attached to the defendant’s conduct, the policy of preventing future harm, the extent of the burden to the defendant and consequences to the community of imposing a duty to, exercise care with resulting liability for breach, and the availability, cost and prevalence of insurance for the risk involved.
No two cases are the same and the procedures can vary depending on the complexity of the legal and evidence presented so make sure to contact an experienced attorney who can help you get compensated correctly for any negligence cases. Every case begins with the filing and service of a Summons and Complaint which will contain one or more “causes of action” such as “Breach of Contract” or “Fraud”. Afterwards, the defendant will be served and will have 30 days from the date of service to answer to the complaint. Once answered, the procedure to compile evidence will begin whether it’s via interrogations, request for production of documents, request for admission, deposition or subpoena documents from a third party. If the party refuses to comply with discovery requests, the court can grant the motion and further responses will be made. Settlement negotiations may proceed throughout the trial, but it can get complicated and can take some time so make sure to contact an attorney to help you through the stages.