Premises Liability Is there Liability?
Premises Liability refers to someone being injured while on property owned by another person because the owner of the property had failed to maintain a safe environment. In such cases the owner of the property may be held liable and the injured party may recover for their medical losses.
For example, imagine that your apartment building has a faulty step in the hallway. Now suppose the landlord hadn’t yet taken the necessary steps to fix the issue and the step gives away under your foot, causing you to topple down the stairs, resulting in unforeseen medical expenses. Your landlord may be held liable for your injuries as he failed to make his property safe for his tenants and this lack of action on his part is what led to your injuries. In such a cases, to hold your landlord liable you would have to simply show that your landlord owner or had control over the property; that he was negligent in maintaining the property (in the case of the example above: failure to fix the step when he was aware that it was faulty); that you were injured; and, that the landlord’s action or inaction was the reason you were injured or at the very least played a large part in causing it.
If you ever find yourself in such a situation it is recommended that you contact a lawyer. Having an experienced attorney on your side in such cases can be invaluable. Insurance companies do not like admitting fault and will therefore spend as much money as necessary on their defense; they will spare no expense in making sure that the amount of liability you may recover is as little as possible.
Having an attorney with experience in premises liability cases on your side will make sure that you cover all your bases and take all possible steps to maximize your recovery. An attorney will make sure that all necessary property inspections, retaining of expert witnesses, and preservation of evidence is done properly and presented in a way that will maximize your recovery of medical expenses, lost earnings, etc.
Sharona Eslamboly Hakim, Esq. is a successful personal injury attorney and the principal of the Law Offices of Eslamboly Hakim firm in Beverly Hills, California.