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Personal Injury Claims: Understanding Premises Liability

Posted on in Personal Injury

What happens if you’re walking through a mall parking lot at night and you are attacked with a knife? What happens if the parking lot has a sheet of black ice and you fall and are seriously injured? What happens if you’re in a supermarket and something falls off the shelf, hits you in the head and causes a concussion? In some cases, you may be able to file a personal injury lawsuit based on premises liability.

What is premises liability?

Premises liability is simple: The owner of a property that invites members of the public onto their property are required to exercise a reasonable degree care to protect the public. In each of the cases above, this duty of care was not met. If the parking lot has proper security, you may not have been attacked. If the mall had treated icy surfaces you may not have fallen. If the shelves in the supermarket had been properly stocked, you wouldn't have suffered a concussion.

Understanding duty of care

Premises owners who are open for business automatically invite the public to enter their premises. Therefore, they must exercise ordinary care to ensure members of the public are not subjected to any condition that exposes them to harm. If the owner of a store or a mall fails to meet this duty, they may be liable for the injuries a person suffers.

In the situations listed above, and others, negligent management and maintenance could result in serious injuries to people who visit a store or mall. In these cases, victims may be entitled to file a personal injury lawsuit to recover financially after they suffer an injury. California statutes allow victims to file a civil lawsuit for up to two years after they have suffered an injury. At Jachimowicz Law Group we're committed to helping our clients recover financially to ensure their medical bills are paid and they recover lost wages. Call us if you've been injured because of the negligence of a property owner; we'll be happy to evaluate your case and help you determine if a lawsuit is the appropriate step.

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