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Hazardous conditions such as icy parking lots, wet floors, hidden dangers and hazards, broken sidewalks, spilled substances, and unattended merchandise in the middle of store aisles can lead to serious injuries.
People and entities responsible for maintaining public or private properties must ensure these areas are safe against foreseeable hazards. Unfortunately, negligence by even a single individual can create a dangerous environment. If you were injured on private or public property, you may have legal options to seek compensation for medical expenses, rehabilitation, lost wages, emotional distress, and other damages.
Attorneys Parisima Jassim and Pajman Jassim from Jassim Law are prepared to help you handle even the most complex premises liability cases. We offer personalized legal counsel and vigorous representation. We fight for justice on your behalf and on behalf of our community to deter similar wrongdoings in the future. If you have suffered due to such negligence, it is crucial to contact our El Cajon premises liability attorneys immediately to initiate your claim.
Proving Negligence in a Premises Liability Claim
The concept of “duty of care” relates to the legal obligation of property owners, managers, or those in control of a premises or property to ensure the safety of individuals on their premises and to prevent harm. In California, property managers, tenants, and owners are expected to create a safe environment for visitors.
Once a duty of care has been established, you must prove the following elements to show negligence:
- Breach of Duty: The opposing party did not uphold a reasonable duty of care. This could be due to not fixing a known hazard, failing to conduct regular inspections, or not adequately warning of potential dangers.
- Causation: Connect the breach of duty to the injury. It must be clear that the unsafe condition on the property was the cause of the accident and resulting injuries.
- Damages: Demonstrate the actual damages suffered due to the accident. This can include medical bills, lost wages, pain and suffering, and other related losses.
Collecting the right evidence is essential to building a strong case. This can include the following:
- Video footage of the hazard that caused the injury taken as soon after the incident as possible.
- Witness statements from people who saw the accident or who can testify to the unsafe condition.
- Maintenance records that show how the property was being kept up.
- Incident reports if they were filed at the time of the accident.
- Medical records that document the injuries and their impact on the victim’s life.
- In some cases, the testimony of experts in fields like property safety, engineering, or medicine may be necessary to explain how the breach of duty led to the injury and to clarify the nature and extent of the injuries sustained.
Additionally, if an accident results from a hazardous condition on a roadway, the government entity responsible for its maintenance, such as the city, county, state, or federal government, may be liable. Navigating claims against government bodies can be complex due to the involvement of various agencies. At Jassim Law, our El Cajon premises liability attorneys are well-equipped to handle cases against these formidable opponents, ensuring dedicated and trustworthy legal representation.
Given the complexities involved in proving negligence, having skilled legal representation can significantly influence the outcome of a premises liability claim. The lawyers of Jassim Law can help navigate the legal process, handle the gathering and presentation of evidence, and advocate effectively on behalf of the injured party.
Recoverable Damages in a Premises Liability Case
In a premises liability case, such as a slip-and-fall, you can seek compensation under two primary categories: economic damages and non-economic damages. These are designed to reimburse the injured party for the various losses and suffering caused by the accident.
Economic Damages refer to tangible losses with a specific monetary value. Common types include:
- Medical Expenses: Costs for medical care resulting from the accident, including hospitalization, doctor visits, physical therapy, medications, and any ongoing medical needs related to the injury.
- Lost Wages: Income lost due to time taken off work for recovery. This also covers potential future income losses if the injuries affect long-term earning capacity.
- Property Damage: If personal belongings are damaged in the incident, compensation can cover the costs of repair or replacement.
Non-economic damages address the emotional and psychological impacts of the accident, which are more subjective and not directly quantifiable in monetary terms. These include:
- Pain and Suffering: Compensation for both physical discomfort and emotional distress from the accident, including any chronic pain or continued discomfort.
- Physical Impairment
- Loss of Enjoyment of Life: The diminished quality of life you may endure due to your injuries.
- Mental Suffering
- Anxiety/Grief
- Emotional Distress: This covers the psychological effects of the incident, such as trauma, anxiety, depression, and diminished quality of life.
- Loss of Consortium: Losses for the negative impact on spousal relationships, addressing lost companionship, affection, and support.
While less common, punitive damages may also be awarded in cases of gross negligence or malicious intent by the defendant. These are intended to punish the opposing party and deter similar behavior in the future and are not typical in premises liability cases unless the actions were particularly egregious.
Calculating Damages involves a detailed accounting of all incurred and anticipated expenses, evaluating the life-altering impacts of the injuries, and possibly enlisting experts to estimate future needs and costs. The amount of non-economic damages often hinges on the injury’s severity, the degree of pain and suffering, and overall impact on the victim’s life and future.
Speak With the Premises Liability Lawyers of Jassim Law Today
If you suffered injuries due to a hazardous condition on property owned or controlled by a public entity or a private owner, you may be eligible for financial compensation to address any economic losses you’ve incurred. However, it’s crucial to act quickly to secure your claims and preserve evidence.
Jassim Law provides a complimentary case evaluation to answer questions and discuss your legal options. With over 20 years of experience, Attorney Pajman Jassim is committed to promoting safety in the community by holding negligent parties accountable. Our premises liability attorneys in El Cajon understand that in-person meetings may not always be possible, which is why we are pleased to offer consultations via Zoom or phone. To speak with one of our El Cajon personal injury lawyers, call us at (858) 524-6140 or fill out our contact form today.
Personal Injury
If you or someone you know is injured as a result of someone else’s negligence, intentional conduct, carelessness or mistake, your remedy lies in our civil justice system. In our civil justice system, the remedy available is financial compensation. Injury cases can vary greatly. Here are some examples of personal injury matters:
Employment Law
Workers Compensation
Many injured workers never get the compensation, medical care, and rehabilitation services they need. We represent workers in all industries and have the resources, knowledge, and experience to fight any company, large or small.
Civil Rights
Our laws allow for certain rights for every citizen regardless of the person’s race, religion, age, gender, sexual orientation, or appearance. At Jassim Law, we focus on cases involving equality, social freedom, and discrimination.
Practice Areas
- Personal Injury
- Wrongful Death
- Automobile and Motorcycle Collisions
- UBER, LYFT, and Rideshare Injuries
- Trucking and Commercial Vehicle Accidents
- Common Carrier, Airline, Train and other Mass Transit/Common Carrier Accidents
- Pedestrian and Bicycle Accidents
- Boating, Maritime, Water Sports, and Other Vehicle Accidents
- Catastrophic and Serious Injuries
- Construction Accidents and Injuries
- Worker’s Compensation Injuries
- Products Liability
- Brain Injury/Concussion Injuries
- Spinal Cord Injury
- Orthopedic Injury
- Amputation Injury
- Government Entity Liability and Claims
- Premises Liability
- Slip/Trip & Fall Injuries
- Employment Law
- Civil Rights
- Excessive Force, Wrongful Arrest/False Imprisonment
Personal Injury
If you or someone you know is injured as a result of someone else’s negligence, intentional conduct, carelessness or mistake, your remedy lies in our civil justice system. In our civil justice system, the remedy available is financial compensation. Injury cases can vary greatly. Here are some examples of personal injury matters:Read More
Employment Law
The relationship between an employee and an employer can be unequal. Most employees depend on their jobs to pay their life expenses and support themselves and loved ones. California law, as well as the law in United States,Read More
Workers Compensation
Many injured workers never get the compensation, medical care, and rehabilitation services they need. We represent workers in all industries and have the resources, knowledge, and experience to fight any company, large or small.Read More