Premises liability laws are in place in Orange County to ensure that property owners are held responsible for negligence based accidents that occur on their land, in their homes, or in their businesses. The premises liability laws of Orange County hold the owner of any property responsible for warning against or remedying any hazards that may be present on the property which can cause guests to suffer injury or death. This law allows the injured parties to collect compensation for their injuries to cover the costs of medical bills or other related expenses, and ensures that business and private property owners maintain the safety of their land, businesses, or homes.
Visitor statuses categorize the reason a victim may be on a specific property, and the status of the visitor on the property will greatly determine their success in filing a premises liability lawsuit for their incurred injuries. These statuses cover 3 different categories of visitors or guests, with two types being easier to receive compensation for.
These visitor types include, invitee, licensee, and trespasser, and a plaintiff during a premises liability lawsuit case will be considered one of these three different visitor category types. Their type will depend on their invitation onto the premises and the specific type of premises in which the accident occurred on.
Invitees are people who are permitted to be on the premises for commercial or business purposes, and many stores welcome invitees by simply opening their doors to customers. Property owners should always pay special attention to making sure that invitees are kept safe at all times while they are on the business’ property to ensure that they are not faced with a lawsuit due to an injury occurring.
Many businesses and commercial buildings will hold routine inspections and checks to make sure that all hazards are known of or remedied right away, allowing the owner or owners of the property to eradicate the problem or to accurately warn any guests that may be present.
It is the responsibility of the property owner to make sure that all invitees remain safe on the property, and should their negligence cause an accident, the injured invitee is often entitled to compensation for their injuries and other related expenses.
A licensee is a type of guest who is invited onto a property for personal or private reasons. These types of guests will often include friends, family, or acquaintances who are welcomed into a home, and it is of the responsibility of the homeowner to warn any guests of un-repaired hazards that could lead to injury. Any and all potentially hazardous conditions in the home or the surrounding owned property, within reason, should be known by the property owner, and all licensees should be notified of these hazards to ensure they remain safe and without injury.
If a property owner fails to let their licensee guests know about a dangerous hazard that is present on the property, and a licensee succumbs to injury in any way, the property owner can be held responsible for paying any damages that result from that injury.
The category of trespassers is one that is particularly difficult to collect compensation for should an injury occur, and property owners are often not held responsible if unknown or unwanted guests get injured on their property. There are two situations in which a property owner may be held liable for a trespasser’s injuries in the region of Orange County, and that is when they have certain features on their property which may attract children that are unsecured, or if they have deliberately placed some sort of trap or other hazard onto their property themselves.
Property owners in Orange County are greatly encouraged to erect additional perimeters around swimming pools, playgrounds, or other structures that may attract children to their properties, to avoid the occurrence of potential accidents. Also, it is unlawful for a property owner to set up an intentional hazard on their property with the intention of inflicting harm on a potential trespasser, and if this is found to be the case, the property owner may be held accountable for the trespasser’s injuries.
Premises Liability Cases in Orange County
For any person who has been injured on someone else’s property in the Orange County region, it is important to seek the assistance of a skilled personal injury lawyer to ensure that fair compensation is paid for the expenses incurred by the injury. These expenses may vary, and can include other expenses such as missed work due to the injury, and a personal injury lawyer in the Orange County region will be able to accurately assess any damages and map out the best course of action for any individual case.
Personal injury lawyers will also provide a great deal of aid in situations of insurance claims stemming from a premises liability related injury, and insurance companies are more likely to pay for the victim’s expenses if he or she is represented with a skilled attorney. If an incident should occur, a property owner will often file a claim with this or her property insurance company, and this will allow them to use their insurance coverage to cover the expenses of the injury. However, insurance companies will often dispute or fight these claims in order to avoid payment, but when faced with a lawsuit, are less likely to do so.