State premises liability laws require landowners, possessors, and those responsible for the upkeep to maintain a safe property and surrounding land for visitors they invite to enter. The statutes govern all property types, including commercial, business, public spaces, and residential developments.
You may be eligible to obtain a settlement from the liable party if you suffered a TBI on someone else’s property because of hazardous conditions. Call our office to speak to a lawyer who handles TBI from defective property cases in Sacramento. Our compassionate brain damage attorneys are here to help you when there is nowhere else to turn.
Personal injury laws, also called tort laws, require people to act sensibly and avoid causing harm to others. The rule applies to many areas, including driving, recreational activities, and property maintenance.
Under California premises liability rules, property owners must conduct regular maintenance and inspections to identify hazards and repair them. They have a legal obligation to eliminate risks and protect visitors from sustaining injuries in avoidable accidents.
After sustaining brain injuries because of landowner negligence, a necessary element to obtain a settlement is verifying your visitor status at the time the event occurred. The person responsible for the property owes each group varying degrees of legal responsibility.
The first category is invitees; the owner invites them to enter the premises for business purposes. The landowner or manager of the property must provide invitees with the utmost level of care and ensure the area is safe or warn them of potential risks until they complete repairs.
The second group is the licensees, and they also enter upon invitation. However, they visit the property for social or personal reasons. Landowners must warn licensees of hazardous conditions they know of or should have known about through prudent care.
The last category is trespassers, and they enter without permission. The person responsible for maintenance and upkeep has no legal obligation to keep the premises safe or warn trespassers. However, it is unlawful to create a defective and dangerous situation to harm them purposely. Doing so may cause the court to hold the owner financially accountable.
A TBI attorney in Sacramento could investigate your case and help determine your status when an incident occurred on faulty property.
California tort laws follow a pure comparative negligence legal doctrine for claims involving shared fault. This means that even if the jury finds that the plaintiff shares a percentage of liability for the accident and resulting damages, they can still obtain a settlement from the defendant.
Per the instructions provided in the Judicial Council of California Civil Jury Instructions, or CACI Number 405, sharing a portion of liability does not bar the injured party from collecting an award for damages, regardless of how much. However, they reduce the settlement by the plaintiff’s percentage of liability.
Establishing the defendant’s full extent of responsibility is essential for obtaining suitable compensation. During a consultation, a Sacramento lawyer could review your case specifics and answer questions about brain injuries from defective property.
Severe injuries, such as brain damage, can have catastrophic effects on nearly every part of your life. When avoidable accidents occur because of a property owner’s recklessness, you have every right to expect them to pay for your losses.
The Hackard Law team could help with your case involving a TBI from a defective property in Sacramento. Call our seasoned personal injury attorneys to learn more and schedule a consultation.
(916) 775-8542