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Let’s Be Honest: Why Do Some Premises Liability Claims FAIL?

On behalf of The Law Offices of Howard Kornberg Posted in Premises Liability

You can’t surprise anyone with a slip and fall accident nowadays, as the number of premises liability claims filed in our country is booming. Needless to say, not all of these claims are successful.

But why? Why can’t an injured person, who suffered harm and loss of income as a result of a slip & fall accident, pursue compensation for his or her damages? What makes promises liability claims unsuccessful?

We brought our Riverside premises liability attorney Howard Craig Kornberg to answer these questions. Turns out, there are several reasons why claims stemming from injuries on someone else’s property fail.

Reason #1: People have no clue about California premises liability laws

It may sound like a no-brainer, but a person with no law degree cannot really formulate a comprehensive legal strategy and be successful in his/her legal efforts, especially when he or she is up against a wealthy individual, business, or even government, who will always be represented by top lawyers whenever a premises liability claim pops up.

If you’ve been injured on someone else’s property due to a dangerous condition and you believe that the owner of that property was negligent and failed to ensure a safe environment, you may or may not have grounds to take legal action.

Here’s the thing: there are way too many factors that will be taken into account by insurance companies, juries, judges, and attorneys handling your case. So it’s essential to be prepared for all possible defenses and arguments that can be used against you in a premises liability claim to ensure that you’re getting compensation for your damages.

Reason #2: Premises liability defenses

Our best premises liability lawyers in Riverside at the Law Offices of Howard Kornberg have outlined just a few reasons why an injured person who isn’t legally represented may lose a case against the property owner:

  1. Trespassing: if the property owner can prove that you were trespassing at the time of the accident, you will most likely not be able to recover damages. Under California laws, property owners do not owe a duty to trespassers.
  2. The owner of the property was NOT aware of the dangerous conditions: property owners use this defense way too often to avoid responsibility. Bizarrely, many of them succeed, as the plaintiffs (the injured) have no evidence to prove that the defendant (property owner) actually knew about the unsafe conditions that caused injuries.
  3. The property owner is NOT to blame: the owner of the property may argue that he/she is not to blame for your injuries on his/her property. In such cases, the defendant will argue that you were at-fault for your own slip and fall accident (because, for example, your shoe soles were too slippery) or that someone else (a third party) pushed you over. Believe it or not, this defense actually works.
  4. There were proper warnings in place: If you slipped in a shopping mall and there was a wet floor sign in reasonable proximity from the wet floor, you will most likely not be able to win the case. The same goes for construction cones and other signs and warnings that warn visitors of potential hazards or dangerous conditions. After all, the property owner had taken adequate steps to warn you of danger, so why should he/she be held responsible for your injuries?

All of the above-mentioned defenses used in premises liability lawsuits make perfect sense. However, each and every one of them can be challenged in the courtroom by presenting counter-evidence or providing other proofs of liability. That’s where a premises liability lawyer comes in handy.

Your claim should NOT fail just because the owner of the property is pursuing a defense in court. With the help of a skilled attorney, you can still seek compensation for your injuries, including medical bills, lost wages, loss of earning capacity, temporary or permanent disability, and other damages.

Consult our attorneys at the Law Offices of Howard Kornberg about your particular case. Let our lawyers guide you through the legal process and help you recover compensation. Call our Riverside offices at 310-997-0904 or fill out this contact form to get a free consultation.

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