Unsafe Property or Road Conditions
Both private and public property owners or occupiers can be held legally liable if you are injured while on their property if these injuries were the result of negligence on the part of the property owner or occupier. This may also be the case when injuries occur as a result of unsafe road conditions. If an unsafe condition caused or contributed to an accident you had on someone else’s property or on a roadway you may be eligible for compensation for the physical and emotional injuries you suffered as a result of the accident.
Understanding Premises Liability
Premises liability is the name given to the area of the law that allows a victim to recover compensation for personal injuries that occurred while on the property of another person or entity. To recover damages in a premises liability lawsuit another party’s negligence must have been wholly, or partially, responsible for the accident that resulted in your injuries. Unsafe property or road conditions fall under the purview of premises liability for the purpose of allowing victims to recover monetary damages for injuries caused by a dangerous property or roadway.
Unsafe Property
Both private and public property owners have a legal obligation to keep the property reasonably safe or to warn visitors to the property of unsafe conditions when it cannot be made safe. This means that the property owner must make all reasonable efforts to design a safe structure, inspect the property to ensure it remains safe, and repair unsafe conditions in a timely manner. This legal obligation applies to private homeowners as well as to government buildings, schools, parks, and other facilities. Common examples of scenarios in which you might be injured by an unsafe condition on someone’s property include:
- Falling down stairways that were shoddily constructed or improperly maintained
- Slipping on wet floors
- Exposure to toxic or hazardous materials
- Being injured by construction equipment or materials
- Tripping over broken or chipped concrete on sidewalks or driveways
- Being struck by objects falling off shelves
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Dangerous Road Condition
Accidents can also happen while driving, biking, or walking on California roadways. When this is the case, the local, state, or federal government may be liable for damages if the victim can show that roadway was in a dangerous condition at the time of the injury. A dangerous road may be the result of bad design, poor maintenance, or failure to correct/warn about a dangerous condition. You might be entitled to compensation for your injuries if any of the following contributed to an injury accident that occurred on a roadway:
- Missing or inadequate traffic signals
- Failure to repair potholes
- Failure to maintain centerlines and/or reflective markers
- Missing or defective guardrails
- Failure to trim or remove trees or vegetation that reduces visibility
- Inadequate or non-existent lighting
- Poorly designed exits or merge lanes
- Unsafe or missing bike lanes
- Unsafe or missing crosswalks
Are You Entitled to Compensation?
Accidents caused by dangerous property or road conditions can lead to serious injuries and emotional trauma. For this reason, the victim of an accident that occurred as a result of dangerous property or roadway conditions may be entitled to compensation for medical bills, lost wages, and property damage. In addition, a victim can recover compensation for pain and suffering. The best way to determine if you have the basis for a California premises liability lawsuit for unsafe property or road conditions is to consult with an experienced premises liability attorney right away.
