Who Can I Name in My Premises Liability Claim?

Whether you’re eating out at a restaurant, picking up groceries at your local store, or spending a day at the mall, when you visit these establishments, you do so trusting that you will be kept safe. However, negligent property owners, managers, and staff cause serious accidents every day, leaving the victims to foot the bill of exorbitant medical expenses, lost earnings, and other avoidable damages.   

If you were injured on someone else’s property, you may be wondering who you can name in your personal injury claim. In this article, we’ll take a look at who might be liable for your losses and how you can prove fault after an accident. 

Who Is Liable after a Premises Liability Accident? 

If you were injured on someone else’s property, you are entitled to file a premises liability claim against the individual(s) and/or entity that occupies, leases, owns, or controls the property where the accident happened. As such, the property owner or manager could still be held liable even if they delegated the task of property maintenance to staff members or a contractor.  

Ultimately, if a hazardous condition contributed to causing the accident, the property owner or manager is most likely at fault. The following individuals and entities could also be named in your premises liability claim: 

  • Business owners 
  • Restaurants 
  • Stores
  • Retail centers
  • Property management companies
  • Homeowners
  • Employees responsible for maintaining the property 

How Do I Prove Fault? 

While premises liability cases can differ drastically from one claim to the next, you will usually need to show that the defendant breached the duty of care owed to you, and that their negligence caused your injuries. In California, a property owner or someone occupying a property has a legal duty to protect against, give warning, or repair dangerous conditions that they were aware of or should have reasonably known about.  

If, for example, a faulty hand railing caused you to fall and evidence shows that the property owner, manager, and/or staff were aware of the hazardous condition for weeks but failed to repair it, you could make a strong case that they breached their duty of care.   

Evidence that could help you prove liability might include: 

  • Surveillance camera footage 
  • Maintenance reports
  • Building plans
  • Eyewitness testimony
  • Photographs of the hazardous condition
  • Expert witness testimony
  • Medical Records 

Discuss Your Case with a Premises Liability Attorney in California 

If you were injured on someone else’s property, you may be able to file a personal injury claim to recover compensation for your injuries and other damages. At Harris Personal Injury Lawyers, our attorneys can review your situation, assess the available evidence, and discuss the best way to proceed with your case.

We require no money upfront, and you won’t have to pay attorney’s fees unless we win your claim. Reach out to us at 1-800-GO-HARRIS or drop us a message via our Contact Form to request a free case assessment.