Premises Liability Lawyer in Torrance
Unfortunately, just because you were injured on someone else’s property, does not make you automatically entitled to receive compensation. Often times, victims tend to assume that the property owner is automatically liable for their injuries because an accident happened on their property. If the property owner and his or her insurance company successfully determines that they are not at fault for an accident, there is a possibility that it can leave you without compensation. In addition, even if they are held partially at fault, there is a chance that the property owner and the insurance company can reduce the value of your claim. This often occurs to victims who choose not to hire a team of reputable premises liability attorneys.
Ultimately, in order for a victim to successfully recover compensation for their damages in a slip and fall accident, there are certain factors that must be proven in order for the property owner to be held liable. The following elements must be proven:
The property owner has a duty of care to the victim
The property owner breached the duty of care
The causation lead to the injury
The injuries were caused by the slip and fall accident
By hiring a premises liability lawyer in Torrance from Molchan Law, we will be able to prove these four elements. Our team has the experience and knowledge to successfully prove that the property owner was negligent. It is the law for property owners or business owners to exercise a degree of care in order to protect anyone who enters the premises. In addition, visitors, customers, and shoppers are expected and required to exercise reasonable care in terms of their own safety. This is when it can get a little tricky, because a property owner can claim that the visitor was negligent, which caused the accident to happen. Whatever the case may be, these types of cases are extremely complex, and it is in your best interest to consult with a Torrance premises liability attorney to get you the help you need.
Types of Premises Liability Defenses
There are a number of different defenses that insurance companies and the opposing counsel may attempt. There are four main defenses that can make your claim invalid or can reduce your amount of compensation.
Assumption of risk: Assumption of risk is the most common liability defense; however, it can only be used for specific businesses and properties. In this case, the property owner must present evidence proving that you were aware of the hazard when you entered the property, as well as you understood and recognized the risks. However, doing so did not stop you from subjecting yourself to the potential risks. For instance, signage that showed “Caution! Wet Floor,” yet you still walked by, despite the sign, may fall under this type of defense.
Comparative negligence: Comparative negligence is when the injured party was partially at fault for causing the injuries. For example, if your own negligence or carelessness caused the accident, then your amount of compensation will be reduced and you will be held partially at fault for the accident.
Pre-existing injuries: When dealing with insurance companies, you will have to provide your medical history in order to ensure that no similar injuries or medical conditions from the past aggravated the injury or were caused by something else.
Severity of the injuries: Often times, insurance companies tend to undermine and argue the severity of a victim’s injuries. For instance, the insurance company will try to claim that your injuries do not impact your life, such as work or daily activities. Therefore, they will discredit your injuries. Insurance companies and the opposing counsel will go as far as investigating your social media accounts to prove that your injuries were not as serious as you had claimed.
With that being said, it is imperative that you have a team of reputable premises liability attorneys on your side to hold the at-fault party accountable. We have successfully represented many victims of slip and fall accidents and know what it takes to receive full and fair compensation on behalf of our clients. If you have been injured, we can help. Contact us today to speak to a personal injury attorney in Torrance.