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If I’m Injured on Someone Else’s Property, is it the Owner’s Fault?

It can be as simple as a slip-and-fall accident at the supermarket — or as dramatic as a shooting at a mall. When injuries happen on someone else’s property due to unsafe situations, a property owner can be held accountable under the concept of premises liability.

As reported by The Los Angeles Times, a recent decision concerning amusement park rides by the California Supreme Court provides a good example. The court ruled that riders of bumper cars and similar attractions couldn’t sue for injuries due to risks that are inherent to the rides. “Those who voluntarily join in these activities also voluntarily take on their minor inherent risks,” stated the majority opinion. The ruling is similar to that governing sports participation, which is also said to come with inherent risk.

In order to have a legitimate liability claim, it’s necessary to establish negligence on the part of the property owner. In the case of an amusement park, for example, if the owner fails to properly maintain the equipment, or the operators of a ride were careless or improperly trained, there could be a case for negligence.

Generally, negligence can involve unsafe conditions such as:

  • Dangerous surfaces (broken stairs, uneven walkways, wet floors without warning signs, etc.)
  • Defective lighting
  • Other hazardous conditions
  • Negligent security

Craig, Kelley & Faultless LLC will help you evaluate your liability claim and determine what compensation you may be entitled to receive. The sooner you get an experienced and competent attorney involved, the better.