With Halloween just around the corner, many residents of the San Fernando Valley are preparing for trick-or-treaters of all ages. While Halloween is supposed to be a fun, accident-free holiday, injuries can and do happen. For example, trick-or-treating can wrong can lead to potential liability if the child is injured while on your property. Read on to learn more about how to protect yourself and your family from a premises liability lawsuit this Halloween.
In California, home premises liability law generally refers to injuries that occur as a result of unsafe conditions on that person’s property (i.e. yours). A few well-known types of premises liability include accidents involving slip and falls or trip and falls, swimming pools, fires, broken glass, and dog attacks. It is important to also note that negligent premises conditions can exist in just about every type of building (homes, apartment complexes, farms, and other open land spaces). Is your property safe from a potential slip and fall or dog bite lawsuit?
Cause of Action for Negligence
As in any other negligence action (car accident, dog bite, bike accident), the injured person must establish the following: (1) the existence of a duty on the part of the defendant to use due care; (2) a breach of this legal duty; and (3) the breach as the proximate or legal cause of the resulting injury. This is where the experience and skill of a knowledgeable personal injury attorney will be invaluable.
Landowners in the San Fernando Valley have a legal duty to use reasonable care to keep their property safe from dangerous conditions. If you were injured in an apartment complex occupied by renters, do not despair. A tenant or property manager may also be responsible for maintaining the premises in a safe condition and could be liable for injuries that occur on the property.
Who is Liable?
In order to determine who is at fault for the unsafe conditions, California courts generally attempt to determine who has the ‘right to control’ the premises where the accident occurs. This means that a property owner who invites kids to trick or treat at their front door by handing out candy must do a reasonable job of protecting the children from preventable foreseeable injuries. This could include protecting children against a vicious dog.
Halloween can be a frightening time. Protect yourself and your family. If you or your child is injured while trick or treating as a result of the negligence of someone else, contact an experienced personal injury attorney in the Valley to discuss your legal rights.
For more information about the the types of financial recovery associated with this type of lawsuit, or to discuss your potential claim, contact attorney Barry P. Goldberg today.
