There is a reasonable expectation of safety that should be met whenever you enter somebody’s home or a place of business. If a business or property owner fails to meet that expectation, they could be found liable for any injury you sustain while legally on their property. Premises liability claims happen all the time, as some property owners do not maintain a safe environment. Knowing the average premises liability settlement in California could influence your decision to pursue legal action.
What Is the Average Premises Liability Settlement in California?
There is no official average premises liability settlement in California. Every premises liability case is different, as are the circumstances surrounding each case. Since every case is unique, every settlement will be different as well, as you’ll have to factor in a number of significant elements that will reflect the details of the case at hand. Some of those factors include:
- The severity of your injury
- The evidence that proves negligent behavior on behalf of the defendant, as well as how it caused your damages
- Your lawyer’s negotiation skills and trial experience
- Both parties’ willingness to compromise
- Loss of income
- Emotional distress
- The defendant’s insurance company
Ultimately, a larger settlement should be the result of more significant damages.
Premises Liability Cases
In California, every property and business owner is required to keep their home or business reasonably safe for lawful visitors and customers by ensuring that there are no obvious or avoidable hazards that could injure them.
This law does not apply to trespassers or intruders, as they are not on the property legally. Trespassers and intruders have no legal grounds to make a premises liability claim, and pursuing such a claim could get them arrested for trespassing instead of a hefty settlement.
If a property owner is notified of a potential hazard and does nothing to fix the hazard, they could be found liable if someone is then injured by that hazard. The property owner can either fix the hazard themselves, hire someone to fix it, post a warning sign while they figure out what to do about it, or tell visitors about the hazard and urge them to avoid it.
Common Premises Liability Cases
Any injury sustained on someone else’s property has the potential to become a premises liability claim if the right circumstances are met. Some types of injuries are more common than others. Here are just a couple of these injuries:
- Slip and Fall: One of the most common types of premises liability cases is a basic slip and fall. If you are walking around someone’s place of business and slip on a wet floor that was not cleaned up and had no visible warning sign around it, you may have grounds for a premises liability claim.A slip and fall can happen because of a wet floor, a broken staircase, a divot in the ground, random tripping hazards, or poor visibility from broken lights. After slipping and falling, you may suffer sprains, broken bones, traumatic brain injuries, or back injuries. It is the property owner’s obligation to keep the floors clear from hazards.
- Animal Bites: If a pet bites someone, they may have grounds for a premises liability case, as the law largely considers pets a part of their owner’s property. A pet that attacks visitors without provocation can be viewed as a hazard, and the pet owner will likely be held liable for any injury someone sustains from that animal. Animal bites could cause scarring, disfigurement, lacerations, and soft tissue injuries.
FAQs
Q: How Much Is the Average Premises Liability Settlement in California?
A: There is no official average premises liability settlement in California. A settlement amount will reflect the details of the case, as well as multiple factors unique to it. Some of those factors include the seriousness of your injury, whether your earning capacity is reduced, the willingness of both parties to reach a compromise, the evidence gathered by your attorney, and the extent of your current and future medical bills.
Q: How Much Do Lawyers Take From Most Premises Liability Settlements?
A: The amount lawyers take from a premises liability settlement can vary somewhat. Most personal injury lawyers operate on a contingency fee basis. Therefore, they only collect payment if they achieve compensation or a settlement on their client’s behalf. If successful, they’ll take a pre-established percentage from the plaintiff’s settlement. With this payment structure, the financial burden on plaintiffs is reduced.
Q: How Is Pain and Suffering Calculated in California?
A: Pain and suffering in California is calculated largely in two distinct ways. There is the Multiplier Formula, which totals the economic costs of the victim’s injuries and multiplies the total amount by a multiplier ranging from 1.5 to five, depending on how serious the injuries are. Then, there is the Per Diem Method, which assigns a specific dollar amount to every day of suffering and multiplies it by the amount of days of suffering to come.
Q: What Are Premises Liability Damages in California?
A: Premises liability damages in California can include any damages the victim suffered as a result of their accident. These can include reimbursement of medical bills, long-term treatment costs, lost wages, pain and suffering, and even lost earning power. Your attorney can help you receive total compensation for everything your injury has cost you as a result of the defendant’s actions.
Contact a Premises Liability Lawyer From Easton & Easton
You should never have to suffer because of someone else’s negligent behavior, especially if you went to their home or business in good faith. Property owners have a legal and moral obligation to make sure their property is hazard-free and safe for all legal visitors. Otherwise, they risk liability for any injuries.
If you have been injured on someone else’s property, you may be eligible to receive compensation. An experienced premises liability lawyer can help you take the next steps. At Easton & Easton, we are determined to help you prove that negligent behavior caused your accident. Contact us to discuss your premises liability case today.
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