The basics of California’s premises liability law is clear: A property owner owes other individuals the duty of taking reasonable steps to make sure the property is in a safe condition for those guests. This usually means that the property owner should make a regular and reasonably-detailed inspection of their property in order to uncover any potentially dangerous conditions present.

Typical Limitations on the Property Owner’s Duty of Care

In states other than California, a property owner’s liability for the injuries that occur to others on his or her property is limited in two regards. First, the property owner is usually not liable for injuries that occur to trespassers and others who are not legally entitled to be on the property. For example, a trespasser who jumps a property owner’s fence and hurts him- or herself on a slippery floor in the owner’s building will not have a cause of action against the property owner.

Secondly, the property owner need only take reasonable measures to either warn guests about the dangerous condition or to correct the condition. The operative word here is “reasonable”: depending on the nature of the dangerous condition, its obviousness, and the cost to repair it are but a few of the factors that will dictate whether the dangerous condition must be corrected or whether warning signs will suffice.

Neither of these limitations are implicated where the property owner’s property includes an “attractive nuisance.” An “attractive nuisance” is a condition or feature that is likely to attract the attention of children and, by virtue of their curiosity, lure them onto the property and near the feature. Typical attractive nuisances include caves, pools, and ponds.

“Attractive Nuisances” Increase the Owner’s Duty of Care

For about the past 50 years, California has turned away from traditional “attractive nuisance” doctrine as well as any meaningful differentiation between lawfully-present guests and trespassers. In California, the nature of the dangerous condition (and whether it would qualify as an “attractive nuisance” in another jurisdiction) and the legal status of the person on the owner’s property are just two factors the court examines when determining what “reasonable” steps the property owner needed to take in the situation. A property owner in California can be responsible for damages even if a trespasser was injured on the owner’s property (in some situations). Likewise, an “attractive nuisance” or other highly-dangerous condition may require more action from the property owner, even if the person injured was an adult.

Contact Your Riverside Premise Liability Attorney Today

If you or your child are injured while on the property of another, have the experienced Riverside premises liability and attractive nuisance attorneys of Heiting & Irwin evaluate your case. Where a property owner failed to take reasonable measures to protect you or your child from harm, that property owner may be responsible for your injuries and losses. Contact Heiting & Irwin, personal injury lawyers in Riverside California, today to discuss your case @ (951) 682-6400.

If you have been involved in a car accident in the San Bernardino area, you may have to sue the other driver who hit you in order to recover for your injuries. When you do this though, it is more likely than not that the money you end up collecting will come from his or her insurance company rather the driver. Insurance companies tend to represent drivers involved in accidents, hiring them lawyers who zealously represent the insurance company’s interests in the case. This usually means that the insurance company’s attorneys end up making the case go away quickly and quietly, either by aggressively defending the at-fault driver or settling for a low amount.

 Insurance Companies Are On Their Own Side – Insurance companies will do whatever it takes to prevent having to payout more than they have to. After all, they are for profit companies. They exist to make money and insuring people is the way that they do it. Therefore when one of their drivers is involved in a car accident there is a strong financial incentive to minimize the amount of money that they will have to pay out and they achieve this through a number of ways.

 Whatever It Takes – Blaming the victim is a common tactic employed by insurance companies in order to minimize their own financial liability. California is what is called a ‘pure’ comparative negligence state. This means that the plaintiff will still recover damages after his or her percentage of fault has been deducted from the final award in a case, even if the plaintiff was 99 percent at fault for the accident. Insurance companies will argue often successfully that the accident the plaintiff was involved in was actually the fault of the plaintiff, seeking to reduce the amount that they will eventually have to pay.

Most insurance companies also use their powerful position and large amount of financial resources to advantage when it comes to negotiating a settlement agreement. It is not uncommon for an insurance company to stall out a claim or legal proceedings against it by continuing its investigation when processing a claim or drawing out litigation when it is sued. People who have been injured in car accidents need money immediately to pay medical bills and that is a fact that they know and exploit.

Rancho Cucamonga, San Bernardino County Personal Injury Attorneys Who Know How To Handle Insurance Companies – Everyday people do not spend all of their time handling car accident claims for injuries but insurance companies and their lawyers do. Attempting to take on an insurance company in order to recover for your injuries can often be like trying to get water from a stone. Therefore it is important to consult with a personal injury attorney experienced with dealing and negotiating with insurance companies and their legal counsel.

The attorneys at the Law Offices of Justin King can help guide you through your personal injury claim, including negotiating with insurance companies and if necessary representing your interests in court against them. Contact them today at (909) 297-5001 for a free confidential initial consultation.