Burlingame, CA Personal Injury Blog

Wednesday, January 21, 2015

Premises Liability - If it is their property is it their fault?

 Premises Liability Lawyer Serving Slip and Fall Victims in Burlingame and San Francisco Bay

At Shapiro Legal Group, we receive many calls and emails from people who are injured because they fell while on someone else's property.  There is no limit to the types of places we hear about from supermarkets, hotels, sidewalks, apartment complexes, even jail.  It is a classic joke that when an auto accident occurs both drivers are sure it is the other person's fault.  After all, a vast majority of drivers think they are above average.  But in reality the general public has a good understanding who is at fault in an auto collision.  This is because driving is governed by the rules of the road.  Most accidents occur because someone didn't follow the rules.  While the evidence available may not be sufficient to determine who is at fault, it is very rare to have every fact known but be unable to determine liability.

The public's general understanding regarding premises liability is usually not consistent with the law.  There are many people whose view is either too harsh or too lax towards the property owner.  For example, we hear from many people who think if they get hurt on someone else's property then that owner is responsible.  It doesn't matter if there was a dangerous condition on the property.  In fact it doesn't matter if there was anything wrong with the property at all.  Some people think the property owner is strictly liable, legally responsible without fault, simply because they own the location where the injury occurs.  This is certainly not the case.

Other people blame the injured person no matter what hazard they confronted.  "You should have watched where you were going" is a common refrain ignoring the responsibility by law which a property owner has to use reasonable care not to subject visitors to unreasonable risks of harm.  No matter how dangerous the condition an excuse can always be found for the property owner, even one who knew about the hazard and did nothing.

If you or a loved one is injured on someone else's property the best thing to do is call Shapiro Legal Group for a free evaluation.  If we don't think you have a case we will tell you.  If we take your case we will fight on your behalf to hold a property owner who is truly negligent liable for your damages.       


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