Premises Liability

Owning property is part of the American dream. The American dream can quickly become a nightmare when someone fails to responsibly maintain his or her property, and as a result, someone is injured. Negligence on the part of a property owner can cause serious injury, and in worst case scenarios, death. The lawyers at Corsiglia McMahon & Allard, L.L.P. are prepared to defend you or a loved one in the event that an injury has resulted from a property owner's negligence.

Negligence is a term that has a specific legal definition. Negligence, as defined by California law, is an act or failure to act when you owe a duty to another individual. In order for you to prevail in a premises liability suit, you must be able to demonstrate:

1. That the defendant had a duty
   
   • duty to act or a duty to refrain from an act
2. The defendant breached his or her duty
3. The defendant's breach of duty caused the plaintiff (you) injury
4. The defendant's actions were the proximate cause of the injuries
5. The defendant suffered legally recognized damages

For example, a store owner instructs his employee to mop the floor before the store opens. The employee mops the floor, leaving it shiny, clean, and wet. Yet neither the employee nor store owner puts up a "wet floor" sign. A customer walking down the aisle slips, falls, and breaks his or her wrist. The store owner had a duty to maintain a safe store for his or her customers. The store owner breached that duty when he or she failed to warn customers about the wet floor. As a result of the failed warning, the customer slipped and fell. It was the failure of the store owner to warn his or her customer that caused the customer to fall and be injured. The broken wrist is going to need medical attention that will cost money, thus giving that client a legally recognizable injury.

Proximate cause is a legal term that describes the cause of an injury. Proximate cause is like a chain linking the letter A to the letter Z. The letter A being the negligent act or non-action by the defendant and the letter Z being your injury. If you are able to prove that there are no breaks in the chain from the action or inaction of the defendant to your injury, you have proven that the defendant's actions were the proximate cause of your injury. It takes an experienced and thoughtful attorney to successfully maintain the integrity of the chain of causation in your case. The attorneys at Corsiglia McMahon & Allard, L.L.P. have over 20 years of experience advocating for clients injured by the negligence of a property owner.

You have two years from the date of your injury to file your claim. It is in your best interest to file the claim as close to the time of your injury as possible to ensure that the facts and evidence surrounding your case are unaltered. Contact us at (408) 289-1417 to schedule your consultation today.