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3 reasons why a premises liability claim can be dismissed

Serious injuries can be devastating for victims and their families. Not only are the injuries themselves painful, but recovery can be expensive, incredibly difficult and also quite painful. Because of this, it is often wise for people who suffer serious injuries as a result of someone else's negligence to examine their legal options for seeking compensation.

For instance, if you slipped and fell on someone else's property, you might want to consider filing a premises liability lawsuit. Beware, however, that these claims can be dismissed if certain elements are not in place.

In order for there to be grounds to file this type of claim in California, you must be able to prove that there existed a duty to maintain safe premises that was breached by the property owner. You must also have evidence that this negligence caused your injuries. 

With this in mind, there are a few common reasons why a premises liability claim can be dismissed early on.

  1. You were not legally permitted to be on the property. Under state laws, property owners do not have a duty to protect anyone trespassing, although there are exceptions.
  2. The property owner took reasonable measures to keep the premises safe. If a property owner regularly inspected the premises, made efforts to repair unsafe conditions or if he or she had no knowledge that a particular hazard existed, there may be no indication of negligence. 
  3. The property owner warned you about an unsafe condition. Putting up "wet floor" signs or otherwise notifying people of a potential hazard can typically shield a property owner from liability should an accident still occur.

These are not the only reasons a claim can fall short before a resolution is reached, but they are among the most common. 

All this is not to say that pursuing a premises liability claim is impossible or fruitless. Rather, it is a complicated process that has legal obstacles that must not be overlooked. This is why it can be so important to consult an attorney who can explain the process, discuss your options and help you understand how to craft a successful claim.

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