Burden of Proof in a Civil Case (Generally)

In general, in the State of California, specifically, regarding a civil case, the burden of proof is on the plaintiff, plaintiffs, claimant, claimants, etc. to prove his or her or their case(s) by way of a preponderance of the evidence. 

Burden of Proof in a Premises Liability Personal Injury Case

In general, in the State of California, specifically, regarding a premises liability case, the burden of proof is on the plaintiff, plaintiffs, claimant, claimants, etc. to prove his or her or their case(s) by way of a preponderance of the evidence by way of showing clear liability on the part of the defendant, defendants, supposed at fault party, supposed at fault parties, etc. 

In addition, in a premises liability case, where a bodily injury or bodily injuries is or are involved, the plaintiff, plaintiffs, claimant, claimants, etc. must clearly provide evidence to the defendant, defendants, supposed at fault party, supposed at fault parties, etc. of the following in order to establish that the defendant, defendants, supposed at fault party, supposed at fault parties, etc. is or are liable: 

  1. There was a dangerous (unreasonable) condition or there were dangerous (unreasonable) conditions on the premises; and 
  1. Prior to the incident occurring (for example, a slip and fall, trip and fall, etc.), the defendant, defendants, supposed at fault party, supposed at fault parties, etc. had actual notice or constructive notice of the dangerous (unreasonable) condition or dangerous (unreasonable) conditions on the premises prior to the incident occurring (for example, a slip and fall, trip and fall, etc.). 
  1. This second (2nd) prong is extremely fact sensitive. 
  1. This second (2nd) prong is the most difficult prong to prove. 
  1. This second (2nd) prong requires solid, clear, irrefutable, indisputable evidence.

The successful fulfilling and satisfaction of the aforementioned prongs requires the plaintiff, plaintiffs, claimant, claimants, etc. to hire a licensed California Personal Injury Attorney to represent him, her, or them due to the very difficult nature of premises liability cases in the State of California. 

If the plaintiff, plaintiffs, claimant, claimants, etc. can fulfill and satisfy successfully the aforementioned prongs, the next set of questions are (1) What is the monetary value of the case?;  and (2) What is the timetable for the case to be resolved? 

The monetary value of the case

Although the following answer is not an answer that potential premises liability/personal injury clients would like to hear, in my opinion, based upon my previous experience and my current experience, the following answer is the truth: it depends; there is no way to put a monetary value on a potential premises liability/personal injury case right off the hop; there are an abundance of factors to analyze, assess, and evaluate before the potential monetary value of a car accident/personal injury case can be ascertained. 

What factors are analyzed, assessed, and evaluated in determining the potential monetary value of a premises liability/personal injury case? Medical monetary damages (present) (perhaps one may need future medical services and/or medical treatment; as a result, future medical monetary damages may be at issue); Lost wages/Loss of Earnings; Emotional Distress, Pain and Suffering, Mental Anguish, and other General Damages; fault/liability; amid other factors. 

Timetable for the case to be resolved

Just like the above inquiry, it depends; amid other things, it depends on what bodily injury or what bodily injuries was suffered or were suffered; each person is built and developed differently (from a physical standpoint). On the one hand, one person may make a full and complete recovery in a certain amount of time; on the other hand, another person may never make a full and complete recovery. No two (2) human beings are the same. Everybody is different. 

At the end of the day, when it is all said and done, the time that a premises liability/personal injury case depends upon many things, one of which is the individual or individuals who suffered a bodily injury or bodily injuries and how long it takes for him, her, or them to heal (if applicable) and/or finish visiting, seeking, and/or receiving medical services and/or medical treatment. 

Unfortunately, the defendant, defendants, supposed at fault party, supposed at fault parties, etc. is or are not in business to have your best interest(s) at mind and at heart. He, she, or they is or are not your friends. 

When potential premises liability/personal injury clients deal with the defendant, defendants, supposed at fault party, supposed at fault parties, etc. by themselves, potential car accident/personal injury clients usually get railroaded because potential premises liability/personal injury clients trust that the defendant, defendants, supposed at fault party, supposed at fault parties, etc. do have potential car accident/personal injury clients’ best interest(s) at mind and at heart. The goal of defendant, defendants, supposed at fault party, supposed at fault parties, etc. is to suppress its fault/liability as much as possible so that they only have to pay you as little as possible. 

In addition, potential premises liability/personal injury clients have to reimburse a health care practitioner or health care practitioners and/or a health insurance carrier or health insurance carriers for services and/or treatment that was or that were rendered (and, perhaps paid for) as a result of a premises liability incident resulting in bodily injury. That medical bill or those medical pays will not pay itself or pay themselves. 

A licensed California Premises Liability/Personal Injury Attorney can help potential car accident/personal injury clients in dealing with the defendant, defendants, supposed at fault party, supposed at fault parties, etc. In addition, a licensed California Personal Injury Attorney can help potential premises liability/personal injury clients in reducing a medical bill or medical bills.

A licensed California Premises Liability/Personal Injury Attorney will be your biggest advocate for you from a legal standpoint. A licensed California Premises Liability/Personal Injury Attorney will be your biggest advocate from a personal standpoint by way of encouraging you to just focus on you seeking and receiving the best medical services and/or the best medical treatment that you absolutely need. 

A licensed California Premises Liability/Personal Injury Attorney is a potential premises liability/personal injury client’s absolute best opportunity at success in a premises liability case whereby bodily injury is involved.