How Filing a Premises Liability Case With Your Los Angeles Personal Injury Lawyer Works
Accidents can happen anywhere. Landowners and property owners are held to a strict standard to keep their guests safe at all times. Liability Case Anything that can cause accidents, such as wet floors, a faulty stairwell, a defect in the sidewalk, inadequate lighting, a broken gate, a defective lock, or inadequate security, can cause serious injuries.
If you have been injured on someone else’s property and you believe that their negligence caused the accident, then you have the right to pursue a premises liability case.
What is premises liability?
Premise liability cases are a subsection of personal injury law that aims to hold property owners accountable if someone was injured within their property due to their negligence.
Through the premises liability, owners can be held legally liable for serious injuries that occur on their property, especially if the injury results from a dangerous property condition.
If you have been injured in someone else’s property and you believe that the property owner should be held responsible for their lack of management, then it’s best if you hire an experienced injury attorney in L.A. to help you file a claim.
But how exactly do premises liability cases work?
Well, to explain it better, it’s best if you familiarize yourself with California’s premises liability laws. Property owners in California have a “duty of care” that they must follow in maintaining the safety of their customers, guests, or tenants.
Business owners, homeowners, and renters fall under the California laws of premises liability.
Property owners are expected by law to:
- Maintain their property;
- Inspect the property;
- Repair any potentially dangerous conditions; and/or
- Give adequate warning of any dangerous condition
If an accident occurs in their property and it was proven that they couldn’t practice their “duty of care,” then the property owners will be held liable for the victim’s injuries.
Victims are entitled to the following compensatory damages:
- Medical bills,
- Physical therapy,
- Continuing medical care,
- Lost wages,
- Lost earning capacity,
- Scarring or disfigurement, and
- Pain and suffering.
But how is liability determined?
In a premises liability lawsuit, the following factors must be present to prove that the owner is liable for the accident:
- An injury occurred.
- Hazardous conditions were present.
- The property owner was negligent in maintaining the property.
Your lawyer is usually responsible for this part. An injury attorney will gather medical records, photographs of the injury, eyewitness testimony, and pictures of the accident scene to serve as evidence.
Types of premises liability cases:
Many types of accidents can fall under premises liability, here are just a few examples:
- slip and fall cases
- snow and ice accidents
- inadequate maintenance of the premises
- defective conditions on the premises
- inadequate building security leading to injury or assault
- elevator and escalator accidents
- dog bites
- swimming pool accidents
- amusement park accidents
- water leaks or flooding, and
- toxic fumes or chemicals.
Premises liability can occur under the following scenarios:
Although slip-and-falls are the most common type of premises liability case, premises liability goes beyond slip-and-fall accidents.
As long as dangerous property conditions are present, a premises liability case can be filed against the owner regardless of how the accident occurred. Here are the following scenarios where premises liability accidents may arise:
- Lack of security – Property owners are responsible for maintaining the safety of their guests. This includes safety from criminal activity. To minimize the risk of criminals getting into their property, they must have a functioning security system. Lack of security can endanger the lives of their guests or tenants.
- Property construction – How often do you pass through a building that is under construction? Although walking through a construction site may not be a big deal, if the owner was unable to put visible warnings about the potential dangers in the area and someone else got injured because of their lack of warnings, then they can be held liable for the accident.
- Hidden electrical lines – When contractors are asked to work on a property, the owner should inform them of any risks that are not immediately apparent. This includes any electrical lines on the property that trees may obscure.
- Water injuries – Pool and other water facility owners have a responsibility to keep visitors safe. If a victim drowns or sustains serious injuries in or near a pool, the owner may be held liable.
How can an injury Attorney in LA help?
Throughout the course of your case, an attorney can answer your questions and provide you with peace of mind.
Your experienced injury attorney in LA can assist you by gathering the necessary evidence, interviewing any potential witnesses to the accident, negotiating with insurance companies. At the same time, you recover from your injuries and presenting your case to a jury if necessary.
Although many premises liability cases are settled out of court, you must select an equally skilled attorney at negotiating and litigating. They will examine police records to see if others have been injured in the same way, and if video surveillance is available, we will request and review it. Our expert will document any medical issues that require extensive rehabilitation or additional surgical procedures resulting from your injuries.