Los Angeles Premises Liability Law Firm

Understand Premises Liability Law to Fight for Your Rights and Compensation

Have you been hurt in a slip and fall, dog attack, or other incident on someone else’s property in Los Angeles? These accidents can leave you with unexpected medical bills, lost wages, and emotional distress. If the accident wasn’t your fault, you shouldn’t be responsible for these burdens. An experienced Los Angeles premises liability law firm can help you out!

When you go to someone else’s property, you expect it to be safe. The property owner and manager have a legal responsibility to ensure that accidents won’t happen. But sometimes, things slip through the cracks, and accidents happen to innocent people like you and me.

Key Summary:

Premises liability law in Los Angeles holds property owners accountable for maintaining safe conditions to prevent injuries. Whether it’s a slip and fall, dog bite, or other incidents, property owners can be held liable if unsafe conditions cause harm to visitors. This legal principle ensures that property owners uphold a duty of care to protect those on their premises from foreseeable risks.
Premises liability encompasses various scenarios where unsafe conditions lead to injuries. Common cases include slip and fall accidents due to wet floors or uneven surfaces, inadequate security resulting in assaults, and injuries caused by defective conditions like structural issues or faulty electrical wiring. Each type of case underscores the property owner’s responsibility to maintain a safe environment.
To succeed in a premises liability claim, plaintiffs must establish negligence by demonstrating four key elements: duty of care owed by the property owner, breach of that duty, causation linking the breach to the injury, and actual damages suffered. Proving negligence is crucial for recovering compensation for medical expenses, lost wages, pain and suffering, and other losses incurred due to the injury.
California’s pure comparative negligence rule affects compensation, reducing it in proportion to the plaintiff’s fault. Additionally, there’s a two-year statute of limitations for filing premises liability claims, starting from the date of injury or discovery.

What is Premises Liability?

Premises liability law holds property owners and occupiers legally responsible for maintaining safe conditions on their property to prevent injuries to visitors. If someone is injured due to unsafe conditions on the property, the owner or occupier can be held liable for the resulting damages.

What Standard of Care Does a Property Owner Owe Me?

California law requires property owners and occupiers to exercise reasonable care in maintaining their property to prevent harm to visitors. The duty of care varies depending on the visitor’s status:

Invitees: Individuals invited onto the property for business purposes (e.g., customers in a store). Property owners owe the highest duty of care to invitees, including regular inspections and prompt repairs of any hazardous conditions.
Licensees: Individuals who enter the property for social purposes with the owner’s permission (e.g., guests at a party). Property owners must warn licensees of any known dangers that are not obvious.
Trespassers: Individuals who enter the property without permission. Generally, property owners owe a minimal duty of care to trespassers, but they cannot willfully or recklessly cause harm. However, there is a higher duty of care if the trespasser is a child, especially if an appealing attraction, like a swimming pool, is present.

What Kind of Cases Fall Under Premises Liability?

The umbrella of premises liability covers a wide variety of incidents where individuals are injured due to hazardous conditions on someone else’s property. Here are some common types of premises liability cases:

Slip and Fall Accidents: These occur when someone slips, trips, or falls due to hazards like wet floors, uneven surfaces, or poorly maintained walkways. Property owners may be liable if they fail to address such hazards promptly, leading to injuries.
Inadequate Maintenance: Injuries happen when a property owner neglects proper maintenance, such as fixing broken stairs, faulty elevators, or securing loose carpets. This neglect can lead to dangerous conditions, causing accidents that harm visitors.
Defective Conditions: Unsafe conditions like exposed wiring, structural defects, or hazardous materials can cause injuries. Property owners are responsible for ensuring their premises are free from such dangers, and failure to do so can lead to liability for resulting injuries.
Inadequate Security: A property lacking proper security measures leads to injuries from criminal acts. Property owners may be liable if they fail to provide adequate security, such as proper lighting, security personnel, or surveillance, to protect visitors from foreseeable harm.
Dog Bites and Animal Attacks: Injuries caused by animals on the property, particularly if the owner knew or should have known the animal was dangerous. Owners are responsible for ensuring their pets or animals do not threaten visitors.
Swimming Pool Accidents: Incidents occur due to unsafe conditions around swimming pools, such as lack of proper fencing, supervision, or signage. Property owners must ensure their pools are secure and safe to prevent drownings or other injuries.
Toxic Fumes or Chemicals: Exposure to harmful substances like mold, asbestos, or chemicals can cause serious health issues. Property owners must manage and mitigate these risks to prevent exposure to tenants or visitors.
Fire Hazards: Injuries from fires due to lack of proper fire exits, smoke detectors, or fire extinguishers. Property owners are responsible for maintaining fire safety measures to protect occupants and visitors.
Elevator and Escalator Accidents: Malfunctions or poor maintenance of elevators and escalators lead to injuries. Property owners must regularly inspect and maintain these facilities to ensure they are safe to use.
Falling Objects: Injuries from objects falling due to improper storage or maintenance, such as items falling from shelves or building debris. Property owners are responsible for securing items to prevent such accidents.
Parking Lot Accidents: Incidents in parking lots, such as trips on uneven pavement or insufficient lighting, lead to falls or criminal acts. Property owners must maintain safe parking areas.

How Can I Prove Negligence If I Am Involved in a Premises Liability Accident?

The main crux of personal injury cases hinges on the concept of negligence. You need to prove that the property owner or the manager was negligent in maintaining their premises. Here are the elements you need to prove that:

Duty of care: The first step in proving negligence is establishing that the property owner or occupier owed a duty of care to the plaintiff. The duty of care varies depending on the plaintiff’s status on the property – invitees, licensees, or trespassers.
Breach of duty: Once the duty of care is established, the next step is to show that the property owner or occupier breached this duty. A breach occurs when the property owner fails to act as a reasonably prudent person would under similar circumstances.
Causation: You must prove that the property owner’s breach of duty directly caused their injury. That involves establishing both actual causation (the injury would not have occurred “but for”) and proximate causation (the injury was a foreseeable result of the property owner’s actions or inactions).
Damages: Finally, you must prove that you suffered actual damages from the injury. Damages can include medical expenses, lost wages, property damage, etc. To prove damages, you can present medical records, bills, employment records, expert testimony, etc.

Proving negligence in a premises liability claim in California is not easy. If you need help building a case, there’s no one better to help you than to reach out to a Los Angeles premises liability law firm.

What Kind of Damages Can I Recover in a Los Angeles Premises Liability Case?

If you have been injured due to the negligence of a property owner or occupier, you may be entitled to recover various types of damages. These damages are intended to compensate you for the losses and suffering you have endured from your injury. Here are the potential damages you can recover:

Medical Expenses: Costs related to medical treatment, such as hospital stays, surgeries, doctor visits, medications, physical therapy, and rehabilitation. It also includes any future medical care required due to the injury.
Lost Wages: Compensation for income lost due to the inability to work during your recovery period. That includes past and future lost wages if your ability to work is impaired long-term.
Loss of Earning Capacity: Long-term or permanent disability can affect your ability to earn income in the future. In this case, you may be compensated for the reduction in your earning capacity.
Property Damage: Costs to repair or replace personal property damaged or destroyed by the incident.
Pain and Suffering: Compensation for the physical pain and discomfort you have endured from your injury.
Emotional Distress: Damages for psychological effects such as anxiety, depression, fear, and trauma caused by the incident and your injury.
Loss of Enjoyment of Life: If your injury has significantly affected your ability to enjoy daily activities, hobbies, and other aspects of your life, you may be compensated for this loss.
Loss of Consortium: If your injury has adversely affected your relationship with your spouse or partner, they may be entitled to compensation for the loss of companionship, affection, and support.
Punitive Damages: In some cases, you may also be awarded punitive damages. These are not intended to compensate you for your losses but to punish the defendant for particularly reckless or egregious behavior and to deter similar conduct in the future.

What is Comparative Negligence and How Will It Affect My Potential Compensation?

Comparative negligence is a legal principle used to determine the degree of fault each party has in causing an accident and subsequently, how damages should be allocated. This principle plays a significant role in personal injury cases, including premises liability claims.

California follows the principle of pure comparative negligence. If you are partially at fault for your injuries, your compensation will be reduced by your percentage of fault. For example, if you were found to be 20% at fault and the total damages amount to $100,000, you would be entitled to $80,000.

Is There a Time Limit in Filing a Claim?

There is a time limit, known as the statute of limitations, for filing a premises liability claim. The statute of limitations specifies the maximum amount of time after an injury occurs within which a lawsuit must be filed. In California, the statute of limitations for premises liability cases is generally two years. You have two years from the date of the injury to file a lawsuit for premises liability in California.

It’s important to note a few key details about the statute of limitations:

Date of Discovery: The two-year time limit usually starts from the date of the injury. However, if the injury is not immediately apparent (such as in cases of toxic exposure), the clock may start from the date the injury is discovered or reasonably should have been discovered.
Exceptions: Certain exceptions can affect the statute of limitations, such as:
- Cases involving minors or persons with mental disability, where the statute of limitations may be extended.
- Cases against government entities typically have shorter notice requirements and different filing deadlines.

Why Do I Need a Premises Liability Attorney in California?

It can be challenging to choose to hire an attorney. After all, you have to consider the costs of attorney fees on top of the medical bills you’ll likely incur. However, skipping the attorney might even cost you more money.

Here are some of the benefits of hiring a Los Angeles premises liability lawyer:

We will make sure you understand what’s happening. It can be hard to figure out what to do after an accident. But we can make it simple for you so you can make the best choices for your case.
We will handle negotiations. You know how insurance companies are all about making money, right? They might try to pay you less than you deserve. But don’t worry, we’ll ensure you get a fair deal.
We will make sure you get the best medical care possible. We can help you get access to the best medical care you need. We will also work to secure compensation for your improved medical treatment.
We will make the process go as smoothly as possible. The faster you can get compensation, the faster you can focus on healing and moving forward.
We will help you go through court. Most personal injury cases are settled without needing to go to court. However, if it comes to it, we will represent you in court and prepare you for what to expect.

An experienced Los Angeles premises liability law firm can answer all your questions and help you find the best legal solution for your case. It can be daunting, but it’s the first step in achieving a more favorable outcome.

Call Our Los Angeles Premises Liability Law Firm Today!

If you’ve been injured due to unsafe conditions on someone else’s property, it’s essential to consult with a Los Angeles premises liability law firm without delay. Conlogue Law LLP is dedicated to helping you get back on your feet after a premises liability accident.

Conlogue Law LLP can help you to understand the law and your rights, as well as help you to negotiate a fair settlement with the insurance company. We’ve helped many Californians prevail in their premises liability claims, and we want to do the same for you.

If you need help discussing your premises liability claim or any personal injury cases such as product liability, playground accidents, or vehicular crashes, we are just a call away. Contact us today to schedule a free initial consultation!