Premises Liability Attorneys in Los Angeles

Premises Attorneys: Understanding Your Rights

Accidents can happen anywhere, even when you’re simply going about your day. Imagine walking through a grocery store, only for your foot to catch on a loose floorboard, causing you to trip and twist your ankle. In this situation, who is responsible? Could the grocery store owner be held liable for your injury? Or perhaps the staff? These are common questions surrounding personal injuries caused by unsafe conditions on someone else’s property.

Slip-and-fall accidents like this occur frequently. In fact, around 1 million people end up in emergency rooms each year due to slip-and-fall incidents. What’s even more surprising is that many of these victims are unaware they may be entitled to compensation for their injuries. In many cases, injured individuals can file a claim and potentially recover damages for their pain, medical bills, and lost wages.

What is Premises Liability?

Premises liability refers to the legal responsibility a property owner or occupier has when someone is injured on their property due to unsafe or hazardous conditions. Whether it’s a grocery store, an office building, or even a private home, if the property owner failed to maintain safe conditions, they may be held accountable for any resulting injuries.

Q: Can you sue a store or business for a slip-and-fall accident?

A: Yes, under premises liability law, if you can prove that the business was negligent in maintaining safe conditions, you can potentially sue the store owner or property manager for damages. To establish a claim, it must be shown that the property owner knew or should have known about the hazardous condition and failed to take reasonable steps to fix it.

Common Examples of Premises Liability Cases

Premises liability covers a wide range of accidents beyond just slip-and-falls. These include:

• Inadequate security: If you are injured in an assault due to a lack of proper security measures at a business or apartment complex.
• Defective stairways or handrails: When structural elements of a building, such as stairs or railings, are poorly maintained and lead to injury.
• Poor lighting: Dim or broken lighting in parking lots or hallways can cause accidents or even contribute to criminal activity.

Each case depends on specific details, but the key factor is proving that the property owner’s negligence directly led to the injury.

How Often Do Premises Liability Accidents Happen?

According to a report by ABC7.com, slip-and-fall accidents alone are responsible for over 9 million hospital visits each year in the U.S. These accidents can occur in a variety of public and private spaces, ranging from grocery stores to hotels and even your neighbor’s driveway. With statistics like this, it’s important to be aware of your legal rights if you suffer an injury on someone else’s property.

Do You Need a Premises Liability Attorney?

If you’ve been injured on someone else’s property, it’s crucial to consult with a premises liability attorney. An experienced lawyer can help assess your case, gather evidence, and fight for the compensation you deserve. Many injury victims struggle with costly medical bills and lost income while recovering, and a successful premises liability claim can help ease that financial burden.

Premises Liability Examples

• Dog bites: when a victim is attacked by defendant’s dog, the victim could bring a legal claim against the dog owner 
• Swimming pool accidents: when a child drowns in a hotel swimming pool that has not been gated properly
• Water damage: when a tenant sues the landlord for failure to maintain the water pipes, a water leak occurs, and water damage destroys the tenant’s personal property
• Slip and fall accidents: this occurs when a customer slips on objects on the floor in a store. The customer may have a legal claim against the store owner. 
• Construction site accidents: many are injured at construction sites when construction workers fail to put up a hazard sign and close the area. 
• Parking lots: the plaintiff who is robbed in a dimly lit parking lot may have a claim against the parking lot owner for failure to reasonably maintain the lit area.
• Falling trees: those who walk down the street and are injured by falling branches from landowner’s trees could have a potential premises liability claim against the landowner for failure to maintain their front yard in a reasonable manner.

If any of these circumstances apply to you, don’t hesitate to contact our attorneys for a free, no risk consultation today. Our attorneys will determine whether you have a valid legal claim. We have offices located in almost every major city in California and Nevada. Premises liability comes into play in a variety of circumstances, that is why it is important to hire a skilled Los Angeles premises liability attorney. We have a routine success rate getting compensation for our premises liability accident victims. 

Who Is Liable in California Premises Cases?

Premises liability in California can be a complex legal issue, but the general principle is that property owners or occupiers may be held responsible for injuries sustained on their property. To succeed in a premises liability claim, the injured party (plaintiff) must prove certain legal elements. These elements are specific to California law, though they may vary slightly in other states.

If you or a loved one has been injured on someone else’s property, understanding these legal elements is crucial. Failing to meet any of these conditions could result in your case being dismissed, making it essential to work with a qualified premises liability attorney.

Elements of Premises in California

To hold someone liable in a California premises liability case, the following elements must be proven:

1. The Defendant Owned or Controlled the Property

This is a critical factor in any premises liability case. In California, the defendant doesn’t have to be the property owner. Anyone who rents, leases, or occupies the property could be held liable. This broad interpretation means that tenants, property managers, or even employees could be responsible for accidents or injuries that occur on the property.

For instance, ABC7 News reported a case where a property management company was held liable for not properly maintaining a rental property, leading to significant injuries. This shows that responsibility can extend beyond landlords or property owners.

2. The Defendant Failed to Provide Reasonable Care (Negligence)

A key part of proving liability is showing that the defendant failed to act with ordinary care. This can include neglecting known hazards or ignoring previous complaints about dangerous conditions. The following factors are often considered when determining negligence:

• The dangerous nature of the hazard
• The length of time the hazard was known
• Prior incidents that could have put the defendant on notice
• Complaints made to the defendant about the hazard

For example, if a grocery store employee fails to clean a spill promptly, and a customer slips and falls, the store and its employees could be held liable for the injury. Fox11 has covered similar incidents involving grocery stores where plaintiffs successfully proved negligence.

3. The Plaintiff Was Injured Due to the Defendant’s Negligence

It is not enough to show that a hazard existed; the plaintiff must prove that the hazard directly caused their injury. In some cases, this can involve showing that the defendant’s negligence in maintaining the property led to the conditions that caused the injury.

For example, NBC LA once reported a case where a restaurant was held accountable for an unsafe staircase that caused a patron to fall, resulting in severe injuries. The court ruled in favor of the injured party because it was proven that the restaurant failed to provide ordinary care.

Can a Trespasser Sue for Premises Liability in California?

Surprisingly, even trespassers may have a legal claim in premises liability cases. Under California law, property owners owe a duty to maintain their property in a reasonably safe condition—even to trespassers. While this may seem counterintuitive, there are cases where landowners have been held liable for injuries to trespassers.

Frequently Asked Questions (FAQs)

Q: Can multiple people be held liable in a premises liability case?
A: Yes, multiple parties can be held responsible. For example, both a property owner and a property management company could be liable if negligence from both parties contributed to an unsafe condition.

Q: What kind of compensation can I expect from a premises liability case?
A: Compensation can vary but typically includes medical expenses, lost wages, pain and suffering, and in some cases, punitive damages. It’s crucial to consult an attorney to get a clearer picture based on your specific situation.

Q: How long do I have to file a premises liability lawsuit in California?
A: California’s statute of limitations for personal injury claims, including premises liability, is generally two years from the date of the injury.idered during trial, such as where the property is located, and what the defendant could have done to reduce the risk of causing injury.

Defendants in Premises Liability Lawsuits

• Store owners
• Store managers
• Hotel managers
• Restaurant owners
• Employees
• Corporations
• Property management companies
• Tenants
• Government entities (like metro bus) 
• Nightclub owners 
• Homeowners

What Compensation Can I Recover Under California Premises Liability?

If you’ve been injured on someone else’s property due to unsafe conditions, you may be entitled to compensation under California’s premises liability laws. Understanding what kind of damages you can recover is critical in ensuring you receive fair compensation for your losses. The amount of compensation varies depending on the specifics of each case. To get an accurate estimate, it’s best to consult with experienced premises liability attorneys who can assess your situation and guide you through the legal process.

Types of Compensation Available in a Premises Liability Claim

So, what compensation can you expect to recover? In general, premises liability claims in California allow victims to recover a variety of damages. These damages may include:

1. Medical Expenses
   One of the most significant forms of compensation involves covering the costs of medical treatment. This could include everything from immediate medical attention, hospital stays, surgeries, medications, and even long-term care like physical therapy. For example, a slip-and-fall accident could lead to severe injuries, requiring surgery and months of rehabilitation, all of which may be covered under your claim.
2. Pain and Suffering
   Beyond physical injuries, accident victims can also seek compensation for the pain and suffering they endure. This is a non-economic damage, meaning it covers the emotional and physical trauma that accompanies the injury. Courts often take into account how the injury has impacted your quality of life.
3. Lost Wages and Job Loss
   If your injury has forced you to take time off work or, in more severe cases, resulted in job loss or a permanent inability to work, you may be entitled to recover lost wages. This also includes any future loss of earnings if the injury prevents you from returning to your previous occupation.
4. Emotional Distress
   Suffering from an injury can have a lasting psychological impact. Victims may experience anxiety, depression, or PTSD following a traumatic accident. Emotional distress is often considered as part of a comprehensive claim, allowing victims to recover damages for their mental suffering.

Frequently Asked Questions About Premises Liability Compensation

Q: How do I prove that the property owner is responsible for my injury?
A: To successfully file a premises liability claim, you must prove that the property owner was negligent. This could involve showing that the owner knew—or should have known—about the dangerous condition and failed to take action to fix it or warn visitors.

Q: Are there any limits to the compensation I can receive?
A: Compensation limits may apply depending on the specifics of your case, but there are no caps on non-economic damages like pain and suffering in California for premises liability cases. Consulting with a premises liability lawyer is essential to understanding what you’re entitled to recover.

Damages Recovered by Premises Liability Lawyers

We understand that the injuries one sustains in a premises liability could be very severe, requiring thousands of dollars in medical bills, but our skilled premises liability attorneys may at least be able to help victims and their families get financial compensation for the damages they’ve suffered. Compensation in these cases can often cover damages such as:

Common Premises Liability Injuries

Premises liability accidents can lead to a huge variety of different injuries because of their many causes. These types of accidents may not be as common as car or bike accidents, but they can still have significant, lifelong consequences for victims and their families. These are some of the most common injuries suffered in premises liability cases:

• Broken bone injuries
• Traumatic brain injuries
• Burns
• Catastrophic injuries
• Electric shock
• Spinal cord injuries
• Nerve damage injuries
• Head injuries