Premises Liability Attorneys
Premises injuries due to hazardous conditions or negligence are not uncommon. If you or a loved one have been injured on another’s property, get a free case evaluation from an experienced premises liability lawyer at Heidari Law Group today.
Imagine walking through a grocery store, your foot catches onto a loose floorboard, and you trip and twist your ankle. Who could be held liable? Could you sue the grocery store owner? Could you sue the grocery store staff? This is one of the most common types of personal injuries. Each year, around 1 million people go into emergency rooms because of a slip-and-fall incident. Many of those are not even aware that they could seek compensation for their injuries. Our slip and fall attorneys have drafted a brief overview around what type of legal claim a plaintiff could bring. For more detailed questions and answers, contact our attorneys today.
Another way to describe this type of situation in the legal field is called premises liability. Premises liability is a legal claim made for injuries caused on someone else’s property. Below are some examples of the most common premises liability legal claims:
- dog bites: when a plaintiff is attacked by defendant’s dog, plaintiff could bring a legal claim against the dog owner
- swimming pool accident: an example of this type of legal claim could be when a child drowns in a hotel swimming pool that has not been gated properly
- water damage: this usually occurs 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 accident: 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 sites: many are injured at construction sites when those working 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 or not you have a valid legal claim. We have offices located in almost every major city in California and Nevada.
California Premises Liability Law
In the state of California, the premises liability law is outlined in California Civil Code 1714. Essentially, in California, property owners have a responsibility to maintain the property in a reasonably safe condition. Property owners must act with ordinary care. Both homeowners (including landlords) and commercial property owners fall under this responsibility.
Legal claims for premises liability could range from negligence to strict liability. The negligence claim holds the landowner responsible for failing to act within a standard of care. A strict liability claim is a claim made against the landowner that holds them strictly responsible, regardless of the measures that they took to safeguard their property.
Because there are several different types of claims one could make against the landowner, it is important to hire an experienced premises liability lawyer in Los Angeles. With decades of experience, our attorneys will work to get the compensation you deserve. One who experiences injuries while on a landlord’s property may have a right to seek compensation for their injuries.
Who is liable under California premises liability laws?
In order to be liable under California premises law, certain elements must be met. These elements may differ depending on the state you are located in. Usually, the plaintiff must be able to prove all these elements in order to bring a claim against the defendant in court. If plaintiff fails to meet any of the elements, then defendant could potentially win. That is why choosing an experienced premises liability attorney is one of the important decisions a person could make. These elements include:
- defendant owned or possessed the property where the injury occurred
- This is a very important factor. Many clients hesitate when getting an attorney because the person that they are bringing a claim against is not the landlord. California does not require that the defendant be a landowner. Anybody who rents, leases, or occupies a property could be liable under premises liability. Each case varies, and defendants are better determined during a consultation.
- Another common misconception is that the defendant must be one person. The defendant could be multiple people, even a corporation. For example, a corporation that runs and maintains an apartment building could be held liable for any water damage caused by their failure to maintain the water pipes.
- Employees could also be held liable under premises liability. For example, if employees fail to maintain and clean the floor of the store, they could be held liable when a customer slips and falls on an object.
- defendant failed to provide ordinary care, and acted negligent
- Different ways to show negligence could include the known dangerousness of the hazard, the length of time that the defendant knew of the hazard, prior incidents that put defendant on notice of the hazard, complaints to the defendant regarding the hazard that put defendant on notice of the hazard and failure to mitigate the hazard.
- the plaintiff was injured because of defendant’s negligence in providing ordinary care
- California also imposes a duty onto landowners for trespassers to maintain the land in a reasonably safe condition. Although they initially enter the landowners land illegally, a trespasser may have a legal claim for premises liability against a landowner.
- the negligence caused plaintiff’s injury
Other factors may also be considered during trial, such as where the property is located, and what defendant could have done to reduce the risk of causing injury.
Examples of defendants in a premises liability lawsuit:
- store owners
- store managers
- Hotel managers
- restaurant owners
- property management companies
What compensation can I recover under California premises liability?
The amount of compensation differs based on each case. To better determine the amount of compensation you are qualified for, contact our attorneys today. Damages that the defendant may end up paying could include medical bills (such as medication and physical therapy), pain and suffering, job loss, emotional distress from the injuries, etc. For more information on how the plaintiff must prove the elements, and The different types of damages they can recover, please visit our page here.
Damages Recovered by Premises Liability Lawyers
A premises liability lawsuit may not be able to right the situation, but it may at least be able to help victims and their families get financial compensation for the damages they’ve suffered as a result. Compensation in these cases can often cover damages such as:
- Property damage
- Healthcare & medical bills
- Physical suffering
- Lost earning capacity & wages
- Punitive damages
- Emotional pain
Property Owner’s Duty of Care
All property owners have a general duty of care that must be upheld for visitors and other residents. When owners keep their property in relatively good condition, have records of proper maintenance, and can show a reasonable presentation of proper upkeep, it’s not difficult for their legal team to defend against a negligence claim in a premises liability case. But, when there are conditions of the property that are not being reasonably maintained and could create hazardous conditions, this can open the door for the element of negligence regarding the property owner’s duty of care to maintain a safe property.
If negligence is determined to have been involved in a premises liability case, then the most important aspect is the level of neglect that occurred. Shifting the blame onto the plaintiff is one of the key defense strategies that insurance companies use to deflect these types of personal injury claims, so determining the percentage of comparative negligence which led to the injury is an important factor in most premises liability cases involving insurance claims.
Four Elements of a Premises Liability Case
For a premises liability claim to hold up in a court of law, the plaintiff’s legal arguments must be able to prove 4 elements:
- The property owner or individual in question did have control or own the property where the injury occurred,
- The property owner was negligent in maintaining the property in a reasonably safe way,
- That an injury occurred on the owner’s property,
- That the owner’s negligence in maintaining the property contributed significantly to the injury or accident that caused the injury.
Whether the property was a government-run power plant where someone was shocked or a homeless shanty where a victim slipped and fell, all four of these elements must be proven in order for the injured victim to have a chance at recovering compensation for the damages they’ve suffered.
Situations that Commonly Lead to Premises Liability Injuries
A majority of premises liability injuries occur from one of the following situations. Without the proper maintenance or monitoring, each of these situations can open the door for an individual to be seriously injured on someone else’s property.
- Slip and falls. Missing “wet floor” signs in retail stores or hazardous walking conditions on sidewalks are common examples of dangerous property conditions which are often the result of a lack of proper maintenance.
- Trampoline injuries. Even with proper safety measures in place, someone may be able to sue the trampoline owner if they are injured while using the device on another’s property.
- Dog bites. When a dog attack occurs on someone’s property, the property owner and/or dog owner may be liable for the damages caused by the animal’s behavior. Dog bite victims who were unlawfully trespassing, attacked by a police dog, or who were partially at fault cannot hold someone else liable for their dog bite injury in California.
- Playground accidents. Playgrounds are one of the most common places where children suffer serious injuries. When a child suffers an injury on a playground because of the lack of proper maintenance or dangerous design flaws, they may be entitled to recover compensation from the playground owner for failing to maintain a safe playground for children.
- Swimming pool injuries. Swimming parties may be fun, but the owner of the pool could be held liable for any injuries that occur while swimmers are on their property. If someone slips on a wet surface or nearly drowns in someone else’s pool, then the pool owner may be liable for the damages.
- Missing stair railings. Without railings being installed on every stairway on a property, the property owner may be able to be held liable if someone is injured while using the stairs.
- Negligent security. For locations that require security detail to keep the area safe, a lack of security or negligent security team may leave the property owner liable for injuries suffered on the property.
- Falling objects. Objects that have not been properly secured, constructed, or designed which fall onto others may open the door for a premises liability lawsuit. These types of accidents are most common in construction and warehouse storage companies.
- Electrical failure or improper wiring. When an electrical fire is caused by negligent maintenance habits or bad wiring, the owner of the property may be held liable for any damages that the fire or bad wiring causes. Electrical lines that are hidden in trees commonly contribute to premises liability injuries when the property owner fails to inform visitors that the power line is there.
- Mildew or mold inhalation. Asbestos, also known as popcorn ceiling, inhalation is the most common example of this. When mold or mildew are left on a property and someone is injured as a result, the property owner may be liable for the damages caused by the inhalation of these elements.
- Violations of state or federal building codes. When buildings are not designed and built to be within the code of standard, a property owner may be liable if someone is injured on the property as a result.
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
- Catastrophic injuries
- Electric shock
- Spinal cord injuries
- Nerve damage injuries
- Head injuries
Contact a Premises Liability Attorney Who Can Help Today
Call us today to book a free consultation to determine whether your case qualifies as a premise liability case, and who is a potential defendant. We encourage you to contact our experienced Los Angeles premises liability attorneys. With decades of slip and fall experience, our attorneys at Heidari Law will work to strengthen your claim in trial. We have offices located in major cities that are easily accessible, such as, Los Angeles, Las Vegas, Fresno, Irvine, etc. . Call us at 1-833-225-5454 or fill out our contact form to get in touch with an attorney today.