In Los Angeles, you have the right to pursue compensation if you sustain an injury on someone else’s property. This is because of California’s premises liability laws. The type of property doesn’t matter. The injury can happen while you’re at the store, an apartment complex, or even your place of employment. If there are unsafe property conditions, negligent maintenance, or a lack of security, a routine visit to any place can quickly end in a life-changing event, and victims deserve compensation. Hire a Los Angeles premises liability lawyer from Dordick Law Corporation.
If you’re suffering from an injury that happened on someone else’s property due to their negligence, you deserve justice. You need a legal representative who understands California laws and can fight for the compensation you deserve in your personal injury lawsuit. At Dordick Law Corporation, we are experienced Los Angeles premises liability attorneys who knows what it takes to win when you need help with incidents like a slip-and-fall accident, a negligent security injury, or a dog bite from someone’s pet.
What Is Premises Liability?
Premises liability is a legal concept that means the property owner is responsible for keeping safe conditions on their premises. That means that if a visitor or tenant receives an injury because of unsafe property conditions, the owner may be liable for that injury. This can happen if a property owner fails to promptly fix a known hazard or warn their visitors that a hazardous condition exists. These kinds of cases often involve:
- Dangerous walkways
- Broken staircases
- Inadequate lighting
- Wet or slippery floors
- Lack of proper security measures
- Falling objects
- Cluttered hallways
- Structural failures
It doesn’t matter where these accidents take place. The property owner is responsible for keeping their property reasonably safe for invited visitors. This could be a shopper at a grocery store, someone using a public parking garage, or even a child swinging at a public park. Any injury on someone else’s property may give you grounds to file a premises liability lawsuit.
Common Types of Premises Liability Cases in Los Angeles
There are many types of premises liability cases, but a few of them seem to happen more often than others in Los Angeles. These include:
- Slip-and-fall accidents: These are fairly common all around the country. They happen when someone slips and falls and sustains an injury due to wet floors, loose carpeting, uneven pavement, or poor lighting.
- Negligent Security: Property owners are required to provide adequate security for their property where crime is prevalent. This usually applies to apartment complexes, hotels, and nightclubs. Proper security measures can prevent assault, robbery, and other crimes.
- Poor Maintenance: Cracked sidewalks, broken stairs, and faulty handrails cause many serious injuries. Property owners are required by law to maintain their property to prevent these injuries.
- Dog Bites: If a property owner has a pet that attacks a visitor, the owner can be held liable for the injuries the dog causes. This is especially true if the animal has a history of aggression. It may not be true in the event of trespassing.
- Toxic Substance Exposure: Many hazardous materials, including mold, asbestos, and lead paint, on a property can cause long-term health issues.
- Swimming Pool Accidents: A lack of fencing, supervision, or proper signage can result in drownings or serious injuries at a pool. Property owners are responsible for either repairing hazards on their property or warning visitors that they exist.
Ultimately, an injury can occur anywhere for any reason. If a property owner has not taken reasonable measures to prevent an injury, then they can be held liable for the injury you received on their premises.
Liability in Accidents on Someone Else’s Property
If you believe a property owner’s negligence caused your injury, your case hinges on whether or not you can prove liability. To hold a property owner liable, you or your premises liability attorney in Los Angeles must show:
- The property owner knew or should have known about the hazardous condition that caused your injury.
- The owner failed to address the hazard or warn you about it.
- Your injury would have been prevented if the owner had fixed or warned of the hazard.
In California, a legal term known as a duty of care applies to property owners. This means property owners are responsible for keeping safe conditions for customers and guests who are welcome and expected to be on their property. Trespassers don’t have the same kind of protections, but owners may still be liable for their injuries if they set traps or act with willful negligence.
California also uses a comparative negligence rule. This means that if the injured person shares some of the fault, their compensation may be reduced in proportion to the amount of fault they bear. This can happen if a customer is running through an aisle when they slip and fall at a grocery store or if they are texting while walking down a broken staircase.
Legal Rights After a Property Accident in Los Angeles
Knowing your rights in a premises liability case is essential when you’re hurt as a result of unsafe conditions. You may be eligible for:
- Medical expenses
- Lost wages
- Pain and suffering
- Future medical care
- Loss of earning capacity
The statute of limitations for premises liability injuries in California is generally two years from the date of the injury, with a few exceptions. Missing this deadline could result in the courts dismissing your case without hearing the details, so act quickly. To protect your claim, be sure to:
- Report the incident to the property owner.
- Seek medical attention.
- Photograph the scene, including your injuries.
- Collect witness statements.
- Contact a Los Angeles premises liability lawyer.
Filing a Personal Injury Claim or Premises Liability Lawsuit
The first legal step to fighting for compensation is to file an insurance claim for a property injury. However, insurance companies are not happy about paying out any claim, and they’ll attempt to downplay your injury and offer a low settlement. A skilled lawyer can change that. They’ll gather evidence, consult with experts, and handle the communications with insurers trying to strong-arm you into taking a lowball offer.
Having a lawyer fight on your behalf adds a few simple steps to the process that actually make it easier for you in the end. The legal steps a lawyer may take include:
- An initial consultation to review your case
- An investigation to gather evidence, including medical records and surveillance footage
- Any negotiations with the insurance company to demand fair compensation
- A trial for a premises liability lawsuit if fair compensation is not offered by the insurance company
Frequently Asked Questions
If you’re suffering from an injury due to a property owner’s negligence on their property, you’re not alone. You may have some of the same questions that many other victims have, such as:
Who is responsible for injuries on a commercial property?
In these situations, both commercial property owners and tenants can be held liable, depending on who was legally obligated to maintain the area where the injury occurred.
What if the property owner says I’m at fault?
California operates under a comparative negligence law, which means your percentage of fault may reduce your compensation. However, it does not completely bar you from receiving compensation.
What’s the deadline to file a premises liability claim?
In general, the statute of limitations in California allows you two years to file a claim. However, speak to your lawyer to determine whether you qualify for exceptions.
How much compensation can I recover in a premises liability claim?
Damages depend on the severity of your injury, medical costs, the income you have lost, and how the injury impacts your life. Your lawyer will assess the fair value of your claim.
An injury that occurs because of a hazard on someone else’s property can lead to life-changing consequences. Whether you think you’re at fault or not, you must seek a personal injury lawyer with experience in California law to help you fight for every penny you deserve.
Get Help from a Los Angeles Premises Liability Attorney
A court case can be complicated and overwhelming, and premises liability cases are no different. Our Los Angeles personal injury lawyers at Dordick Law Corporation will handle the legal matters for you. Our law firm will:
- Conduct a thorough investigation of the accident
- Determine the identity of all liable parties
- Handle negotiations with the insurance company
- Represent you in court if no settlement can be reached
- Meet all legal deadlines
With our team of attorneys, we have extensive experience and a long record of successful outcomes in the cases we take on. We understand the court system in California. We also understand the insurance companies and the tactics they will use to deny your claim, which allows us to counter their lowball offers well. Whether it’s a serious head injury from a slip-and-fall accident or emotional trauma from a violent crime on a poorly secured property, we will treat your case with the care it deserves.
We will represent you on a contingency fee basis. You don’t pay us a dime for our services unless we win your case. Contact us today at (310) 551-0949 for a free consultation and learn how we can help you get the justice you deserve.
