Understanding the Premises Liability Laws
Owning a property isn’t the only thing; the owner should also make sure that his/her property isn’t hazardous or harmful to the people. If you’ve been injured in an accident on someone else’s property, then you could be entitled to file a claim against the owner of that property. The landowners must take steps to make sure their grounds are safe and free from hazards.
A premises liability action, which is also known as a slip and fall accident, is like other careless actions, in that you, as the plaintiff, are required to establish the defendant had the duty of care. And if that duty is was breached, then it’ll typically result in your injuries. Although it is hardly uncommon for many people to think of a common slip and fall accident when thinking about premises liability, various scenarios can result in a premises liability claim.
You’ve been in an accident on someone’s property due to a slip and fall accident or any other accident; then you need to worry not, as our premises liability lawyers in Los Angeles will hear every detail of your case and will make sure that receive the compensation you rightly deserve.
The law explained
Under the California Civil Code Section 1714(a), a person is accountable not only for a willful act which causes injury to another person but also for the lack of skill in managing property or taking its care. This means every property owner is required to make sure that their property is free from all sorts of hazards. Failure to do so could result in owner liability.
Possible Damages in a Premises Liability case
If you were injured on private or public property, primarily due to the negligence of another person, you might be entitled to proceed with a California premise liability claim. But your compensation will typically depend on the circumstances that surround your accident. However, you may be entitled to one or more of the following.
· All medical expenses, which includes hospital, rehabilitative and doctor expenses, as well as expenses for most prescription drugs and any medical item which is required such as wheelchairs, crutches
· Loss of future income
· Lost wages
· Emotional distress
· Pain and suffering
· Punitive damages
· Damage to physical property
Status of a Visitor and Its Effect on Premises Liability Law
The Los Angeles Premises Liability Law is a bit complex as there are different categories of visitors that could affect your premises liability claim. Those categories include:
People who have been invited to enter a premise for a legitimate purpose. The act of entering that property establishes a duty on the part of the landowner to use reasonable care in keeping the premises safe. The invitation could of different types; it could simply be “Come in” or might have been inferred or implied as a result of the landowner’s conduct. Most contractors are usually considered invitees.
People with no contractual relationship with the landowner are called licensees. They nonetheless have either implicit or express permission to enter the premises. A social guest at your residence could be considered as a license. However, in this case, the landowner is generally responsible for wanton or willful injuries.
Surprisingly even trespassers are owed a certain duty of care. A person who enters another person’s property with neither express nor explicit permission of the owner, for his/her benefit, is called a trespasser. Most landowners might not prepare traps or hazards for trespasses to cause them harm, and once aware of the trespasser’s presence, they must exercise care to avoid hurting the trespasser.
California Statute of Limits for Premises Liability Claims
Under the California Code of Civil Procedures 335.1, if you were hurt or injured on the property of another person, due to their negligence, you only have two years, under the California statute of limitations, to file a lawsuit for damages and compensation.
Given this relatively short period, it is definitely in your best interests to consult an experienced Los Angeles premises liability attorney, and if you’re having trouble in finding one, then you’ve come to the right place as our premises liability attorneys are seasoned and well versed when it comes to premises liability claims.