Premises Liability Lawyer Los Angeles

The highest duty of care is owed to the customers you serve. Fundamentally, a property owner has a sole duty to regularly inspect to ensure the maintained is in its highest compliance and safety. Once a danger is indicated, the property owner must fix the matter immediately and post warnings in the meantime.

Premises liability occurs when someone becomes injured while on the property of another, be it commercial or residential, and the owner of that property has failed to maintain a safe condition, and our premises liability lawyer in Los Angeles can help you when it happens. This level of care can vary depending on whether the visitor is customer, guest or trespasser. In the case of Rowland v. Christian (1968) 69 Cal.2d.108, it indicates, “The proper test to be applied to the liability of the possessor of land … is whether in the management of his property he has acted as a reasonable man in view of the probability of injury to others … .” Rowland v. Christian (1968) 69 Cal.2d 108

Therefore, if a dangerous condition exists on the property and the property owner and/or tenant knew or should have known about the condition in time to remedy the condition, they may be found negligent and responsible for the medical expenses and pain and suffering resulting from a slip and fall, trip and fall, assault and battery or other incident caused by the dangerous condition on the property.

Examples of Duties of Property Owner

  1. Security. There is also a duty to provide security, including proper lighting in parking lots.

  2. Guest at Home. A guest in a home is also owed a duty of care by the owner. Uneven stair steps need to be fixed to avoid slips and falls. 

  3. Dog Bites. Dog bites from one's dog must be prevented.

  4. Trespassers. Even trespassers are owed a duty of care.

  5. Homeowners. A homeowner must guard against swimming pool accidents by fencing off or covering pools to secure from neighboring children.

  6. Restaurant. A restaurant owner is obligated to make sure the floors are maintained. This is in addition to the safety of employees to be properly safe.
     

Personal Injury Due to Negligence

Most personal injury cases are based on negligence, and premises liability cases are no exception. In order to win a premises liability case, the injured person must prove that the property owner was negligent with respect to ownership and/or maintenance of the property. In general, negligence means that the property owner failed to use reasonable care in connection with the property.

It's imperative to note that simply because you were injured on someone’s property does not mean that the property owner was negligent. Further, simply because the property might have been in an unsafe condition does not automatically mean that the property owner was negligent. With the help of our experienced premises liability lawyers in Los Angeles, you have to show that the property owner knew or should reasonably have known that the premises were in an unsafe condition, and still failed to take proper steps to remedy the situation.

Slip and Fall Accident Statistics
Slip and Fall Injuries

  • More than 33,000 people died from falls in 2015.

  • The National Safety Council’s Odds of Dying list ranks falls as the 6th most likely cause of death, with the odds of dying as 1 in 127.

  • Falls are the most common cause of traumatic brain injuries.

  • Falls are the leading cause of non-fatal medically treated injuries in the U.S.

  • Each year, over 8 million emergency room visits are due to slips, trips, and falls.

  • Falls are the leading cause of injury-related death for adults age 65 and older.

 

Falls at Work
  • In 2016 there were 229,240 nonfatal cases involving falls, slips, trips, the lowest since 2014.

  • In 2016 there were 849 fatal work-related falls, slips, and trips (in all sectors), with an increase every year since 2011 with 681.

  • Services, wholesale, and retail trade industries account for 60 percent of slip and fall accidents.

  • At 25 percent, slip and fall injuries are the most frequently reported work accidents.

  • Falls are the primary cause of lost time at work.

  • 22 percent of falls result in more than 31 days of missed work.

 

Falls at Home

  • 50 percent of all accidental deaths at home are due to falls.

  • Most falls occur on the same level, not from elevation (e.g., a ladder).

  • Every year, 33 percent of people over the age of 65 will experience a fall.

  • Between 20 percent and 30 percent of people experience an injury after falling, including lacerations, hip fractures, or head traumas.
     

Different Types of Premises Liability Cases

Our premises liability lawyer in Los Angeles can proficiently handle many different types of personal injury cases can be classified as premises liability cases, including:

  • slip and fall cases

  • snow and ice accidents

  • inadequate maintenance of the premises

  • defective conditions on the premises

  • inadequate building security leading to injury or assault

  • elevator and escalator accidents

  • dog bites

  • swimming pool accidents

  • amusement park accidents

  • water leaks or flooding, and

  • toxic fumes or chemicals

 

As you can see, premises liability cases include a wide range of fact scenarios. Even dog bite cases fall under the umbrella of premises liability because they involve an unsafe condition on someone’s property (the presence of a potentially dangerous dog).

Common Liabilities Pertaining to Premises Liability

Some of the most common areas of premises liability include:

  1. Slip and Trip and Fall Claims. There can be any number of causes for someone to slip or trip and fall on commercial or residential property. It only takes one misstep to take a tumble and fall flat on your face or back, which can cause serious trauma. Common causes of slipping incidents include slick floor conditions from moisture or oily substances like grease or soap. When the coefficient of friction is such that your foot loses traction upon normal strides, you can go down and strike your head, neck, or back. Common tripping hazards can include merchandise that is misplaced and jutting out into aisles within a store, defective sidewalks and other walkways, stairs that are poorly constructed or maintained where steps are uneven or rails are missing or in disrepair.

  2. Assaults and Battery. Assaults and batteries, unfortunately, occur on and within commercial and residential properties. They can happen during a heated exchange in a night club or in a parking garage when a person is leaving work to go home. Serious beatings and even rapes occur in and around businesses where people expect to be safe and secure from such heinous activity. Whether a landlord, manager, property owner or lessee may be found either partially or fully liable for such events depends upon a myriad of factors including prior assaults or criminal activity in and around the area or structure, whether the battery was committed by an employee of the business (e.g. bouncers) , and any number of other facts that would provide prior notice of the potential for offensive touching to occur.

  3. Falling Objects. Objects falling down upon people and striking them in the head or knocking them to the ground happen frequently in all types of commercial and residential environments. Inventory can be stacked improperly (either too high or unevenly causing shifting) in retail stores, including big box stores like hardware, home and office supply retailers. Likewise, outdoor environments including homes can have trees that have not been properly trimmed causing branches to fall and crush people and property. Any time a heavy object falls prey to the forces of gravity due to negligence in the maintenance of the property, a claim may lie for resulting personal injury or death.

  4. Malfunctioning Equipment. We all expect to be safely transported between floors on elevators and escalators, but, unfortunately, glitches do occur causing drops, jerks and other jolts that may injure passengers. Likewise, areas under construction often have heavy equipment like cranes, bulldozers, road graders, and earthmovers. Sometimes these are negligently operated or simply go on the fritz and do not function properly and people are injured or killed.

  5. Parking Lot or Parking Structure Incidents. Parking lots and high rise parking structures should be areas where people are able to safely park a vehicle and enter a structure unharmed. Unfortunately, many people are maimed or die every year in and around these areas.

  6. Construction Sites. Areas under construction are notorious for causing bodily injury or death to persons attempting to travel through or near them. People fall in holes, get gouged by re-bar sticking out into a walkway, fall from high points with inadequate railing, are electrocuted by exposed wiring, or get hit by a person negligently operating heavy equipment

 

Importance of Hiring an Experienced California Premises Liability Attorney

The insurance companies are spending millions of dollars to defend these cases and are sparing no expense on attorneys’ fees to keep the number of liability awards to a minimum. If you are a victim in a premises liability case, you will need a premises liability lawyer in Los Angeles that is experienced in handling these types of cases. Our tough, smart and determined legal team will fight for your rights to get the compensation that you deserve. We will conduct site inspections, retain experts like engineers and take whatever measures are necessary to ensure that evidence is preserved and the claim is presented in such a way as to maximize recovery for present and future medical expenses, lost earnings, lost future wages, and the physical pain and emotional trauma caused by the incident. Our experienced Premises Liability Attorney in Los Angeles is here to help recover the maximum compensation for injuries sustained. More important you are charged no fees unless and until our Personal Injury attorney recovers money for you.

 

We Fight To Recover Your Remedies

Based on the specifications of your case - the details of the accident, how severe your injury was, it is ultimately going to determine what you could be entitled to sustain based on your case. However, what you can be compensated for with our premises liability lawyer in the Los Angeles team’s help if your case prevails can often be put into several different categories.

The categories of compensation can include:

Medical bills: Should you win your case, you could be awarded compensation for medical bills you’ve had to pay as a result of your injury. This includes both past and future bills stemming from the injury, and can potentially cover expenses such as transport or in-home rehabilitation services.

Lost wages: Lost wages can be awarded if your injury has caused significant missed time at work, or has made you unable to perform your job. You could be entitled to even more lost wages if the injury leaves you permanently disabled and unable to find consistent work.

Pain and suffering: In some cases, the damages endured from physical pain and emotional suffering can be compensated to pay for therapy treatments.

Punitive damages: Punitive damages are awarded in more extreme cases, wherein the injury was caused by someone’s recklessness. They are awarded to try and dissuade the defendant and others from acting with that level of recklessness again.

No Recovery. No Pay.

Contact a Los Angeles Personal Injury Lawyer to schedule a free, no-obligation initial case evaluation at 1-424-256-9055. Our Personal Injury Attorneys in Los Angeles will help protect your rights. And remember, You Don’t Pay until You Win, or You Don’t Pay At All!

Lawyer Referral Service

If you are in need of a Los Angeles Premises Liability Accident Lawyer to help you get appropriate compensation and medical care you deserve, you should contact a Premises Liability accident lawyer today. Our experienced Personal Injury lawyers in Los Angeles will help you overcome your Premises Liability Accident injury or damage.

If you have any questions about the information provided above, please contact Legal Leaf. Legal Leaf is a Lawyer Referral that can provide you with a Los Angeles Premises Liability Attorney or law firm. If you do have any questions about a texting attorney in the Los Angeles area, please contacts us for a free Lawyer Referral to a premises liability lawyer in Los Angeles.

 

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