Business owners and property owners alike have a duty to maintain reasonably safe standards for buildings that are accessible to those that live, work, and visit the premises. As maintaining building codes is pivotal to securing a healthy and successful place of business and/or living quarters for a long time, if there is any breach of duty from property owners then they could be held accountable for a variety of legal consequences. Meanwhile, if you or a loved one has suffered an injury due to a dangerous condition on someone’s property, you may be able to pursue legal action for your injuries.
At West Coast Trial Lawyers, our team of attorneys can help you establish liability to those responsible and ensure injury victims that they can get the compensation they need to recover from their injuries. We are a personal injury law firm that specializes in handling liability claims and our attorneys are confident that they get you the compensation you deserve.
We have recovered over $1.7 billion in financial compensation to our clients and we will continue to fight for their rights. Whether you have suffered injuries due to unsafe conditions in your working environment or were placed in a severe medical condition because of a negligent security guard, our liability attorneys will not rest until justice is served.
We run on a contingency-fee basis, meaning you pay no fees until you win. To schedule a FREE consultation, you can get in touch with us by calling us at (213) 927-3700 or by filling out our quick online contact form.
What Constitutes a Premises Liability Case?
A premises liability case is when a person seeks compensation for injuries that were derived from unsafe conditions on another person’s property. The safety hazards that hurt the individual must also be a foreseeable threat that could have been prevented if the owner has done their due diligence.
Under California Civil Code 1714(a), for a person to file a premises liability lawsuit, they must show proof that the land owner actually owns the property where the injury took place, has shown acts of negligence or recklessness in not properly securing their property, and that the injury was caused by the defendant’s negligence. Once these conditions have been met, a Pasadena premises liability attorney can hold the responsible party accountable for the victim’s injuries.
Common Types of Premises Liability Cases
Slip and falls, inadequate maintenance, attractive nuisances, and negligent security are the most common types of premises liability cases found in Pasadena due to their nature of how it can happen to anybody. As such premises liability lawsuits that feature these accidents are typically handled quickly, however, in some severe instances, it can take several months to years for a settlement to be reached. With that in mind, if you are filing for a premises liability lawsuit it is important to understand the differences between each type in order to get a good grasp of what your case may entail.
Slip and Fall Accidents
A slip and fall accident is when a person slips/trips and falls due to hazards such as wet floors, uneven surfaces, loose rugs or mats, icy sidewalks, or debris on walkways. These cases are one of the most common types of premises liability cases due to the fact that it can happen to anybody. In fact, a Slip and Fall fact sheet by the National Floor Safety Institute determined that roughly 21% of hospital emergency visits are related to accidental falls, with slip and fall incidents making up about 12% of total falls. As a result, a number of potential injuries can arise from slip and fall accidents from head and brain injuries to spinal cord injuries.
Inadequate Maintenance
Inadequate maintenance claims are when a property owner fails to maintain the safety and general operational standards of a building and people become injured as a result. Broken stairs, malfunctioning elevators and escalators, uneven floors, and bad electrical wiring are all popular instances of inadequate maintenance claims that can potentially harm people. Due to the amount of sources, the severity of the injuries will also vary on a case-by-case basis.
Negligent Security
Negligent security refers to when a person becomes injured due to a lack of security measures from the land owner. While the victim should be pressing charges against those who have intentionally harmed them, the property owners can also be held liable for not implementing security measures for foreseeable acts of crime.
A good example of this is a research brief from the Department of Justice that has cited an armed robbery incident at a convenience store, where the owner was held liable for a young man’s death due to the lack of security personnel and setting up the store in a way that incentivizes a successful robbery. As such, premise owners have to be diligent and very attentive to ensure that their property is not only safe from violent crimes, but prevents the possibility of one occurring.
Attractive Nuisances
An attractive nuisance is something that makes children want to walk into another individual’s property. This can range from man-made structures such as swimming pools and trampolines to natural features on a property such as lakes and caves.
While California does not have an attractive nuisance doctrine that can hold land owners specifically accountable, the state does enforce a general duty to prevent those from entering their property by installing preventive measures such as signs and fences. Property owners who do not enforce general security measures that prevent children from wandering onto their property can be held accountable for their negligence and the victims may be entitled to receive compensation for their losses.
How Can a Premises Liability Attorney Assist With Your Case?
If you sustain injuries to someone else’s property, a Pasadena premises liability lawyer can provide you with valuable legal insight to help you win your case against the negligent party. They can also build your case, help with investigation and discovery, negotiate with insurance companies, and maximize your total compensation to ensure that all of your medical expenses are covered. So if you have suffered severe injuries due to a negligent property owner then a premises liability lawyer can help you with your claim.
What Is the Statute of Limitations for Premises Liability in California?
The statute of limitations for a premises liability case is two years, because it is categorized as a personal injury claim under section 335.1 of California’s legislation. If you miss that deadline to file a claim then your case will be dismissed in court and will not be able to obtain compensation for damages. In fact, there are very few exceptions to the statute of limitations, and the only ways to get an extension is unless the affected party is a minor, lives out of state, in jail, or legally insane.
What to Do if You’ve Been Hurt on Someone Else’s Property in Pasadena?
If you have been hurt on a person’s property due to their negligence, it is important that you call 911 if you require immediate medical attention. However, if you are moderately injured due to hazardous conditions left by the property owner then you would be able to file a premises liability claim against them to recover damages. In cases such as these, you would need to prove that the property owner failed in their duty to care for your well being while you are on their property.
West Coast Trial Lawyers Is Here to Help
If you or a loved one were involved in a premises liability accident and would like to pursue a lawsuit against the party at-fault, it is recommended to hire an experienced premises liability attorney to represent you. As filing a premise liability lawsuit can become an overwhelming and confusing experience for those unfamiliar with the legal system, a Pasadena premises liability lawyer can inform you of your legal rights and will guide you throughout your case.
At West Coast Trial Lawyers, our premises liability lawyers are well versed in California law and are ready to represent you throughout this unfortunate endeavor. Our law firm specializes in handling personal injury cases and our attorneys are confident that they will get you the full and fair compensation for your premise liability lawsuit.
We have recovered over $1.7 billion in financial compensation for our clients and we will continue to guide our clients throughout the legal process and keep them updated for any major developments that arise in their case. Whether you have suffered from slip and fall accidents or have gotten injured on public property, our attorneys will be there every step of the way.
We run on a contingency-fee basis, meaning that you pay no fees until you win. To schedule a FREE consultation today, we welcome you to reach out to our 24/7 legal team by calling us at (213) 927-3700 or by completing our easy online contact form.
