Premises liability accidents can happen anywhere, whether at a retail store, apartment complex, or a private home. In Beverly Hills, where residents, employees, and visitors are often seen sharing the same spaces, property owners have a legal duty under California law to maintain safe conditions. When that is neglected and someone gets hurt as a result, the injured party is given the right to seek compensation for the harm they endured.ย
At West Coast Trial Lawyers, our Beverly Hills premises liability attorneys can navigate you during each critical phase of your claim. Our legal team will investigate the matter, gather evidence, establish liability, and build a strong claim to enhance your likelihood of getting the best possible outcome. We are here to protect your rights and hold negligent property owners accountable.ย
To schedule a FREE, no obligation consultation with one of our experienced premises liability attorneys, you can reach out to us by calling (213) 927-3700 or completing our easy online contact form.
What Exactly Is Premises Liability?
Premises liability is a legal concept that holds property owners and landlords responsible when someone endures bodily harm while on their territory because of unsafe conditions. Individuals and businesses have a duty of care to ensure visitors, customers, or tenants are not hurt when occupying the area. If someone does happen to get injured as a result of a poorly maintained premises, the owner in control may be held liable for damages.
What Are the Factors of Premises Liability?ย
In a premises liability case, many factors can determine whether a property owner is responsible for an injury.
- Duty of care- All property owners owe a duty to ensure a safe premises to people who step foot onto the property. This duty will depend on whether the visitor was an invitee, licensee, or trespasser at the time of the incident, because it defines the level of duty of care the owner will need to exercise to maintain a welcoming environment.
- Owner’s knowledge of the hazard-ย Liability will depend on whether the property owner knew or should have known about the condition and failed to address it. When such issues exist, such as poor lighting or unmarked obstacles, the law expects property owners to take reasonable steps to fix it or notify visitors about the risk.
- Foreseeability and causation- When it comes to establishing fault, courts may also consider if the hazard was a foreseeable danger of unsafe conditions and the owner’s negligence directly caused bodily harm, the owner may be held liable for the damages they caused.
Common Types of Premises Liability Cases
Property owners and businesses are required to keep their premises reasonably safe for guests, tenants, and customers. If they fail to address hazards or warn visitors of dangerous conditions, serious injuries may arise, ranging from falls and structural accidents to attacks caused by negligent security.
- Slip and fall accidents- This can happen just about anywhere, from retail stores and apartments to parking lots and offices. Certain factors that can contribute to this include wet floors, loose tiles, or uneven pavement. Even a minor hazard can trigger a person to lose their balance and endure a serious fall.
- Inadequate maintenance or structural hazards- Property owners must have a duty to address hazardous conditions, like broken railings, uneven flooring, or poor lighting, that can put visitors at risk. When they fail to fulfill these responsibilities, they may be held accountable for resulting injuries.
- Negligent security- This usually happens when a property owner does not have enough lighting, cameras, or security personnel where crimes or assaults are foreseeable. In these cases, victims can seek compensation if inadequate security measures triggered their injury.ย
- Dog bites – Property owners and landlords may be held liable if they knew, or should have known, that the dog was deemed dangerous, yet they failed to provide adequate warning or take necessary steps to restrain the animal. Dog bite injuries can result in permanent scarring, infection, and emotional distress, especially in children. California applies a strict liability standard, meaning that dog owners will be responsible for a bite injury regardless of whether the animal had shown signs of aggression in the past.
- Construction sites- These locations usually involve multiple parties, like contractors, developers, and property owners, who are expected to maintain safe work conditions while also providing adequate warnings of potential hazards surrounding the area. Accidents involving falling debris or unmarked danger zones may arise if no reasonable safety protocols are implemented, leaving victims vulnerable to serious or even fatal injuries.
- Swimming pool accidents–ย Under California law, pool owners are required to follow specific responsibilities. For instance, California Health and Safety Code ยงยง 115920–115929, also known as the Swimming Pool Safety Act, requires residential pool owners to provide safe conditions by installing at least two approved features, like self-closing gates, pool covers, or alarms. Those who do not comply can be found negligent if an injury or drowning occurs.
- Toxic exposure- Property owners and managers are expected to provide warning of potential dangers and take prompt action to have the hazardous materials removed or contained. If property owners do not consider these safety measures, it can ultimately cause victims to suffer serious health problems, like respiratory illness or neurological damage.
Each of these circumstances will be evaluated based on whether the owner implemented reasonable care in maintaining a secure environment. Simply put, all premises liability cases will revolve around one particular issue, and that is if the injury could have been avoided had the property owner taken proper precautions.
Who Can Be Held Liable for Unsafe Property Conditions?
Liability for unsafe property conditions will depend on who had control and responsibility over the area in which the injury occurred. Under California premises liability law, property owners, landlords, and business operators can be considered liable parties if negligence caused or accounted for an accident. The injured person will need to prove negligence to recover damages. This includes gathering evidence that demonstrates how:
- The defendant owed the plaintiff a duty of care.
- The defendant breached their legal responsibilities.
- The defendant’s behavior caused the plaintiff to sustain injuries.
- The plaintiff suffered actual losses as a result of the accident.
California applies pure comparative fault in premises liability cases, meaning that each party can be held financially responsible for damages based on their percentage of fault. Under California Civil Code ยง 1714 and the precedent set by Li v. Yellow Cab Co. (1975), an injured person can still recover compensation even if they partially contributed to the incident. For instance, the owner did not repair a known hazard, but the visitor was distracted. The court will establish a percentage of fault, and recovery will be reduced accordingly. So, if someone is 30% at fault for slipping on a wet floor, their damages will be lessened by that amount
What Should I Do After Being Injured on Someone Elseโs Property?
If you sustained an injury while on someone else’s property, you may be met with stress and confusion. Whether it was caused by a slip and fall or a dog bite, doing the following actions can help strengthen your case while also ensuring that the responsible parties are held accountable:
- Seek medical attention- You should go to a doctor immediately after the accident, even if you feel like you did not suffer serious injuries. Some forms of bodily harm, like broken bones or internal trauma, may not appear quickly after the impact. Immediate medical care will not only help with the healing process, but it can also create a medical record connecting your injuries to the incident.
- Document the scene- If possible, try to take photos or video footage of the area where your injury happened. This can consist of broken flooring, wet floors, or poor lighting. Do not forget to collect witness statements, as well. Their perspective of the incident can help support your version of events later.
- Report the incident to the property owner, manager, or on-site supervisor as soon as you can- Be sure to ask for a copy of the official report to use for your records.
- Save all records and bills- This includes hospital bills, medical records, rehabilitation costs, and prescriptions. These can be used to calculate the damages you sustained.
- Speak to a Beverly Hills premises liability lawyer- They will take a look at your situation, identify the liable parties, and hold property owners accountable for their negligence. A lawyer can also negotiate with the insurance companies and make sure you are granted a fair settlement to cover your losses.
When Can You File a Premises Liability Claim?
Under California law, you may be entitled to file a premises liability claim if you got injured on someone else’s property. Property owners and managers are given the responsibility to keep their premises safe and hazard-free. If they do not do this and someone is hurt as a result, the injured person has the right to explore legal options to recover compensation.ย
In Beverly Hills, where high foot traffic, commercial properties, and residential complexes are all common, property owners will need to take reasonable steps to prevent injuries and provide adequate warning of known hazards. If the owner knew or should have known about the hazardous environment and failed to implement reasonable inspections or warn visitors in time, affected individuals may take legal action against them to recover compensation for any losses incurred.
How Much Can You Get for a Premises Liability Claim?ย
The value of a premises liability claim will vary based on:
- The extent of bodily harm you endured
- Percentage of fault
- Current and future medical bills
- Lost income and earning capacity
Since Beverly Hills properties range from luxury residences to high-traffic commercial areas, the amount of such a case can significantly vary. Minor injuries may result in smaller settlements, whereas severe damages involving term disability can result in substantial compensation.
Under such circumstances, economic and non-economic damages may be awarded. Economic damages will cover financial losses (medical expenses, lost wages, and any future loss of earning capacity). Non-economic damages are for personal effects:
- Emotional distress
- Loss of enjoyment of life
- Pain and suffering
To get an estimate of what you could be entitled to, you can use our personal injury settlement calculator by entering the losses you suffered as a result of the premises liability accident.
How a Premises Liability Lawyer Can Help
If you were harmed while on someone else’s property, working with an experienced premises liability lawyer can make a difference when it comes to protecting your rights and acquiring fair compensation. Property owners owe a legal duty to maintain safe conditions to prevent injuries. When they do not succeed with their legal obligations, a lawyer can get involved and hold them accountable for any injuries or losses they caused to others.
They will start off by investigating the circumstances surrounding your situation by examining maintenance records, assessing surveillance footage, gathering witness statements, and establishing fault. This approach can help them learn whether the property knew or should have known about the dangerous environment that caused you to get harmed.
Your lawyer will manage all legal aspects of your insurance claim, as well. They will communicate with the adjuster to make sure your claim is not undervalued or pressure you into accepting a low amount. If negotiations do not reach an agreement, your lawyer can file a lawsuit and seek compensation through the courts.
Whether you sustained bodily harm at a Beverly Hills retail store, private residence, or commercial property, a premises liability lawyer will work diligently to protect your interests, navigate any legal complications involved, and help you recover the compensation you deserve.
Suffered Injuries While on Someone Else’s Property? West Coast Trial Lawyers Is Here to Help
If you were injured on unsafe property in Beverly Hills, you do not have to go through the legal process on your own. At West Coast Trial Lawyers, our experienced premises liability attorneys are here to defend your rights and provide the guidance and support needed to help you secure favorable results. Our team provides legal representation for victims of slip and fall accidents, dog bites, negligent security, construction site injuries, and other types of personal injury cases.
To schedule a FREE consultation, you can connect with us by calling (213) 927-3700 or filling out our quick online contact form.
