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Common Premises Liability Legal Cases

Common Premise Liability Cases, Explained By the Best Premises Liability Accident Injury Lawyers

For the most part, personal injury claims are based on someone’s negligence. This also applies to premises liability cases. An aggrieved individual must show that a property owner was negligent regarding ownership or maintenance in order to have a claim for premises liability. Just because you were hurt on another individual’s property does not necessarily mean a property owner was negligent. Also, just because a property itself presents a hazardous condition, does not mean a property owner was negligent, either. 

Below, our experienced premises liability attorneys will discuss the elements of a premises liability claim, along with several common premises liability cases. If you have suffered injuries as a result of a premises liability accident in California, the experienced premises liability attorneys at West Coast Trial Lawyers are always here to answer any questions you may have about premises liability claims and available damages.

Common Types Of Premises Liability Cases

Premises liability cases include, but are not limited to:

  • slip and falls
  • inadequate building security
  • elevator and escalator accidents
  • dog bites
  • inadequate property maintenance 
  • defective conditions 
  • swimming pool accidents
  • amusement park accidents
  • fires
  • water leaks or flooding
  • toxic fumes or chemicals
  • and more

Property Owner’s Duty of Care

The state of California requires all property owners to use reasonable care in the ownership and maintenance of their property. Visitors to a property can be broken up into:

  1. invitees
  2. licensees
  3. trespassers

Invitees have a landowner’s express or implied permission to be on the property. Invitees are typically friends, relatives, or neighbors and are owed the greatest duty of care.

Licensees have a landowner’s express or implied permission to be on the property, but are there for their own purposes, such as salespeople. Property owners will usually owe licensees less of a duty of care than invitees, but must warn licensees of hazardous conditions if: 

  1. the landowner is already aware of the hazardous condition, and
  2. a licensee is unlikely to discover the hazard on their own

Trespassers are not authorized on a property. Property owners generally don’t owe trespassers a duty of care, unless that trespasser is a child. 

Premises Liability Cases Explained

Slip and Falls: The most common and most straightforward type of premises liability claims are slip and falls. Slip and falls are caused by:

  • Defective or broken staircases
  • accumulated ice and snow
  • slippery floors
  • loose rugs or carpets
  • wet floors
  • loose or broken flooring, sidewalks, steps, stairs, etc.

Insufficient Building Security: Usually occur in apartment buildings and offices. Property owners of apartments and offices are required to have a reasonable amount of security in their buildings, such as door men, security guards, gates, locked doors, and surveillance. If a trespasser breaks into an apartment building and hurts or kills someone, a victim may have a premises liability case against a property owner. However, they must prove the property owner didn’t use enough reasonable care to adequately secure the building.  

Swimming Pool Accidents: Generally will involve children and unsupervised or poorly maintained pools. Swimming pools must be fenced and have locking gates. If a property owner leaves a pool open or unguarded, they may be held liable for any injuries that take place in or around their pool.

Available Damages

Accidents happen. If you were injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Below is a brief explanation of damages. Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.

Economic Damages

Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out of pocket losses an aggrieved individual has or will expect to incur as a result of their injuries. 

A few examples of economic losses include:

  • Loss of Earning Capacity
  • Medical Bills
  • Lost Wages

Non-Economic Damages

Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out of pocket losses. Non-economic damages may include compensation for:

  • Emotional Distress
  • Pain and Suffering
  • Loss  of Enjoyment of Life
  • Other Non-Economic Damanges

Punitive Damages

The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact are only incorporated in 5% of all verdicts.

Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.

Contact West Coast Trial Lawyers to find out how we can help

If you have sustained injuries in the city of Los Angeles as a result of a premises liability accident, an attorney at our firm can  help you  recover financial compensation for the losses you have suffered, including medical bills, property damage, lost wages, and pain and suffering. Call West Coast Trial Lawyers today at (213) 927-3700 or email [email protected] to schedule a free consultation with our experienced, caring, and compassionate legal team.


If you have been injured in an accident, you can count on the legal team at West Coast Trial Lawyers to fight for your rights every step of the way. Contact us today to schedule your free case evaluation with a personal injury attorney.
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