Unpredictable Weather and Premises Liability
5 Types of Unpredictable Weather Conditions That Affect Premises Liability
Luckily, California is fairly even-tempered in relation to the weather. However, with the current changes in climate, the weather can become wildly unpredictable. If you were injured on someone else’s property due to bad weather, the property owner may be held liable for your damages.
For any premises liability case, contact the personal injury lawyers at West Coast Trial Lawyers for a free consultation. We are always here to answer any questions you may have about premises liability accidents and damages you may be entitled to.
Does the Weather Affect Premises Liability?
There are more than one million people in the United States that suffer from a slip and fall injury every year, and more than 17,000 people die annually from slip and fall complications. In a premises liability case, it is the duty of the property owner to provide a safe space for those who enter the area.
The property owner must inspect the property to ensure that there are no potential hazards that can cause an accident. If the property owner does not take these precautions, they can be seen as negligent and will be held liable for damages or injuries that affect the victim.
In most slip and fall cases the culprit is snow and ice buildup. In states where it does snow, it is the duty of the landlord to remove the snow within a reasonable amount of time, or they can be held liable for an injury-causing accident. Premises liability law usually allows a brief grace period that allows the landlord partial immunity while performing their duty of care.
Types of Natural Disasters in California
It may not snow in most of California, but there are many other elemental attributes that can contribute to your slip and fall or premises liability accident. Listed below are the most common natural disasters in California:
Earthquakes. Sudden shifts in the earth’s crust can cause the surface of the earth to shake. This shaking can cause damage to poorly built buildings and structures. The strongest earthquakes can cause tsunamis and volcanic eruptions.
Floods. Though it rarely rains in California, flooding has been a huge problem in the past. Flooding can be caused by several different conditions, but is frequently due to storms and rainfall.
Wildfires. Due to dry weather, wildfires are prevalent in California forests. They are usually started by lightning, human carelessness or intentionally. A wildfire can last for days and burn for thousands of miles.
Landslides. Caused by an overflow of water, a landside transpires when an abundance of soil, rocks, trees, and other debris falls down the hill.
Extreme Heat. Extreme heat can affect anyone who is outside long enough to become dehydrated. Infants, young children and elderly people are particularly at risk of fainting or becoming physically ill due to extreme heat conditions.
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 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 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
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 were only incorporated in 5 percent 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.
West Coast Trial Lawyers Will Fight for Your Premises Liability Case
If you have sustained injuries in the city of Los Angeles as a result of a premises liability accident, an attorney at West Coast Trial Lawyers can help you recover financial compensation for the losses you have suffered, including medical bills, property damage, lost wages, and pain and suffering. Call us today at (213) 927-3700 or email [email protected] to schedule a free consultation with our experienced, caring, and compassionate legal team.