Personal Injuries on Private Property
Who Is Responsible for Personal Injuries on Private Property?
There are two forms of private property:
- Commercial property – Leased to companies.
- Residential property – Leased to individuals or a family.
If an individual is injured on another individual’s private property, then the owner will potentially get charged with premises liability regardless of whether the property was being utilized for commercial or residential motives.
Company Liability for Personal Injuries
West Coast Trial Lawyers know that business owners are expected to keep a safe environment for any individual that steps into it. To reach this objective, the business owner is required to inspect the property to make sure that everything is in good condition. Failure to perform this action will result in an individual being harmed, thus resulting in a premises liability case against the business owner. This is primarily why inspections are important. Regular inspection will find defects or damages, which will then make it easier for the business owner to know exactly what to fix.
When it comes to the duty of care, it is required for the business owner to provide anti-slip devices for rainy or snowy weather. Additionally, they may have warning signs available to give individuals a head’s up about puddles or a slippery floor on their private property. If a business owner follows through with either of these actions, they will keep individuals safe from harm.
One thing a business owner is not liable for is an altercation on their property. Business owners are not responsible for the actions committed by a third party. If two individuals get into a physical altercation with each other, then none of them are eligible to bring a premises liability lawsuit against the private property owner.
However, if these actions were foreseeable, there is a chance that the business owner may have the responsibility to prevent this altercation from occurring. An example could be individuals being continuously assaulted or robbed due to lack of security in the private property. A victim has the authority to initiate a premises liability suit against the business owner due to their injuries, along with not accommodating to a foreseeable issue.
Homeowner Liability for Personal Injuries
Homeowners have a variety of responsibilities for invitees, licensees, and trespassers.
- Invitees. This group gets the most protection. Homeowners are expected to make sure their home is in good condition for the safety of their friends, family, or guests. Responsibilities include checking around the house for any potential defects that may result in a foreseeable injury.
- Licensees. Homeowners must give warnings to licensees about any dangerous conditions that are in their private property. Once they are notified, the homeowner has no liability for any potential harm or damage that may come about for the licensees.
- Trespassers. Homeowners are expected to put up fences, locked gates, or signs to prevent trespassers from stepping into their private property.
In a homeowner’s property, there are different types of structures in a home, or around it, that may classify as dangerous. This includes:
- Stairs. Homeowners may be held liable for an individual’s injury if they fell down the stairs due to insufficient lighting. Another example would be not having a handrail appropriately set in place, thus causing the individual to lose balance and injure themselves.
- Pool. The most common victims of swimming pool deaths are children. This is why it is important for a homeowner to make sure that they provide enough warnings and barricades to prevent children from entering the pool.
- Glass-Sliding Door. Generally, homeowners would not be held liable if an individual were to get injured just by simply walking into a door. However, if the door was not properly constructed beforehand and the incident was a foreseeable act, then the homeowner would potentially be held liable for the individual’s injuries.
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.
Contact Us 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.