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Types of Premises Liability Cases In Los Angeles


Quiz: Do You Have A Los Angeles Premises Liability Claim?


Premises liability is the legal term used to describe an injury that occurred on someone else’s property due to the negligence of that property owner. These types of cases usually involve the property owner failing to take proper action regarding the safety of the “invitee” or person invited on the property. 

However, just because you’re injured on someone else’s property does not mean that the owner is liable. Before you accept any settlement, reach out to the premises liability lawyers at West Coast Trial Lawyers for a free consultation about your personal injury claim.   

Types of Premises Liability Cases In California


In order to successfully win a premises liability claim, the victim must prove that the property owner did not follow through with their duty of care. This includes reasonable inspections and timely solutions when it comes to property repair and management. 

Common types of premises liability cases include:

 

  • Slip and Falls. This is probably the most common type of premises liability case. Frequent places for slip and fall accidents are grocery stores, swimming pools, elevator accidents, and at the gym.
  • Toxic Fumes and Chemicals. Mold, asbestos, and lead exposure could all be considered dangerous and if not dealt with can lead to sickness and even death. A landlord may be held responsible if they knowingly allow this to occur. 
  • Inadequate Maintenance of the Premises. Conditions such as a cracked sidewalk or a chipped staircase can be seen as negligent if you are injured. 
  • Defective Conditions. This can include poor lighting or a faulty lock on the front door. 
  • Dog bites. If your dog bites someone, even if it is on your property, you may be held liable for the victim's damages 
  • Fires. The state of California considers fire prevention to be under the landowner's scope of care. Under fire prevention the landowner is responsible for:
    1. Aged and defective electrical outlets 
    2. Gas leaks
    3. Ineffective fire extinguishers 
    4. Broken smoke detectors 
    5. Faulty functioning in electrical appliances
    6. Materials used in a building’s interior 

 

Premises Liability Quiz


If you’ve been hurt on someone else’s property due to their negligence then you may be entitled to damages. Compensation may include:

Detailed below is a general quiz that will help you decide if you have a premises liability lawsuit. When answering these questions, understand that each case is individual and your particular situation may require a free consultation.

1. Did Your Injury Take Place On Someone Else’s Property?


Where did your injury take place? Who owns the property? In order to assign liability, you must first learn who owns the space. City and government property liability is treated differently than personal property liability.

2. What Type Of Injury Occurred?


In order to ask for compensation, you must prove that you have incurred damages. Your reward is based on the type of injury suffered and the severity of said damage. 

Common damages include:

  1. Medical Expenses 
  2. Physical Limitations 
  3. Pain and Suffering

3. How Has The Injury Affected Your Life?


Just because you had a slip and fall accident does not mean that you are owed any damages. In premises liability cases, you must show that your life has significantly changed due to the accident. This includes but is not limited to: 

  1. In homecare
  2. Assisted living 
  3. Home modifications 
  4. Adaptive technology, such as a wheelchair 

4. What Caused The Injury?


As stated before, in order to win your personal injury case you must prove that the property owner was negligent. It is also important to understand how your actions affected the accident, as this can diminish your claim if it is shown that you were acting outside the scope of normal behavior.  Negligent cases include:

  1. Obstructed passages
  2. Poor lighting 
  3. Inadequate safety features 
  4. Improper management 

5. Could Your Accident Have Been Avoided?


This is where premises liability gets tricky. Property owners are only liable if they know about the existing dangers and choose not to fix it. This is the most important point to prove your case.

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.

CONTACT WEST COAST TRIAL LAWYERS TODAY


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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