Property owners, including those who own private and government properties, are required to provide a duty of care to guests by maintaining a safe environment free from potential hazards. Under premises liability law, property owners can be held liable for injuries that occur due to unsafe conditions. If youโve been hurt on someone elseโs property, you deserve compensation for your injuries and losses.
At West Coast Trial Lawyers, our premises liability Lawyers bring over 20 years of combined legal experience and a proven record of winning more than $1.7 billion in settlements for our clients. Whether you have been hurt at someoneโs place of business or at a large event venue, let us put our expertise to work for you and fight for the maximum recovery you deserve.
To schedule a FREE consultation, you may reach out by calling (213) 927-3700 or filling out our quick contact form. We are available 24/7 to offer legal assistance to victims of personal injury.
Why Choose WCTL For Your Case?
For premises liability victims, choosing the right legal team can make all the difference. At West Coast Trial Lawyers, our experienced, in-person attorneysโincluding Harvard graduates and nationally recognized legal analystsโhandle your case directly. We never outsource, inflate fees, or add hidden costs, and we handle property damage for free. With a proven track record of going against major corporations like Disney, Starbucks and the NBA, we have the trial experience and expertise to fight for the fair compensation you deserve.
What Is Premises Liability?
Premises liability is a type of personal injury claim that arises when an individual is injured on someone elseโs property due to the property ownerโs negligence. This area of law holds property owners accountable for maintaining a safe environment for visitors and guests.ย
Accidents that fall under premises liability can occur on both commercial and residential properties and include incidents such as slip and fall accidents and negligent security. Under premises liability law, property owners are responsible for ensuring their property is free from hazards that could cause harm to others.
What Legal Responsibilities Do Property Owners Have?ย
Property owners have a legal duty of care to ensure their premises are safe for visitors and guests. This duty involves taking reasonable steps to prevent accidents and injuries, such as:
- Regularly maintaining the property
- Promptly repairing hazards
- Providing adequate warnings of potential dangers
Negligence occurs when a property owner fails to meet this duty of care, resulting in an injury or accident. For example, if a property owner neglects to fix a broken stair or clean up a spill, and someone gets hurt as a result, the property owner can be held liable for the injuries sustained.
Common Types of Premises Liability Claims
As property owners are required to take reasonable action to ensure that their guests are safe from potential risks while on their premises, the amount of reasonable actions they take must be done so in a way that is reasonable. Failing to do so may result in the property owner facing a premises liability claim from the injured guest. While every premises liability claim is different, it is important that accident victims try to understand their situation as much as possible, so they can provide their attorneys all of the necessary information.ย
Slip and Fall Accidents
Slip and fall accidents may occur just about anywhere. It can happen at the grocery store, a friendโs house, or the workplace. In fact, many premises liability cases result from slip and fall accidents. According to the Centers of Disease Control and Prevention (CDC), the most common age group to experience a slip and fall accident is 65 and older. For this age group, falls are one of the leading causes of serious or fatal injuries and these falls can be derived from things such as wet surfaces, damaged flooring, or even objects lying on the floor.ย
Negligent Securityย
Negligent security is another common premises liability claim since owners and managers have a legal duty to take steps to shield people against foreseeable criminal acts, and many cases arise when that basic duty is not met. The following crimes are predictable based on location, past records, or the nature of the business:
- Assaults
- Robberies
- Break-ins
Courts will consider whether the owner knew or should have known about the risks and failed to respond with reasonable security measures. When someone is hurt in a place that is known to have safety problems or a history of crime-related patterns, it is easier to argue that the damages incurred was not just bad luck, but results of preventable conditions that were ignored.ย
Swimming Pool Accidents
If a property owner has a swimming pool on their premises, they must make sure that all reasonable measures are taken to ensure no one gets injured while in or near the swimming pool. Swimming pool accidents can occur on someone elseโs property, making it crucial for property owners to install fences or gates to prevent trespassers from easily accessing the area.
Furthermore, warning signs should be placed on the fence or gate to notify people that a potential hazard is present. A property owner can be held liable for a swimming pool accident for having no warning signs, improper pool maintenance, inadequate fencing, or hiring negligent lifeguards.
Elevator and Escalator Accidents
In most elevator and escalator accidents, the property owner will almost always be held accountable for the accident. However, there have been cases where the property owner has taken reasonable measures by properly maintaining their elevators and/or escalators, yet an accident still took place. These accidents can result from property ownerโs negligence in maintaining the equipment. Under this type of case, the manufacturer, installer, or the maintenance company may be held responsible for damages.
Amusement Park Accidents
Owners of an amusement park are required to apply reasonable measures to ensure that all rides are safe for guests to go on. Failing to monitor each ride for any damages or defects could cause one or more guests to endure serious or fatal injuries. The owner will be held accountable for any damages caused by their negligence. However, if the owner had carefully observed each ride prior to guests entering the premises, yet one or more rides managed to break down, any entity involved in the chain of product will share a degree of accountability.
The Importance of Finding a Local Premises Liability Lawyer
When youโve been injured on someoneโs property due to negligence or recklessness, hiring a local attorney can make all the difference in navigating your case effectively. Local lawyers understand the specific laws, regulations, and court systems in your area, giving you an edge when it comes to building a strong case. Beyond legal knowledge, these attorneys often have connections with local experts, investigators, and resources that can be crucial to your claim.
Here are just a few of the benefits of working with a local premises liability lawyer:
- In-depth knowledge of local laws: Each state has its own nuances when it comes to handling premises liability claims.ย
- Familiarity with local courts and judges: A local attorney knows the preferences and tendencies of judges and other legal professionals in the area.
- Accessibility and personalized service: Meeting your attorney in person can provide peace of mind and foster clear communication throughout the process.
If youโre looking for an experienced local premises liability lawyer, we proudly serve clients the following states:ย
Who Can Be Held Liable in a Premises Liability Claim?
Victims of a premises liability accident are entitled to file a claim against the party at-fault for damages. Potential guilty parties may include the person or company that owns, leases, occupies, or controls the premises where the incident took place. Liability lawyers play a crucial role in representing victims of premises liability accidents, investigating cases, determining liability, and pursuing compensation.
Property owners are not entirely capable of protecting themselves against premises liability claims by acquiring premises liability insurance or delegating maintenance-related duties to employees or independent parties. Generally, a property owner will always be required to maintain a safe environment for guests to enter, regardless of whether they have assigned this duty to others.
Oftentimes, defendants of a premises liability lawsuit may include:
- Stores
- Employees
- Homeowners
- Business owners
- Restaurants
- Tenants or renters
- Retail centers
- The property management company
What Is the Statute of Limitations for Premises Liability Claims?
The statute of limitations for a premises liability claim will differ by state, ranging anywhere from one to six years from the date of the injury. Special rules may apply if the property owner is a government agency, and will, at times, require a formal notice of a claim within six months to a year. Missing the deadline will prevent you from seeking legal action, and some states may provide tolling exceptions, particularly to individuals who are minors or have disabilities.
Available Damages
Victims of a premises liability accident may be eligible to file a premises liability claim to obtain economic and non-economic damages. Economic damages are intended to compensate a victim for losses that have a determined dollar value. This includes lost wages, medical bills, loss of earning capacity, and property damage.
Meanwhile, non-economic damages are intended to compensate a victim for losses which donโt necessarily have an easily determined dollar value. This may include loss of enjoyment of life, emotional distress, scarring, and pain and suffering. If the victim is killed due to the negligence of the property owner, the victimโs heir(s) will be given the legal right to file a wrongful death claim against the property owner. Available damages for a wrongful death claim include burial costs, funeral expenses, loss of consortium, and loss of financial support.
The Role of a Premises Liability Attorney
A premises liability attorney plays a crucial role in assisting individuals who have been injured on someone elseโs property due to the property ownerโs negligence. An experienced premises liability attorney can help navigate the complexities of premises liability law, gather evidence, and build a strong case against the property owner.ย
They are skilled in negotiating with insurance companies and advocating for their clientโs rights in court. If you or a loved one has been injured on someone elseโs property, consulting with a premises liability attorney is essential to discuss your options and determine the best course of action. An experienced premises liability attorney can help you seek the compensation you deserve for your injuries and losses.
West Coast Trial Lawyers Is Here to Help
If youโve been injured due to unsafe conditions on someone elseโs property, you shouldnโt have to pay the price for their negligence. At West Coast Trial Lawyers, our top-rated premises liability attorneys have a proven track record of winning millions for injured victims just like you. Whether youโre facing medical bills, lost wages, or ongoing pain, we fight to hold property owners accountable and secure the maximum compensation you deserve.
As a personal injury law firm with over 20 years of legal experience, our compassionate team of attorneys handle every case with the utmost care and professionalism and they are confident that they can get you the maximum compensation you deserve for your losses. Due to our commitment to helping people, we have recovered more than $1.7 billion in financial compensation for our deserving clients.
While every premises liability case is different, we will continue to do our duty to represent our clients best interests at heart. Should you have any questions about your case, our legal team will be there every step of the way just to address any question or concern.
We run on a contingency-fee basis, meaning that you pay no fees until you win. To schedule a FREE consultation today, we welcome you to reach out to our 24/7 legal team by calling us at (213) 927-3700 or by completing our easy online contact form.
Frequently Asked Questions About Premises Liabilityย
What Is Premises Liability Insurance?
Premises liability insurance is a type of coverage (typically included in general liability or homeowners policy) that helps shield owners against financial responsibility if a visitor is hurt while on the premises due to hazardous conditions.ย
It can cover medical bills, legal fees, and settlement or judgement costs if the owner is found responsible for allowing unsafe conditions, like slippery surfaces, damaged stairs, or poor lighting from being present. This insurance does not necessarily prevent lawsuits. But, it provides financial protection and legal defense if a claim is brought against the owner by the affected individual.
When to Contact Premises Liability Attorney After Injuryโ?
You should contact a premises liability attorney as soon as possible after you suffered an injury. This heavily applies if you sustained serious bodily harm and are in need of medical treatment. Early contact will help you gather evidence, like photos or surveillance footage, and ensures you do not miss any legal deadlines. It is also ideal to reach out right away if either of the following apply:ย
- The property owner denies fault
- Their insurance company is attempting to communicate with you
- Your injuries are progressively worseningย
- You are unsure about your legal rightsย
A premises liability attorney can tell you whether you have a valid claim and will let you know what your next best steps are.
Are Premises Liability Cases Hard to Win?
Premises liability cases can be difficult to win. But, it is possible if you have the right facts and evidence at hand. The challenge comes down to whether you can prove that the property owner knew, or should have known, about the hazardous condition, failed to address the problem, and that their negligence caused your injury. Such cases often focus on specific details, like:
- How long the hazard was present
- Whether there is any solid evidence available
- If the dangerous conditions were obviousย
- What maintenance or inspection practices were implementedย
Insurance companies may argue that the injured person acted carelessly or that the hazard was obvious, which could reduce or block recovery in some states. With that said, it is important to build a strong case early on as that can make a big difference with the outcome of your premises liability lawsuit.
What Is the Difference Between Premises Liability and Product Liability?
The difference between premises liability and product liability comes down to where the danger comes from and who is responsible for it. Premises liability involves injuries that are caused by dangerous conditions while on someone elseโs property. In these cases, the owner may be held liable for failing to maintain a reasonably safe space.ย
Product liability, on the other hand, consists of injuries triggered by defective products, like faulty equipment or contaminated goods, where responsibility may fall on the manufacturer, designer, distributor, or seller for flaws found in design, manufacturing, or warnings.
What Is the Difference Between Premise Liability and General Liability?
Premises liability is the responsibility a property owner has for injuries or damages that happen on their territory because of unsafe conditions, like slip-and-fall accidents or poorly maintained areas. It mostly focuses on the safety of the physical property for visitors. General liability, however, covers a businessโs overall operations, like product defects, advertising-related claims, bodily injury, and property damage caused by employees just about anywhere.
Is Premise Liability Hard to Prove?
Proving premises liability can be tricky, but it is not impossible. In order to succeed, you will be required to demonstrate the four elements of negligence:
- The property owner owed a duty of care
- This duty was breached
- The breach directly caused your injury
- You suffered measurable harm, like medical bills, lost wages, or pain and suffering
The difficulty comes from gathering evidence. For instance, you may need to collect photos of the hazard, witness statements, surveillance footage, and maintenance records. Property owners may argue that you were partially or fully responsible for the incident, which can further complicate matters.
What Is an Example of a Premise Liability?
A common example of premises liability is a slip-and-fall accident in a grocery store. For instance, if employees fail to clean up a spilled liquid and a customer slips, trips, and sustains an injury, the store could be held liable for allowing hazards to be present or for not properly warning customers about it. Other notable scenarios include:
- A resident trips on a loose step the landlord knew about, but failed to address. As a result, the resident suffered injuries and faced a pileup of medical bills from treatment.ย
- A person is assaulted in a dimly lit parking lot at night, despite the business having experienced multiple similar cases in the past and failing to address the situation, such as improving lighting or providing security patrols.ย
- A visitor is bitten by a dog while lawfully on the homeownerโs property, even though the owner was aware of the animalโs aggressive behavior.
Can a Person Sue You if They Get Hurt on Your Property?
A person can sue you if they get hurt on your property. By law, owners have a legal duty to maintain reasonably safe conditions for visitors. If someone is hurt because of hazardous conditions you knew, or should have known about, and you failed to have it addressed or warn them about it, you may be held accountable.
What Is a Reasonable Settlement Offer for a Premise Liability Claim?
A reasonable settlement offer for a premises liability claim will depend on the following factors:
- The intensity of the injury you incurredย
- Medical bills, lost wages, and pain and suffering
- The strength of the evidence presentedย
There is no fixed amount since every case is unique. But generally, minor losses may result in settlements that are typically lower when compared to moderate or severe damages. Insurance companies may try to minimize payouts, so a reasonable settlement should fully account for medical expenses, lost income, future care, and pain and suffering, while also reflecting the property ownerโs liability.
