Los Angeles Premises Liability Lawyer

Business and property owners alike have a responsibility to uphold and maintain the safety of their buildings so that everyone who lives, works, or visits the premises are safe and are able to go about their day without any delay. Therefore, should a person become injured due to an preventable environmental factor then the owner of a building can be held liable for a breach in their duty to provide a safe and secure environment.

If you or a loved one has been injured due to the negligence or recklessness of a business owner or a land owner then you may be able to sue to recover compensation for your damages. Whether you slipped on a wet floor in a shopping mall, tripped on debris at a grocery store, or fell on a broken step at a neighbor’s home, your injuries can be severe and life changing.

At West Coast Trial Lawyers, our team of premises liability attorneys are here and ready to fight for you and handle your case with the utmost care and respect that it deserves. We are a law firm with over 20 years of legal experience and our team of attorneys specialize in personal injury law and are confident that they can get you the maximum compensation you deserve for your losses.

We have recovered over $1.7 billion in financial compensation to our clients and we will continue to guide them throughout the legal process. No matter what kind of case you may have, our lawyers have seen them all and will be there to answer any questions or concerns you may have regarding your case.

We run on a contingency-fee basis, meaning you pay no fees until you win. To schedule a FREE consultation, you can get in touch with us by calling us at (213) 927-3700 or by filling out our quick online contact form.

Defining Premises Liability

A premises liability case is when a person is seeking compensation for injuries that were caused by unsafe conditions from another person’s property. According to the California premises liability statute or more specifically California Civil Code 1714(a), the injured party must have proof that the injury was caused by the defendant’s negligence or recklessness and that the owner has a duty of care to reasonably maintain their premises in order to file a premises liability claim.

For a liability injury claim to take shape, the sustained injuries must have also been derived from foreseeable conditions that could have been prevented if the owner did their due diligence. However, it is important to note that there are situations where an injured individual contributed negligence towards causing an accident. In such cases, liability may be shared between the property owner and the injured individual.

Common Los Angeles Premises Liability Injuries 

Under the worst conditions, premises liability accidents can produce an endless amount of injuries. However, it is important to keep in mind that the type of injury you are diagnosed with will not necessarily determine whether you have the right to compensation for your injuries. 

Rather, an experienced Los Angeles premises liability lawyer will be able to explain to opposing counsel and insurance companies that your injuries have had a significant impact on your life. So if you have sustained any of the following injuries after being involved in a premises liability case, it is important to consult with a lawyer to have a better understanding of your situation.

• Spinal cord injuries
• Traumatic brain injuries
• Broken bones
• Burns Injuries
• Conclusions and abrasions
• Internal injuries
• Paralysis
• Loss of limbs

Who Is Liable in Los Angeles Premises Liability Cases?

If a person was hurt on another person’s property, they can typically file a premises liability claim for damages against any person or company that owns, leases, occupies, or controls the property where the accident took place. Property owners, managers, and even a property management company cannot completely shield themselves from liability by purchasing premises liability insurance or by delegating the important task of maintaining their property to another person.

The only exception is when the injured party has trespassed onto the land owner’s property and blatantly ignored all safety measures and installments or is purposefully making a fraudulent claim in order to pursue financial compensation. In both cases, the land owner would not be liable and instead can counter sue the other party for property damages they may have sustained themselves. So it is important to hire a lawyer who is familiar with California premises liability laws so you have a better understanding of your case.

Property Owner Liability Exclusions in Los Angeles Premises Liability Claims 

Although property owners are generally liable for the injuries of victims on their property, there are many situations in which property owners may be able to avoid being found liable for a victim’s injuries. First, property owners are typically only required to provide their invited guests with a duty of care. This means anyone trespassing or committing a crime on their property may not be protected under the state’s property owner liability laws.

Property owners can also avoid liability through the open and obvious doctrine as per CACI 1004. Under the open and obvious doctrine, if an unsafe condition is obvious that any person can reasonably expect it, then the land owner can be held accountable. A good example of this would be wet floor signs in restaurants, because the bright yellow sign makes the hazardous conditions open and obvious.

Should someone suffer a serious injury due to the wet floor, they may have a more difficult time holding the restaurant owner or staff accountable for their injuries since the hazardous conditions were open and obvious. As such, in order to prove premises liability, it would require more significant factors and signs of negligence in order to prove a liability case.

How California Shared Fault Laws Could Impact Your Premises Liability Claim in Los Angeles 

Many victims of premises liability accidents have concerns that they may not be able to secure the compensation they are entitled to when they share fault for their injuries. However, sharing fault in personal injury claims is more common than you might think.

California follows a pure comparative negligence system, as per California Civil Code 1431.2, which means that the partial fault of an accident will be reflected onto the victim’s awarded compensation. For example, if you were found 15% responsible for a slip and fall accident, and were awarded $100,000 in damages, 15% of your total awarded amount would be reduced to hold you accountable. So if you are unsure about your claim, it is recommended to consult with an attorney who is well versed in premises liability law to get a better understanding of your case.

Common Types of Los Angeles Premises Liability Accidents

Due to the nature of premises liability cases, there are many different types of accidents that can occur. However, from what is typically seen in Los Angeles, slip and falls, amusement parks, swimming pools, and elevator and escalator accidents are the most common. So if you have been injured on someone else’s property due to their negligence, it is important that you understand the differences between these cases so you have a better understanding of your case.

Elevator and Escalator Accidents

Elevator and escalator accidents are when a person sustains serious injuries when an elevator/escalator malfunctions and suddenly creates a scenario where people are hurt. In the majority of all elevator and escalator cases, the property/business owners will almost always be held liable for an accident.

However, there are instances when a property owner complied with the law and maintained their elevators and escalators in working order, yet an accident still occurred. In these cases, fault may fall on the manufacturer, the installer, or the maintenance company. Should a manufacturer or mechanic be responsible for the accident, they can become the liable party and would be responsible for all injuries and medical expenses that may have accrued in the accident.

Swimming Pool Accidents

Swimming pools are a popular location for people of all ages and, as a result, all property owners have a legal duty to take reasonable measures to make sure that their swimming pool is safe for everyone when they are using or around the pool. Should anyone become injured or killed as a result of the property owner’s negligence then owners can be found liable for all damages.

Examples of how a property owner can make a pool safe for their users includes adding warning signs about the pool’s depth, community rules, and drowning risks, ensuring proper maintenance of the pool and any pool related safety equipment, and proper fencing and security measures for after hours to prevent anyone from drowning when nobody is around.

With that in mind, it is important for the owner to establish reasonable care to everyone around the pool, because according to the National Drowning Prevention Alliance in a quick facts report, there is an average of 4,012 unintentional drowning deaths each year. So the possibility of a drowning incident occurring around a swimming pool is very likely and the pool staff and owner needs to be very attentive to ensure that everyone is safe.

Amusement Park Accidents

Amusement parks are another popular location that requires owners to take reasonable action to make sure their environment is safe for their customers. Anytime a visitor is hurt in an amusement park ,the owner may be held liable for any resulting damages, especially in cases if the property owner knew what the problem was and chose not to do anything about it. Even employing negligent security measures in the amusement park can hold the owner accountable for any physical altercations that might happen.

Slip and Fall Accidents

A slip and fall accident is when a person slips/trips and falls due to hazards such as wet floors, uneven surfaces, loose rugs or mats, icy sidewalks, or debris on walkways. Whether you are inside or outside, slip and fall accidents can happen anywhere, and according to a Slip and Fall fact sheet by the National Floor Safety Institute, roughly 21% of hospital emergency visits are related to accidental falls, with slip and fall incidents making up about 12% of total falls.

In addition, older people are much more vulnerable to being seriously injured after a slip and fall. Injuries such as fractured hips, head injuries, and spinal cord injuries are common among older people and can cause a permanent disability. So if someone experiences a slip and fall accident due to someone’s negligence then the building owner can be liable for all sustained damages.

How Long Do You Have to File Your Los Angeles Premises Liability Lawsuit?

Under California law, personal injury and premises liability claims must be filed before the two-year statute of limitations expires as per section 335.1 of California’s code of civil procedure. If you wait to file your premises liability claim and the statute of limitations is applied, you will no longer have the opportunity to pursue your case in the Los Angeles civil court system and it will be immediately dismissed in the court. Which is why, it is important that you file a claim as soon as possible if you have gotten injured on someone else’s property.

Available Damages for Premises Liability Victims in Los Angeles 

For injury victims in premises liability cases, they can recover economic and non-economic damages, however, the amount of recoverable damages will be dependent on several factors such as scale, severity, and the nature of the accident. For instance, economic damages are referred to as calculable damages designed to compensate victims for any accrued costs in an accident. Lost wages, medical bills, property damage, physical therapy, and quality of life adjustments are all things that can be compensated for.

On the other hand, non-economic damages are intended to compensate a victim for incalculable damages that are hard to place a dollar value on. Damages such as emotional distress, pain and suffering, loss of consortium, and diminished quality of life are all subjective and can vary from person-to-person and as a result, the value of these damages will change on a case-by-case basis.

Punitive damages may also be served, but it is designed to punish the at-fault party for extreme recklessness and ill intent in order to set legal precedence, and deter any future criminals from acting similarly. It also serves as a means to give the injured party closure and justice for their suffering.

West Coast Trial Lawyers Is Here to Help

If you or a loved one were involved in a premises liability accident and would like to pursue a lawsuit against the responsible party, it is recommended to hire an experienced premises liability attorney to represent you. At West Coast Trial Lawyers, our team of premises liability lawyers are ready to serve as your trusted legal counsel and fight for you. We are a personal injury law firm with over 20 years of legal experience and our attorneys are well versed in the California court system and handled a variety of liability cases from the simple to the complex.

We have recovered over $1.7 billion in financial compensation for our clients and we continue to guide our clients throughout the legal process and help them with their personal injury lawsuits. No matter what kind of claim you have, if you need help determining liability or holding the property owner legally responsible for their negligence and recklessness, our legal team is available 24/7 and will be there every step of the way.

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 Los Angeles Premises Liability Claims

Will I Have to Go to Court?

It is possible that your case will have to go to court if you hope to recover compensation for your damages. Many premises liability claims can be settled outside of court through the insurance company. However, since insurance companies are often only required to compensate injury victims for damages and only up to the limits of the policyholder‘s policy, it is possible that the insurance company will not be required to cover your damages in full. When this happens, bringing your case to court may be the best way to recover total compensation for your suffering.

What if My Child Was Injured in a Premises Liability Accident?

If your child was seriously injured in a premises liability accident of any kind, you may have the right to financial compensation for the damages. However, it will be largely dependent on whether the land owner was negligent in their duty to provide a safe environment and enforcing general security measures that prevent children from getting hurt onto their property within reason.

What Does It Cost to Hire a Premises Liability Attorney?

Premises liability lawyers will generally operate on a contingency system, which allows victims to pursue their case without having to cover any out-of-pocket costs. In addition, premises liability attorneys only get paid if they win their case or receive a settlement offer from opposing counsel. Should your attorney achieve either scenario then they can charge a fee that can range anywhere between 25%-40%, however, most attorneys would charge a competitive rate of 33%.