Pasadena Premises Liability Accident Lawyer
How Pasadena Determines Premises Liability
Property owners are responsible for keeping their premises in reasonably safe conditions. Failure to do so may result in a property owner facing consequences for acting negligently if any individuals are injured on their premises. Under California Civil Code 1714(a), “Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person.”
If an individual wants to file a premises liability lawsuit against a careless property owner, they must show proof of the following:
- The defendant owned or leased the property where the injury took place.
- The defendant exhibited acts of negligence or recklessness in not properly securing their property.
- Their injury was caused by the property owner’s negligence.
Our Pasadena personal injury law firm has won over 5,000 cases and recovered more than $1 billion for our clients. We have Pasadena premises liability attorneys with extensive experience in handling personal injury cases. There are no financial risks involved when using our services. You will not be charged any fees until your case has been settled or won. To schedule a free, no-obligation consultation at our Pasadena law firm, reach out to our legal team by calling (626) 412-8157 or emailing [email protected]I Got Injured While Working On Someone’s Property
If you were injured while working on someone’s property, you will be offered a limited opportunity to recover damages for any losses you have suffered. In Pasadena, it is expected for employers to provide workers’ benefits to their employees. They are required to pay for workers’ compensation insurance from two options, either licensed insurers within the state or from the State Compensation Insurance Fund (SCIF).
An employer must buy workers’ compensation insurance, regardless of how many employees they have. Employees who become ill or injured will have an easier time getting medical treatment or recovering lost wages. If the employer is not properly insured, then California’s Uninsured Employer’s Benefit Trust Fund (UEBTF) will take the place of the insurance company to pay for the worker’s compensation insurance benefits.
To qualify for workers’ compensation benefits, the employee must:
- Work for a company that offers workers’ compensation insurance.
- Get injured on the job or from work-related duties.
Workers’ compensation benefits apply to full time, part-time, and seasonal employees. However, there are other classes that are not eligible to receive workers’ compensation. This includes:
- Undocumented employees,
- Temporary employees,
- Domestic employees,
- Independent contract employees, and
- Freelance employees.
Employees who work in a private home are still qualified for workers’ compensation if their wages are paid by the:
- Agency; or
- General contractor.
If a child gets injured on your property, you may be held liable. It is important to have warning signs to inform individuals, especially children, that they are not welcomed on the property. If you barricade your property with locked gates or fencing, you will likely avoid being held liable for a child trespassing and getting injured. The inverse also applies if your child was hurt on someone else’s property.
Additionally, another scenario that could get you in trouble with the law is exhibiting negligence or carelessness while supervising a child on your premises. You are responsible for monitoring the child on your property. Lack of care or attention will increase the chances of the child being harmed. The inverse also applies if your child was hurt on someone’s property due to negligence.
When it comes to trespassing, children may feel tempted to step foot on a property if they notice an attractive nuisance. An attractive nuisance is something that makes children want to walk into another individual’s property. Courts have created limitations by having requirements for the objects to be man-made or by making it mandatory for a property owner to maintain the nuisance in order to be held liable. This includes, but is not limited to:
- Playground equipment. Swingset, slides, monkey bars, or sandbox.
- Animals. Dog, cat, bird, or squirrel.
- Toys. Frisbee, hula hoop, ball, or floaties.
- Water. Swimming pool.
- Machinery. Lawnmowers.
An example of an attractive nuisance is when a child is mesmerized by their next-door neighbor’s playground set. If there are no barricades surrounding the neighbor’s backyard, the child will have easy access to the property. As the child starts utilizing the playground set, they may end up falling off the slide and injure themselves. Under this type of circumstance, the property owner will be held liable for not setting up any protection or warning signs to prevent anyone from accessing their premises.
To protect yourself from liability, it is highly recommended for you to have fences, gates, or signs scattered across your property to warn children not to trespass. Those who fail to do this may face consequences from the courts. Lastly, you should report any suspicious behavior going on in your neighborhood to the local authorities. Not only are you protecting yourself, but you are also helping out other property owners by giving them a heads up that an individual is potentially making attempts at accessing their property.
All of the scenarios listed above can, of course, be inverted. In other words, if your child was the one who was injured by an attractive nuisance on someone else’s property and there wasn’t adequate fencing or warning signs, you may have a premises liability claim against that property owner. Also, there are many examples of premises liability incidents besides the one listed above, including slip and falls, sexual assault due to negligent security, and many more.
In summary: if you were injured on someone else’s property, whether it was private or commercial, as a result of the property owner’s negligence, you may be entitled to damages for your losses.Contact Us
West Coast Trial Lawyers has Pasadena premises liability attorneys that have over 60 years of collective legal experience. We will help you get the financial and emotional compensation you deserve for the losses you suffered. Our Pasadena personal injury law firm is available to contact on a 24/7 basis. Reach out to our legal team by calling (626) 412-8157 or emailing [email protected]