Pasadena Premises Liability Attorney
Our Premises Liability Attorneys Are HereProperty 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 defendant’s negligence.
I Got Injured While Working on Someone’s PropertyIf 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.
- Undocumented employees,
- Temporary employees,
- Domestic employees,
- Independent contract employees, and
- Freelance employees.
- Agency, or
- General contractor.
A Child Was Hurt on My PropertyIt is important to have warning signs to inform individuals, especially children, that they are not welcomed on the property without being given permission to enter. 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. 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 getting 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 someone else’s 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, slide, monkey bars, or a sandbox.
- Animals. Dog or cat.
- Toys. Frisbee, hula hoop, ball, or floaties.
- Water. Swimming pool, pond, or a fountain.
- Machinery. Lawnmowers.
Contact UsIf you were involved in a premises liability accident and would like to pursue a lawsuit against the party at-fault, West Coast Trial Lawyers has Pasadena premises liability attorneys who are available 24/7 to provide you with legal assistance. Contact us today by calling (626) 412-8157 or emailing [email protected] to schedule a free, no-obligation consultation at our Pasadena personal injury law firm.
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