We are happy you found the Ultimate Premises Liability Attorneys Guide to WINNING Compensation. Below, our tier-one premises injury lawyer, Michael Ehline, will lay down the law in a way any layperson can understand when it comes to recovering maximum compensation for serious injuries caused by carelessness and neglect.
Property Owners Owe You a Duty of Reasonable Safety?
While on someone else’s property, you have the right to reasonable care and safety provided by the property owners and property managers. In California, landowners are generally required by law to protect you from obvious and hidden risks, including faulty property conditions that might result in a fall or other significant events. Our premises liability attorneys have handily won hundreds of these cases.
Property owners must provide a reasonably safe environment to visitors on their land and structures.
Our competent, charismatic Los Angeles premises liability lawyers at Ehline Law Firm would offer all new clients a free consultation if you or a loved one suffered an accident on someone else’s property leading to serious injuries or wrongful death. You can learn more about Los Angeles wrongful death here.
One or more parties besides property owners may be legally responsible for compensating you and your family for any losses incurred due to the incident. Since 2005, we’ve represented thousands of happy customers, and we make our clients lifelong friends.
Our experienced premises liability attorney is a former licensed building contractor. His legal team has put his advanced knowledge of tort law and statutory building regulations about any unsafe conditions to work on behalf of his client’s financial recovery.
After establishing an attorney-client relationship, Michael Ehline will battle insurance companies and any responsible property owner or controllers to garner his clients’ maximum compensation for medical expenses, pain and suffering, and more.
Call for a free case evaluation today at (213) 596-9642 for free legal advice about your potential personal injury claim.
Why Choose Ehline Law Firm To Handle Your Premises Liability Actions?
- $150,000,000+ RETRIEVED FOR WOUNDED CLIENTS SINCE 2005
- OVER 3000+ CLIENTS
- SLIP AND FALL ACCIDENTS ON A CONTINGENCY FEE BASIS
- CLIENTS TRUST US!
- WE HAVE OVER 15 CALIFORNIA LOCATIONS!
- 24-HOUR PERSONAL INJURY LAWYER CLIENT-FOCUSED 360° CONCIERGE SERVICE
- PLUS 5-STAR-HOSPITALITY
- Multiple Super Lawyers Rising Stars Awards.
What Is Premises Liability and Why Should You Care?
If you are injured on someone else’s property, including construction sites or a grocery store in Los Angeles, CA, the premises liability rules will apply to your case. The legal duty of care and upkeep that a property owner owes to their property is referred to as premises liability.
In California, property owners must use reasonable care to keep their premises safe. This is the same level of attention that a cautious property owner would exercise under similar circumstances. If a property owner fails to use the appropriate level of caution, they will be held financially responsible for any injuries caused by their negligence.
How a Los Angeles Premises Liability Attorney Can Help
Unless you have a legal background or a track record of defending premises liability claims, you may not know how to seek reasonable compensation from property owners and their insurers. A local attorney at Ehline Law Firm who has previously dealt with clients in premises liability claims can assist you.
If you or a loved one has been harmed in a premises accident, your Los Angeles premises liability lawyer can fight for just compensation. If you or a loved one has suffered severe or life-altering injuries due to another person’s negligence, an attorney can answer your queries and provide you with peace of mind throughout your case.
Various Los Angeles Liability Cases We File Against Negligent Property Owners?
Many different sorts of incidents are covered by premises liability law in LA County, CA. Unfortunately, these accidents are all too prevalent. According to the National Floor Safety Institute, slip and fall claims alone send over one million individuals to emergency departments throughout the United States.
Ehline Law Firm Personal Injury Attorneys, APLC, has years of expertise representing those who have been hurt due to property owner carelessness.
Our top Los Angeles premises liability lawyer handles a broad range of premises liability cases in Los Angeles, California, such as:
These are examples of typical mishaps that frequently result in premises liability actions. You may be able to make a claim after any accident due to negligent property upkeep. A negligent property owner might create numerous hazards and risks of injury through lackadaisical property management.
Important California Premises Liability Regulations To Know
“All parties are legally accountable for the consequences of their ordinary care or skill in property management and their willful actions, according to Civil Code Section 1714 of the State of California. The crucial phrase is” want of ordinary care or skill.” This refers to the legal principle of negligence, which underpins most premises liability cases.”All parties are legally accountable for the consequences of their ordinary care or skill in property management and their willful actions, according to Civil Code Section 1714 of the State of California. The crucial phrase is “want of ordinary care or skill.” This refers to the legal principle of negligence, which underpins most premises liability cases.
Negligence is a failure to take reasonable care, resulting in harm to people. In premises liability law, the property owner’s negligence refers to being aware of a potentially hazardous component on their premises but failing to take the necessary measures to remove it. For example, the property owner would be held responsible for any injuries or losses caused by a defective product.
A defendant’s duty of care is partly based on the negligence doctrine. The duty of care is the degree of caution a reasonable and prudent property owner would use in similar situations. Whether a property owner has failed to meet their responsibility of care is determined by a number of factors.
The foreseeability of the injury, whether or not the owner was aware of the problem, whether the owner contributed to it, and the property owner’s duty to reduce risk are all considerations in premises liability cases. If you have any further questions regarding premises liability laws in California, contact a local Los Angeles premises liability attorney.
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Who Can I Sue If I’m Injured on Someone Else’s Property?
If you are hurt on someone else’s property in California, you can usually hold the individual, company, or entity in charge of managing the property legally liable.
The defendant in your premises liability claim will be decided based on the circumstances.
In most situations, the person or business that owns, leases, occupies, or controls the property will be held responsible as follows:
- Property management company
- Business owner
- Tenant or renter
- Big box store
The above are all examples of the defendant in your premises liability claim involving public or private property. Legal responsibility may be decided in court, but we can often negotiate insurance company settlements with the responsible parties and discuss a resolution.
In premises liability law, control over property is generally considered enough to hold someone accountable for an accident; the defendant does not have to own, occupy, and manage the property to be liable. The property involved will determine the liable party in your situation; legal questions, such as whether you were renting it under a rental agreement at the time of the incident, also play a role.
When Is a California Homeowner Liable for Injuries?
In California, property owners are not always held responsible for accidents and injuries on their premises. However, they owe a duty of care to people who visit their properties. If you’re an invitee, a landowner must search the environment lawfully for hidden dangers, repair any apparent building flaws, and inform you about potential hazards that may arise.
There are some instances when you may not be held liable in California. If you were trespassing at the time of the accident, you are not required to adhere to the same standards as invited visitors.
However, some form of communication may be required to warn trespassers of dangers around buildings, such as guard dogs, etc. A review of the facts by a competent personal injury attorney can help eliminate any questions and complications regarding trespasser, invitee, guest, etc.
However, if the visitor is a minor under 18, the landowner will nevertheless be responsible for certain duties of care to keep the property safe. If your Los Angeles accident lawyer can show that the property owner violated your duty of care and this is why you were harmed, you might be eligible for compensation.
How Does Your Advocate Demonstrate Premises Liability?
To succeed in pursuing a financial settlement for your injuries and holding a property owner liable for your accident in California, you must first establish premises liability. In all civil cases, the injured individual, or plaintiff, bears the burden of proof. It is up to the plaintiff to show that the defendant’s behavior was responsible for or missed prevent the problem that resulted.
In a civil claim, the burden of proof is a preponderance of clear and convincing evidence that establishes the defendant’s guilt of at least 51% responsibility for the accident. During a premises liability case, your Los Angeles premises liability lawyer must show that the defendant is more likely than not responsible for your injuries and losses.
Personal injury claims, including a typical premises liability case, require proof of four main elements under California law as follows:
- The defendant was the person or entity who owned or controlled the property at the time of the accident. This point establishes that the party is, in fact, the proper defendant and their legal duty to maintain and sustain the property in a safe condition.
- The defendant was irresponsible and neglected to exercise the appropriate degree of caution as needed by the circumstances. Your status as an invitee, licensee, or intruder will influence a defendant’s carelessness.
- The defendant’s carelessness was a significant or immediate factor in causing your injuries. The defendant breaches the duty of care. The property owner will not be held responsible if anything else caused the accident or harm.
- You sustained compensable damages as a result of the premises accident. Finally, you must show that you were hurt or damaged in the incident in question. This might require evidence such as medical invoices, payroll stubs, and photographs of your injuries.
A lawyer can assist you in presenting your case by gathering evidence that may persuade a judge or jury to rule in your favor. Photographs, CCTV videos, firsthand testimonies, accident reports, medical papers, letters from your doctor or employer, medical bills, pay stubs, and expert testimony are all examples of proof.
On your behalf, a Los Angeles premises liability attorney is standing by 24/7 to take your call.
Are damages Available in Premises Liability Cases Against a Property Owner?
Different legal obligations of care may apply to a property owner based on your visitor status and the specifics of your accident.
Some of the most common premises liability accidents we at Ehline Law Firm handle are slip and fall accidents at LAX Airport, escalator accidents, moving walkway missing digits cases, elevator accidents with small children losing fingers, dog attacks, and swimming pool drowning events, toxic chemical exposure.
Other injuries we help victims cover include burns from fires, severe electrocutions, structural building failure, and collapses associated with an explosion or construction structural defect claim. (Learn more here.)
If you were hurt in any of these situations, you might have a case against the property owner and tenant of a leased facility for negligence.
Compensation available may include:
If you were hurt in any of these situations, you might be able to claim compensation against the property owner and tenant of a residential rental for carelessness.
Available Compensation Might Include the following:
- Economic damages (Specials): These are the actual, financial, or out-of-pocket expenditures associated with your premises liability accident. They can include past medical charges, future medical therapies, physical therapy, rehabilitation, drugs, lost wages, property repairs, and legal fees. (Thing brain damage and costs of keeping a safe environment at home, etc.)
- Noneconomic damages (Generals): The following are examples of the intangible physical and emotional losses incurred due to the accident. You may be eligible for compensation for pain and suffering, emotional trauma, mental anguish, inconvenience, lost quality of life, loss of consortium, scarring or disfigurement, etc.
- Punitive damages (Extraordinary): In rare, complex cases, a premises liability lawsuit may result in a punitive damage award. Punitive damages are designed to punish an individual for egregious or irresponsible behavior, such as gross negligence. It is up to the court’s discretion whether you are eligible for punitive damages in a premises liability case for a landlord’s failure to keep a property in a reasonably safe condition or negligent security, etc., in your individual case.
You might be eligible for additional types of compensation if a loved one died as a result of an accident at premises in Los Angeles, such as the cost of a funeral or burial, the lost future income and inheritance, and compensation for the loss of the victim’s love, support, and companionship.
Depending on their unique elements, premises liability cases have widely varying worth before and after litigation commences.
The amount of money you’re entitled to receive in compensation is determined by several types of factors, including the degree of injury, the time it takes to heal, your income level, your age, your health status, whether you have insurance coverage, and what actions or conduct on the part of the defendant.
Statute of Limitations Deadline for Premises Liability Claims in California
A stringent statute of limitations governs all premises liability claims in California to bring timely action. This is the length of time a victim has to bring a lawsuit after you identify the injury and the hazard that harmed the victim.
Staying on top of your statute of limitations is critical, as the courts tend to dismiss cases filed after it. There are only a few exceptions to the rule, and you will normally only have six months to file a government claim against liable entities after the injury.
In California, a dangerous condition/premises liability case has a two-year statute of limitations from the date of the accident (California Code of Civil Procedure Section 335.1). In most situations, you must file your claim within two years after the incident in order to have grounds for a viable lawsuit. If you did not discover your harm until after the statute of limitations runs out of your legal options!
Schedule a Free Consultation With Premises Liability Attorney in Los Angeles Today
Our Los Angeles premises liability attorneys can assist you, and your family are seeking fair compensation for a property owner’s negligence or carelessness. We have assisted accident victims with personal injury and wrongful death claims for decades. During a free consultation with a qualified Los Angeles premises liability lawyer at our local law firm, you can discuss the dollars you think your case is worth.
Call now before the injured party waives their right to recover compensation from a reckless or careless property owner under the statute of limitations.
We’ll ensure the liable party is held legally responsible for any dangerous condition or problem when you put our vast years of experience to work for you. Injury victims can call an experienced attorney today at (213) 596-9642! Feel free to use our hassle-free website contact form for faster service where telephone service is not optimal, etc.
Premises Liability Practice Areas Los Angeles