Los Angeles Premises Liability Lawyers

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 claim 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:

• Child injuries Elevator and escalator accidents
• Fire Exposures to dangerous chemicals
• Collapse due to structural failure
• Store or restaurant accidents
• Amusement park accidents
• Swimming pool accidents
• Slip and fall incidents
• Workplace accidents
• Neglectful security
• Animal attacks
• Dog bites

These are examples of typical mishaps that frequently result in premises liability actions. You may be able to make a claim after any kind of accident as a result of 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, as well as 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 defined as 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 required measures to remove it. The owner of the property would be held responsible for any injuries or losses caused by a defective product, for example.

A defendant’s duty of care is, in part, based on the doctrine of negligence. The duty of care is the degree of caution that a reasonable and prudent property owner would use in similar situations. Whether a property owner has failed to meet his or her responsibility of care is determined by a number of factors.

The foresee-ability 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.

Free Consultation?

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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
• Homeowner
• Organization
• Restaurant
• Employee
• Landlord
• Retailer.

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 settlement 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. They do, however, 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 as to trespasser or invitee, guest, etc.

However, if the visitor was 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 the evidence: 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:

1. 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 his or her legal duty to maintain and sustain the property in a safe condition.
2. The defendant was irresponsible; he or she 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.
3. The defendant’s carelessness was a significant or immediate factor in causing your injuries. The duty of care is breached by the defendant. The property owner will not be held responsible if anything else caused the accident or harm.
4. 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/or 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/or tenant of a residential rental for carelessness.

Available Compensation Might Include:

• 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 as a result of 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 an action timely. This is the length of time that 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. For decades, we have assisted accident victims with personal injury and wrongful death claims. 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 by dialing (213) 596-9642! Feel free to use our hassle-free website contact form for faster service where telephone service is not optimal, etc. 

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Michael Ehline

Michael is a managing partner at the nationwide Ehline Law Firm, Personal Injury Attorneys, APLC. He’s an inactive Marine and became a lawyer in the California State Bar Law Office Study Program, later receiving his J.D. from UWLA School of Law. Michael has won some of the world’s largest motorcycle accident settlements, and he can help you get the compensation you deserve for sure.

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