When Is a California Homeowner Liable for Injuries?
In California, property owners are not always held responsible for accidents and injuries that happen 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
There are some instances when you may not be held liable in California. If you were trespassing at the time of the accident, for example, you are not required to adhere to the same standards as invited visitors.
However, there may be some form of communication 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 who was under the age of 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 in Woodland Hills, your premises liability lawyer will need to show that the defendant is more likely than not responsible for your injuries and losses.
Personal injury claims, including a typical premises liability case, requires 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 his or her legal duty to maintain and sustain the property in a safe condition.
- 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.
- The defendant’s carelessness was a significant or immediate factor in causing your injuries. The duty of care is breached by the defendant. If anything else caused the accident or harm, the property owner will not be held responsible.
- 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 video, 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 Woodland Hills premises liability attorney is standing by 24/7 to take your call.
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 see at Rose, Ehline Law Firm are slip and fall accidents at LAX Airport, escalator accidents, moving walkway missing digits cases, elevator accidents with small children losing fingers, dog attacks, swimming pool drowning events, toxic chemical exposure, burns from fires, severe electrocutions, structural building failure and collapses associated with a construction defect claim.
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 may 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, trauma, 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 particularly egregious or irresponsible behavior, such as gross negligence. It is up to the discretion of the court 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.
