What Is Premises Liability?
In California, negligent property owners may be held responsible for injuries that occur on their properties. The properties may include businesses, apartments, homes, or government land. If you have been injured on someone else’s property, you may be entitled to financial compensation. If you have been involved in an accident on someone else’s property, contact Pride Legal’s network of LGBT Premises Accident Attorneys today! Here’s everything you need to know about premises liability laws in California.
Do I Have a Viable Premises Liability Case?
Another significant component regarding the liability of property owners in personal injury cases is visitor status. A court will hold a property owner responsible if the owner owed the injured party a “duty of care,” and if that duty of care was violated. This duty of care is dependent on the relationship between the property owner and the injured party and these relationships can be classified as invitee, licensee, and trespasser. An invitee is someone that the landowner has invited to his or her property to conduct business, such as a shopper in a mall. A licensee is someone that the property owner has allowed to enter into his or her property for noncommercial purposes, such as a social guest. A trespasser is someone who is not directly permitted onto the landowner’s property. Contrary to popular belief, a property owner may still be held responsible for injury caused to a trespasser, even though the trespasser has committed the crime.
Under Civil Code 1714(a), California businesses and property owners are legally obligated to be aware of hazards on their property.In order to have a viable premises liability case, you must prove a property owner’s negligence. A property owner can be held liable for a slip and fall injury if he was negligent in his actions. The injured individual must prove that the property owner:
- Owed the victim a duty of care
- breached the duty of care
- ’s breach of duty caused a victim’s accident
- The victim was injured as a result of the accident
For example, property owners must keep hazardous materials out of their pedestrian walkways (property owner owed the victim a duty of care). Larry, the owner of an apartment complex, does not take care of the uneven pavement along his pedestrian walkway (the property owner breached the duty of care). Jeff, a guest of the apartment complex, trips over the uneven pavement and falls (the property owner’s breach of duty caused a victim’s accident). As a result of the fall, Jeff broke his leg. In this situation, Larry would be liable for Jeff’s damages (the victim was injured as a result of the accident).
Compensation for Premises Liability Accidents
If you have been injured in a premises liability accident, you may be entitled to compensation for the following damages:
- Loss of income
- Future loss of income
- Medical expenses
- Rehabilitation expenses
- Punitive damages
Common Premises Liability Accidents
Premises accidents are comprised of incidents caused by the carelessness of property owners who fail to keep their properties hazard-free. Incidents classified as premises accidents include slip and fall accidents, drowning in swimming pools, dog bites, electrocution, illness from toxic mold, and death or injury from fires and smoke inhalation and carbon monoxide due to faulty smoke or carbon monoxide detectors. Despite the fact that these injuries can be relatively minor, many are left seriously injured, permanently debilitated from injuries such as burns, neck injuries, head injuries, spinal cord injuries, electric shocks, and broken bones, or even killed.
It is the legal duty of property owners, homeowners, landlords, and government agencies to keep their property safe and inform the public when known hazards exist. Property safety also accounts for violent crime, and those who fail to keep their property safe against violent crime may be prosecuted. Victims of violent crime committed on public or private property may be subject to compensation due to a legal concept called negligent security. This concept signifies that owners in areas with high crime rates are expected to provide sufficient lighting of dark alleys and parking lots, surveillance cameras, locked gates, or security guards in order to enhance safety.
Common Causes of Premises Liability Accidents
The most common causes of premises liability cases include poor construction, the use of cheap materials, building code violations, defective electrical wiring, snow or water left on walkways, worn out floorboards, unsafe pedestrian conditions, or negligent security at business. These accidents can occur on public property including shopping centers, grocery stores, elevators, escalators, amusement parks, bars and nightclubs, sports arenas, community swimming pools, parks, and schools, as well as government-owned, and privately owned property.
Pride Legal Has the Lawyer to Help You With Your Case
If you or a loved one has been injured on another person’s property, it is best to contact Pride Legal immediately because landowners, government agencies, corporations, and insurance companies aggressively defend themselves against liability. Our trusted Premises Liability and Negligent Security Attorneys in Los Angeles can not only inform you on the legal rights that come into play in these instances, but also help you receive compensation for any resulting injuries. Under California law, property owners are responsible for keeping their property free and safe of injuries. When owners fail to meet this condition, and accidents occur, then the owner of the property may be held responsible for damages through a liability claim. We strongly believe that you should not, under any circumstance, have to suffer alone. The attorneys at Pride Legal are experienced at holding property owners accountable for their disregard and negligence. When filing these cases for litigation, time also plays a key role in premises liability cases because of regulations on limitation. Thus, the faster you call, the faster we can help you fight for your legal rights.
Contact a California LGBT Premises Liability Attorney today for a free case consultation and we will get you the lawyer you need!