Los Angeles Premises Liability Lawyers
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Our Los Angeles Premises Liability LawyersAdvocate For The Rights Of Injury Victims
Property owners are legally obligated to protect you from apparent and hidden hazards, including property defects, wet floors, or other dangerous conditions. Premises liability cases can be complex, particularly in determining whether and how a property owner was aware of a hazardous condition. In this case, our Los Angeles premises liability lawyers can provide guidance on gathering evidence and demonstrating how a property owner’s actions or inactions may have contributed to an injury. Call Arash Law at (888) 488-1391. We offer a free initial consultation to discuss your case and your legal options.
Los Angeles is the largest city in California and the second most populous city in the country, with 3.9 million residents. It is the epicenter for residential, commercial, financial, and cultural activities. Many residential locations, restaurants, grocery stores, gyms, and apartments are seen near each other. While everything is conveniently located, it can also bring about many hazards. If you suffer an injury on someone’s property, you can reach out to premises liability lawyers in Los Angeles.
Property owners and management groups in Los Angeles must meet all local, state, and federal laws and regulations regarding property safety. Rules may vary statewide, but essentially, property owners must keep their land and buildings safe for tenants and invited guests. If someone suffers an injury when entering the property due to a failure to adhere to safety standards, they can seek legal assistance from one of our Los Angeles premises liability attorneys at Arash Law to pursue a premises liability claim.
December 2016: $22M+ verdict in a mild traumatic brain injury case. The entire details of the case can be found in the public record filings by the defendant entity that sued its defense– BRIAN BEECHER
Why Choose Arash Law For Your Premises Liability Claim?
Arash Law is an established law firm in Los Angeles. Having understood the consequences of a severe premises liability accident, our goal has been to help injury victims. We know that no two injuries are the same, as they can range from minor to severe. Some injuries are even permanent and require lifelong care and lifestyle changes.
If you sustain an injury on the property of a negligent owner, you may seek counsel from our Los Angeles premises liability attorneys. We can assist you in seeking compensation for medical expenses, lost income, rehabilitation costs, reduced future earnings, and other related expenses.
We offer a free initial consultation for premises liability victims. Additionally, our firm works on a contingency fee basis. This means you don’t pay attorney’s fees unless compensation is obtained. However, certain case-related expenses may still apply.
Our team is available to speak to you about case viability, answer your questions, and explain future options. We want to help you move forward from this situation.
What Is Premises Liability?
Premises liability refers to legal claims that arise when someone is injured on another person’s property due to unsafe conditions. These cases fall under the broader category of personal injury law but involve specific rules regarding a property owner’s legal responsibilities.
In Los Angeles, property owners have a duty to maintain reasonably safe premises for visitors. If a property owner fails to meet this duty and an injury occurs, they may be financially responsible. To establish a premises liability claim, a lawyer typically evaluates the following factors:
- The injury occurred on someone else’s property.
- The property owner knew or should have reasonably known about the hazardous condition.
- The property had an unsafe condition present.
- The property owner or manager did not take reasonable steps to remedy the dangerous situation.
Our premises liability lawyers in Los Angeles can help gather evidence, document the hazard, and demonstrate how the property owner’s actions or inactions contributed to the injury.
How Los Angeles Premises Liability Attorneys Can Help
Some premises liability cases are straightforward, while others are complex. In more complicated cases, a lawyer can review evidence, assess injuries, and consult with experts to help clarify the circumstances of the accident. Because most premises liability claims involve insurance companies, having legal guidance is important for accurately documenting the incident and your injuries.
Insurance companies representing the property owner are not advocates for your interests. They may try to minimize liability or attribute your injuries to other causes. A premises liability lawyer can help you navigate these discussions and present the facts of your case clearly and accurately.
Not every injury sustained on someone else’s property will require you to take legal action. To pursue a claim, there generally must be evidence that the property owner’s negligence contributed to your injuries. Consulting a Los Angeles premises liability lawyer can help you determine whether your case meets this standard.
At Arash Law, our legal team can investigate the circumstances of your injury, identify the responsible parties, and gather documentation to support your claim. We can also work with private investigators or industry consultants when needed to assess the property’s condition and the circumstances surrounding your accident. From there, we can help calculate the types of losses you may have experienced, including medical expenses, lost wages, and other impacts.
Handling a premises liability claim without legal experience can be challenging, as property owners and insurers are often well-prepared to limit liability. Experienced premises liability lawyers can guide you through the process, help you understand your options, and advocate on your behalf.
If you were injured on someone else’s property, our team can review your situation, answer your questions, and explain your potential next steps. You can schedule a free, no-obligation consultation by using our contact form or calling (888) 488-1391.
The Differences Between Premises Liability And Personal Liability
Personal liability occurs when someone is held responsible for injuries caused by their own negligent or intentional actions. This can include accidents or other acts that result in harm to another person.
Premises liability applies when a property owner or business is held responsible for injuries that happen on their property due to unsafe conditions. Common examples include slips and falls in stores, restaurants, or other public and private spaces. These cases frequently involve supermarkets and other retail businesses.
The type of liability affects how a case is handled, what evidence is needed, and the potential compensation. Speaking with a Los Angeles personal injury attorney can help you understand your options.
Types Of Premises Liability Cases Our Los Angeles Premises Liability Lawyers Handle
Los Angeles has many different properties and areas open to the public. This variety is convenient for residents and visitors. However, it also means there is plenty of room to suffer an injury from negligent actions. Premises liability accidents are prevalent in the city. For instance, the National Floor Safety Institute reports that over one million people go to emergency departments nationwide for slip and fall cases.
While those are the most common types of premises liability, Arash Law handles many others. Our Los Angeles premises liability lawyers have years of experience handling these cases. We advocate for clients who suffered injuries in cases such as:
- Dog bites
- Child injuries
- Slip-and-fall
- Workplace accidents
- Structural collapse
- Amusement park accidents
- Elevator and escalator accidents
- Store or restaurant accidents
- Toxic substance exposure
- Swimming pool accidents
- Negligent security
- Fires
You may have grounds for a premises liability claim if a property owner’s negligence contributes to your injury. Property owners have a legal duty to maintain reasonably safe conditions, and failure to do so can result in serious, sometimes life-altering harm for visitors.
Common Causes Of Premises Liability Accidents In Los Angeles
With so many properties in Los Angeles, many causes of premises liability exist. Some of these work in conjunction with the types of cases mentioned above. Prevalent causes of premise liability accidents in Los Angeles include:
- Building code violations
- Missing or broken guardrails
- Obstructed walkways
- Unrestrained or dangerous dogs
- Water leaks or flooding
- Spilled liquids on the floor
- Missing fencing
- Poor construction
- Manufacturing defects or improper maintenance of amusement park rides
- Negligent security
- Insufficient lighting in parking lots
- Broken staircases
- Drowning
- Lack of a lifeguard on duty
- Snow and ice fall
These are just some of the conditions that can lead to premises liability injuries. Whether your situation is listed here or involves another hazard, it is important to consult with a Los Angeles premises liability lawyer to understand your options and potential next steps.
What Are Some Common Injuries In Premises Liability Accidents?
The types of injuries in premises liability accidents can vary widely depending on the cause and severity of the incident. Among the most common injuries in Los Angeles premises liability cases are:
- Burns
- Broken bones
- Neck injuries
- Ligament injuries
- Electrocution
- Fall injuries
- Spinal cord injuries
- Traumatic brain injuries
- Back injuries
Injuries can depend on how the situation occurs and the accident’s severity. Some injuries may be minor and resolve with conservative treatment. Others may require extensive procedures, including injections, surgeries, and in-home nursing care. The nature and severity of your injuries are key factors in determining the scope of your claim.
What Damages Can I Receive In A Premises Liability Claim?
Premises liability claims in California can include both economic and non-economic damages. Our Los Angeles premises liability attorneys can help identify and document potential damages, including:
- Medical Bills — Any medical expenses you incur from the beginning of your accident and into the future. Your costs can include physical therapy, medication, and out-of-pocket expenses. Long-term medical bills are the hardest to calculate and can include future surgeries and rehabilitative care.
- Lost Income — You might need to take time off work to rest or attend medical appointments. You might also lose your ability to work altogether. You can pursue lost income benefits, such as salary, tips, bonuses, and lost earning capacity.
- Property Damage — If any of your property was damaged or lost in the accident, you can seek compensation for it as part of your premises liability lawsuit. If you must pay for anything out of pocket, you should keep those receipts to add to your claim.
- Pain and Suffering — These damages depend on the severity and extent of your injuries. If you have a permanent injury that requires changing your routine and lifestyle, you may likely have a higher claim than for a minor injury.
- Loss of Consortium — This category of damages covers the accident’s impact on your spouse or loved one. It can include loss of intimacy, the inability to bear children, and loss of companionship.
- Emotional Distress — Many victims experience psychological adjustments after an injury. You can be diagnosed with anxiety, depression, and post-traumatic stress disorder.
Calculating your losses can be challenging since many types of damages can apply to your case. Our Los Angeles premises liability lawyers can gather the information necessary to document and calculate your losses. We can assist you in organizing all necessary paperwork for your claim.
What Should I Do After A Premises Liability Accident In Los Angeles?
What you do following a premise liability accident can significantly impact your recovery and the outcome of your case. After suffering an injury on someone else’s property, here are actions to consider:
- Call the Police and First Responders — Notify the property owner that you suffered an injury so they can file an internal incident report. Contact the police and first responders to obtain a police report and receive a medical evaluation. Police officers can provide an objective account of what occurred.
- Seek Emergency Medical Attention — You must get a professional evaluation to address your injuries, no matter how minor you think they are. An accurate diagnosis is vital to showing the extent of your injuries from the incident.
- Document Evidence at the Scene — Take pictures using your phone and get contact information from any witnesses. These details can help support your case.
- Be Cautious When Speaking with an Insurance Company — After the accident, insurance adjusters may contact you with quick settlement offers. While these offers may seem appealing, they may not reflect the full extent of your losses. It’s advisable to avoid accepting or discussing settlement terms until you’ve spoken with an attorney.
- Consult with Los Angeles Premises Liability Lawyers — We recommend seeking legal counsel to help you understand your options. Our premises liability lawyers can handle negotiations with the insurance company. We also act as a liaison by handling all communication between the adjuster and other parties. You can start by scheduling a free, no-obligation consultation with us to discuss your situation.
When you speak to our legal team, we’ll review your case in detail and advise you on your next possible steps.
Premises Liability Regulations In California
California Civil Code 1714 addresses premises liability by stating, “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.” The “want of ordinary care or skill” refers to negligence, which is the basis of all premise liability cases.
Negligence refers to the carelessness of a person causing harm to another. In the context of premises liability, a property owner is considered negligent if they allow a dangerous condition to exist on their property and fail to correct it. This negligence can make the property owner financially responsible for any injuries or losses suffered by the victim.
Negligence is closely linked to the concept of duty of care. This concept of duty of care is the first element you must establish in all personal injury cases. It refers to the level of caution and responsibility that is reasonably expected from a property owner. If a property owner has breached this duty, it can lead to accidents, forming the basis of a premises liability case.
Factors that can impact a property owner’s breach of duty of care are:
- Whether the owner knew about the hazard or defect.
- If they contributed to a dangerous condition or defect.
- Their obligation to decrease the risk.
- The foreseeability of injury.
These and other factors can significantly impact your case. If you have questions regarding how California law applies to your premises liability case, our Los Angeles premises liability lawyers are available to address your inquiries.
Property Owners’ Legal Duty Of Care Per California Law
California property owners owe a duty of care to visitors entering their property. They must protect visitors from hazards. Property owners must also make reasonable attempts to prevent hazards altogether. When a property owner becomes aware of a dangerous condition, they should give notice and make repairs. Otherwise, they can be held liable for any injuries a visitor suffers.
CACI No. 1001. Basic Duty of Care states, “A person who owns/leases/occupies/controls property is negligent if he or she fails to use reasonable care to keep the property in a reasonably safe condition.” These parties must also take steps to discover unsafe conditions, replace or repair them, or give warnings of potentially hazardous situations.
Who Can I Sue After An Injury On Someone’s Property?
If you suffered an injury on a property in Los Angeles, you can take legal action against an entity, company, or individual who is legally responsible for the property. The defendant(s) will vary depending on the circumstances of your accident. In some situations, there are multiple defendants who often own, lease, control, or occupy the property.
Some potential defendants in your case include:
- Landlord
- Homeowner
- Company
- Tenant
- Retailer
- Business owner
- Property management company
- Restaurant
- Employee
Liability can be tricky in these cases, depending on who is responsible or what the dangerous condition is. Typically, a party controlling the property can be liable for your injuries. They do not necessarily need to own or occupy the space for liability.
Another factor to consider is the kind of property on which the accident occurs. Other considerations include rental agreements and the property owner’s duty. In cases involving multiple defendants, it can be beneficial to consult a Los Angeles premises liability lawyer who can help gather evidence and assess liability. They can advise you on which parties you should pursue claims against for damages.
When Is A Los Angeles Property Owner Liable For Injuries?
Property owners are not automatically liable for injuries that occur on their premises. Their responsibility depends on the circumstances and the legal status of the person entering the property. Under California law, individuals invited onto the property for business or other purposes, known as invitees, are owed the highest duty of care. For invitees, property owners are generally expected to take reasonable steps to identify and address hazards, provide warnings, or post signage about potential dangers.
Trespassers fall into a gray area of premises liability law. Property owners generally owe them a lower duty of care, but there are important exceptions. For example, owners may not deliberately create hazards intended to harm trespassers. The duty of care may increase if the trespasser is a minor. Determining the extent of a property owner’s duty can be complex, and it is advisable to consult Los Angeles premises liability lawyers to assess how the law applies to a specific situation.
Attractive Nuisance Doctrine And Premises Liability
The attractive nuisance doctrine is a complex legal matter that applies to premises liability cases involving children. It involves a property owner’s responsibility regarding trespassing children. Under this doctrine, property owners can be held liable for injuries that trespassing children suffer if certain conditions are present. For instance, the property owner can be responsible if an object or situation attracts the child, like a swimming pool or trampoline.
This doctrine exists because of the idea that children cannot understand the risks posed by certain conditions. They do not always understand property lines. Therefore, property owners are responsible for removing objects or conditions that can attract minors. If a child is injured due to an attractive nuisance, the child’s guardians may have legal recourse to pursue compensation, depending on the circumstances and the property owner’s actions.
How To Prove Premises Liability
To pursue a premises liability claim, an injured party generally needs to provide evidence supporting their claim. The burden of proof rests with the individual alleging injury, who must show that the property owner may have contributed to or failed to prevent the incident.
Our Los Angeles premises liability lawyers can help establish negligence.
Four elements must be proven:
- The plaintiff must demonstrate that the defendant had control over the property at the time of the incident. Since ownership and control can change over time, documentation confirming control on the date of the incident is typically needed.
- The second element is showing negligence, meaning they may have been careless when they did not exercise due care or caution. You will also have to prove your status on the property, as this can determine the property owner’s duty to you. Status categories can be invitee, licensee, or trespasser.
- Plaintiffs must show the defendant was a substantial or direct factor in the incident. Proving negligence works in conjunction with breach of duty. If something else caused your injury, the defendant may not be responsible.
- Lastly, you will have to show that you suffered injuries during the accident. You can prove it by using medical records and photographs.
Our Los Angeles premises liability lawyers can help investigate the incident, gather evidence, and assess liability. They can help document and support the elements of negligence while building a legal argument to strengthen your case.
Evidence that can be used to support a premises liability case:
- Surveillance footage
- Photographs
- Accident reports
- Pay stubs
- Witness testimony
- Eyewitness statements
- Employment records
- Doctors’ letters
- Medical records
Our team can request, preserve, and present this and other evidence for you.
client suffered lower leg injuries– JUDD ROSS ALLEN
Types Of Damages Available In Los Angeles Premises Liability Cases
Damages are a central aspect of a premises liability claim. The following are three categories of damages injury victims can seek depending on the facts of the incident.
- Economic Damages — These cover measurable financial losses resulting from the accident, such as:
- Medical Bills
- Physical Therapy
- Chiropractic Care
- Medication
- Lost Income
- Legal Fees
- Travel Expenses
- Rehabilitation
- Property Repairs or Replacements
- Autobody shop repairs
- Non-Economic Damages — These compensate for intangible losses, such as the emotional distress you suffer from the accident. These include:
- Emotional distress
- Trauma
- Loss of quality or enjoyment of life
- Disfigurement
- Inconvenience
- Scars
- Pain and suffering
- Punitive Damages — These are determined by the court. Unlike the other two categories, these damages are not to help the victim but to punish the defendant. They appear in cases involving gross negligence.
If a loved one dies due to a premises accident, additional damages may be pursued through a wrongful death claim in California. These claims can include compensation for funeral and burial expenses, loss of financial support, and other losses to surviving family members.
The potential value of your claim varies depending on the various factors, including:
- Injury severity
- Insurance limits
- Health before the accident
- Recovery time
- Age
- Income
- The defendant’s actions
Because each case is unique, it can be helpful to discuss these factors with a Los Angeles premises liability lawyer, who can provide guidance on potential damages and the overall strength of your claim.
The Statute Of Limitations For Premises Liability
California has an allotted time in which you can file a premises liability case. It is known as the statute of limitations. You must adhere to these deadlines, or the court may dismiss your case.
According to California Code of Civil Procedure Section 335.1, the standard deadline is generally two years from the accident date. However, there are exceptions that can extend or alter this period. For example, if an injury is not immediately apparent, the statute may begin on the date the injury is discovered rather than the date of the incident. Other exceptions may apply depending on the circumstances.
Because of these nuances, it is important to consult with a premises liability attorney in Los Angeles promptly to help protect your rights and comply with applicable deadlines.
Speak With Our Los Angeles Premises Liability Lawyers
If you’ve experienced an injury on someone else’s property due to a negligent owner, you may have grounds to pursue legal action. Our premises liability lawyers in Los Angeles provide legal representation and guidance in the claims process. We can help you seek appropriate compensation for your lost income, medical expenses, and other damages. To discuss your situation, use our contact form or call Arash Law at (888) 488-1391 to schedule a free case review.
Our team assists victims throughout California, including in San Jose, San Francisco, Sacramento, San Diego, Bakersfield, Anaheim, Riverside, San Bernardino, Fresno, and Glendale. We are available to address any questions you may have.
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