Los Angeles Premises Liability Lawyers
- Why Choose Arash Law for Your Premises Liability Claim?
- What Is Premises Liability?
- How Los Angeles Premises Liability Attorneys Can Help
- The Differences Between Premises Liability and Personal Liability
- Types of Premises Liability Cases Our Los Angeles Premises Liability Lawyers Handle
- Common Causes of Premises Liability Accidents in Los Angeles
- What Are Some Common Injuries in Premises Liability Accidents?
- What Damages Can I Receive in A Premises Liability Claim?
- What Should I Do After A Premises Liability Accident in Los Angeles?
- Premises Liability Regulations in California
- Property Owners’ Legal Duty of Care per California Law
- Who Can I Sue After An Injury on Someone’s Property?
- When Is A Los Angeles Property Owner Liable for Injuries?
- Attractive Nuisance Doctrine and Premises Liability
- How to Prove Premises Liability
- Los Angeles Premises Liability Damages
- The Statute of Limitations for Premises Liability
Accidents Happen. We Can Help with our Los Angeles Premises Liability Lawyers
Property owners are legally obligated to protect you from apparent and hidden hazards, including property defects, wet floors, or other dangerous conditions. Premises liability is complex because the property owner can attempt to plead ignorance about the situation that caused your injuries. In this case, you need the help of our Los Angeles premises liability lawyers to help you prove their negligence. Call us at Arash Law (888) 488-1391 today. We offer free consultations to address your concerns and inform you of your legal rights.
Los Angeles is the largest city in California and the second most populated 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 must speak with premises liability lawyers Los Angeles relies on.
Property owners and management groups in Los Angeles must meet all local, state, and federal laws and regulations regarding property safety. Rules will 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 must speak to one of our Los Angeles premises liability attorneys at Arash Law, founded by famous attorney Arash Khorsandi, Esq., 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 one of the leading law firms 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.
We offer free initial consultations for premises liability victims. Our contingency fee basis also offers peace of mind, as you will not pay for our services out of pocket. Instead, the legal fees are taken out of your settlement.
If we do not win, you do not pay. 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. Schedule a free initial consultation by calling (888) 488-1391 today.
What Is Premises Liability?
The term ‘premises liability’ refers to an accident on someone else’s property that leads to an injury. It is typically due to an unsafe condition, with some negligence involved. It falls under the personal injury spectrum but has unique conditions and regulations. These special conditions regard the property owner’s legal responsibility and what happens when someone suffers an injury.
Property owners in Los Angeles are legally required to maintain reasonably safe premises and are financially responsible for any injuries a victim suffers when they fail this duty. In a premises liability case, skilled Los Angeles premises liability lawyers must show the following factors in your claim:
- 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.
Without these essential elements, you will have difficulty getting compensation for your losses. But don’t worry because Arash Law has experience handling these cases. Our premises liability lawyers in Los Angeles will uncover the necessary evidence to prove each element.
How Los Angeles Premises Liability Attorneys Can Help
The Differences Between Premises Liability and Personal Liability
Premises liability holds a business or individual liable when an injury occurs on their property due to an unsafe condition. Most often, you will see cases involving supermarkets and other retail chains. If unsure how the differences impact your case, speak to our Los Angeles personal injury attorneys.
Types of Premises Liability Cases Our Los Angeles Premises Liability Lawyers Handle
- Dog bites
- Child injuries
- Workplace accidents
- Structural collapse
- Amusement park accidents
- Elevator and escalator accidents
- Store or restaurant accidents
- Toxic substance exposure
- Swimming pool accidents
- Negligent security
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
- Lack of lifeguard on duty
- Snow and ice falls
A slew of other dangerous conditions can cause a premises liability injury. Whether your situation is listed here or you have another cause, you must speak with our Los Angeles premises liability lawyers.
What Are Some Common Injuries in Premises Liability Accidents?
Much of your claim will depend on your injuries. You can pursue damages if you suffer injuries or a loved one dies in an accident. Since premise liability accidents encompass various causes and accident types, injuries also vary. Among the most common injuries in Los Angeles premises liability cases are:
Injuries can depend on how the situation occurs and the accident’s severity. Some injuries will heal with minimally invasive procedures. Others require extensive procedures, including injections, surgeries, and in-home nursing care. Your claim will heavily rely on your condition and treatment plan.
What Damages Can I Receive in A Premises Liability Claim?
Premises liability claims have similar damage awards as other personal injury cases. Since the damages are often more extensive, it is vital to understand what you are entitled to. It is also essential to have a realistic estimate of your case worth. Among the damages our Los Angeles premises liability attorneys will fight for are the following:
- 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. Some are short-term, and others are long-term losses. Your injury’s severity will dictate your time off work and lost income.
- Property damage – If any of your property was damaged or lost from the accident, you can recover 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 will depend on the severity and extent of your injuries. We will determine compensatory damages for pain and suffering. If you have a permanent injury that requires changing your routine and lifestyle, you will likely have a higher claim than for a minor injury.
- Loss of consortium – This category of damages will cover 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 will have to make psychological adjustments after an injury from premises liability. You can be diagnosed with anxiety, depression, and post-traumatic stress disorder.
What Should I Do After A Premises Liability Accident in Los Angeles?
- Call the police and first responders – You must alert the property owner that you suffered an injury. They will file an internal report detailing the events. You must also contact the police and first responders for a police report and medical evaluation. Police officers will have an unbiased view of what caused your injuries. Conversely, when the property owner files their report, it will likely favor them, leading to lower negligence and damages.
- 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. The sooner you get treatment, the better for your case.
- Document evidence at the scene – Take pictures using your phone and get contact information for any witnesses. These actions are vital to building your case.
- Ignore the insurance company – Immediately following the accident, an insurance adjuster will try contacting you to repeatedly offer you settlements. When they are eager to settle, it is a bad sign, and you should ignore their calls. Refrain from accepting any offers until you get legal counsel.
- Consult with Los Angeles premises liability lawyers – The best and most important step you can take is to get legal counsel. Our premises liability lawyers will negotiate 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 options.
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 of skill” refers to negligence, which is the basis of all premise liability cases.
The most important aspect of these cases is negligence. It refers to the carelessness of a person causing harm to another. Regarding premises liability, a property owner who allows a dangerous condition on their property and fails to remedy it is negligent. The negligence makes the property manager financially responsible for the victim’s losses.
Negligence also works in tandem with the 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 amount of care that is reasonably expected from a property owner. If a property owner has breached this duty, it leads to accidents, and you have a premise 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 will significantly impact your case. If you have questions regarding how California law applies to your premises liability case, speak to one of our Los Angeles premises liability lawyers today.
Property Owners' Legal Duty of Care per California Law
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, repair, or give warnings of potentially hazardous situations.
Who Can I Sue After An Injury on Someone’s Property?
- Business owner
- Property management company
When Is A Los Angeles Property Owner Liable for Injuries?
Attractive Nuisance Doctrine and Premises Liability
How to Prove Premises Liability
You must have convincing evidence that the defendant was at fault by 51% or more. Our Los Angeles premises liability lawyers from Arash Law will help establish responsibility.
- The first thing to prove is that the defendant controlled the Los Angeles property. It is essential to show they were the owner when the accident occurred. Since ownership can change periodically, evidence of ownership from the accident date is needed.
- The second element is showing negligence, meaning they were careless when they did not exercise due care or caution. You will also have to prove your status on the property since that will determine the property owner’s duty to you. Status categories can be invitee, licensee, or trespasser.
- Often, the most contentious element is negligence. 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 is not responsible.
- Lastly, you will have to show you suffered injuries during the accident. You can prove it by using medical records and photographs.
- Surveillance footage
- Accident reports
- Pay stubs
- Expert witness testimony
- Eyewitness statements
- Employment records
- Doctors letters
- Medical records
Our team will request, preserve, and present this and other evidence for you.
client suffered lower leg injuries– JUDD ROSS ALLEN
Los Angeles Premises Liability Damages
- Economic Damages – These are tangible expenses stemming from your premises accident, including:
- Medical Bills
- Physical Therapy
- Chiropractic Care
- Lost Income
- Legal Fees
- Travel Expenses
- Property Repairs or Replacements
- Autobody shop repairs
- Non-Economic Damages – Intangible losses such as the emotional distress you suffer from the accident. These include:
- Emotional distress
- Loss of quality or enjoyment of life
- 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.
- Injury severity
- Insurance limits
- Health before the accident
- Recovery time
- The defendant’s actions
The Statute of Limitations for Premises Liability
California has a maximum 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 will automatically reject your claim.
According to California Code of Civil Procedure Section 335.1, that deadline is two years from the accident date. One exception that can delay this deadline is if you notice your injury after the accident. The day you discover the injury will start your clock, not the accident date. Even so, proving this can be very challenging, and you must move quickly. Instead of worrying about missing a deadline, talk to one of our premises liability attorneys in Los Angeles today.
Speak Our with Los Angeles Premises Liability Lawyers Immediately
If you’ve experienced an injury on someone else’s property due to a negligent owner, it’s vital to take immediate legal action. You may recover compensation for lost income, medical expenses resulting from your injuries, and other damages. To protect yourself and your injury claim, use our contact form or call Arash Law at (888) 488-1391 to schedule a free case review.
Our premises liability lawyers Los Angeles trusts also assist victims throughout California, including San Jose, San Francisco, Sacramento, San Diego, Bakersfield, Anaheim, Riverside, San Bernardino, Fresno, and Glendale. We are available anytime and anywhere you are. Call us today and experience the best legal representation for your premises liability case.