Property accidents can happen anywhere. A trip and fall in a grocery aisle, a misstep on broken stairs, or an injury caused by falling objects at a construction site may all qualify as premises liability. When a property owner overlooks safety, the result often leaves lasting physical and financial strain.
Every state has its own laws, and California’s focus on preventability over guest relations. A premises liability lawyer in Los Angeles can help you understand how the law protects you. Our team of attorneys at Vaziri Law LLP, work with the community to handle property-related injury cases across Los Angeles.
Key Points
- Premises liability applies to any private and public place as long as there is enough evidence to prove the owner failed to safeguard the property
- Premises liability can overlap with other personal injury cases like dog bites and chemical exposure
- Learning who can be deemed a trespasser and who cannot can go a long way in determining the strength of a case
- A Los Angeles premises liability lawyer is ready to help you get the compensation you deserve
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What is Premises Liability?
Premises liability holds property owners responsible for any injuries caused by failing to keep their spaces safe for visitors, tenants, and customers. If a property owner ignores hazards and/or fails to repair problem areas, they can be held liable for any damages someone suffers due to their negligence.
California Premises Liability Laws
California Civil Code §1714 requires property owners to maintain safe premises for all visitors and/or tenants. A property owner must inspect for hazards, repair unsafe areas, and warn about dangers that cannot be fixed immediately. Failure to meet these obligations can lead to liability for injuries.
It’s important to note that property owners are not responsible for all injuries that happen on their properties. This is where having a premises liability lawyer comes in handy. Our attorneys gather evidence to prove negligence and work with medical experts to document both current and future medical expenses linked to the unsafe property conditions.
Types of Premises Liability Cases
Every premises liability case is different due to location, but they all share one common element: a preventable injury. Some of the most common types of premises liability lawsuits come from an owner’s failure to meet safety standards.
Slip and Fall Accidents
Slip and fall accidents are the most common accidents a premises liability lawyer will investigate. These happen when property owners fail to clean up spills, fix uneven flooring, or address walkways.
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Negligent Security Claims
When property owners don’t provide adequate security measures, they may be liable for criminal acts on their property. While they cannot prevent crime, they can deter a potential crime by fixing lighting in parking lots and broken locks. In high-crime areas, hiring a security guard can also prevent guests from being injured on the premises.
Dog Bites and Animal Attacks
Property owners are responsible for controlling their pets or other animals on the property. If a dog or any other animal attacks you in public or on or off private property, the pet’s owner and/or property owner may be liable for any injuries.
Elevator and Escalator Accidents
Malfunctioning elevators and escalators can cause serious injuries. For example, getting a piece of clothing caught on an escalator’s handrails can leave you without that piece of clothing in a best-case scenario or with a serious injury in the worst. Property owners and management companies must regularly maintain this equipment to avoid injuries.
Swimming Pool Accidents
Swimming pools can be risky areas, especially for children. Property owners must enclose their pools within a fence, post warning signs, have a lifeguard at public pools, and overall maintain a safe area for all visitors.
Construction Site Accidents
Construction sites are full of dangers. Property owners and contactors must ensure that these zones have the proper signage and that equipment is used properly to avoid injury. Falling objects, open trenches, and equipment failures all pose the threat of severe injuries to both workers and visitors.
Fire and Explosion Accidents
Failing to maintain electrical systems, gas lines, and machinery can lead to fires and explosions. These incidents can lead to severe injuries, extensive property damage, and can potentially cause wrongful deaths.
Common Injuries in Premises Liability Accidents
Premises liability accidents can lead to long-term physical, emotional, and financial damages. Some of the common injuries in these accidents are:
Burns
Fires from faulty wiring and chemical exposures can cause burns that could require skin grafts that result in scars.
Spinal Cord Injuries
Falls can damage the spine and lead to partial or complete paralysis. Spinal cord injuries need extensive medical care, home renovations, and personal assistance.
Broken Bones
Broken bones are common in premises liability accidents. While some completely heal, complex breaks can cause permanent damage. Elderly people face greater risks from falling and fracturing bones.
Traumatic Brain Injuries
Sometimes, people fall and hit their heads. Depending on the severity of the collision, someone can experience a concussion or develop a traumatic brain injury.
Amputations
Accidents in the workplace, especially those with heavy machinery, can lead to amputation. This can happen at the scene or as a part of medical treatment.
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How to Prove Liability in a Premises Liability Claim
Proving someone is liable for your damages requires your attorney to prove specific elements. Our team of Los Angeles premises liability lawyers can help you build a strong case.
- Duty of care. California law states that everyone must abide by a standard duty of care. This means acting in a way that would foreseeably avoid injuring others.
- Breach of duty. This implies that someone failed to provide the standard of care. This can mean failing to do repairs, regular maintenance, and/or keeping your pets under control.
- Causation. When investigating a case, attorneys will use evidence to determine what was the root cause of the injury and use that to prove negligence in a case.
- Damages. Filing a case not only requires causation, but proof of damages. Linking the causation of the accident to your damages allows us to make a stronger case on your behalf.
Parties Protected Under Duty of Care
When handling a premises liability case, tenants, customers, delivery people, mail carriers, and any visitors are owed duty of care. In some cases, even trespassers are owed a duty of care to some extent.
How are Trespassers Protected?
Trespassing is the act of entering or staying on someone’s property without permission. This can apply to people who stay in stores past closing time all the way to people who break in and enter buildings after hours. However, depending on the circumstances for trespassing, a trespasser can be protected by the law. Protections only apply in these situations:
- Emergencies. If someone enters a property to either prevent harm or respond to an emergency, they are protected.
- Law enforcement. If an officer enters a property with a warrant, they are protected.
- Utility workers. Utility personnel can enter a property to check gas, water, and electricity.
- Public easement. If cutting through your property is the only way for the public to access a public area like a park, then people are protected. This only applies if they’re going to the public area, not lingering around.
Attractive Nuisance
In cases where children are the trespassers, the attractive nuisance doctrine can apply. This doctrine states that a property owner may be held liable for any injuries a child sustains on their property if the object attracts a child’s interest. This can apply to the following objects:
- Swimming pools
- Trampolines
- Playground sets
- Ponds
- Tree houses
- Old vehicles
However, these cases are taken on a case-by-case basis as attorneys could argue a child of a certain age would know about pool safety to some extent.
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Who Can Be Held Liable in a Premises Liability Case?
In premises liability cases, multiple parties may share responsibility for your accident. Identifying all liable parties is key to maximizing your compensation. The following is a list of common parties that can be held liable in a premises liability case:
- Property owners
- Maintenance companies
- Event organizers
- Security companies
- Landlords
- Tenants
- Business owners
- Government entities
Recoverable Damages in a Premises Liability Case
In a premises liability case, your economic and non-economic damages can be compensated. Economic damages are calculable expenses such as medical treatment, home renovations to accommodate injuries, and/or lost wages. Non-economic damage refers to psychological damage like the development of PTSD, anxiety, loss of enjoyment, and any other psychological damage that occurs due to the destabilization of your life.
Punitive Damages
If the property owner is found to have ignored glaring issues that directly lead to your injury, they can be fined punitive damages. This is a fine given to the property owner to punish them for failing to address the safety issue that caused your injury. This fine is awarded to you as an additional award and it does not count as a part of your initial compensation package.
How a California Premises Liability Lawyer Can Help
Our Los Angeles premises liability attorneys help clients pursue fair compensation after an injury. We review every detail of the case to hold the responsible parties responsible for the unsafe conditions that caused harm.
We use strong evidence to prove negligence. Our team uses accident reports, medical records, witness statements, and footage to confirm an event occurred. We have access to experts who help us identify hazardous conditions and building code violations that help us make your case stronger.
Benefits of Hiring an Experienced Premises Liability Attorney
Partnering with an attorney can not only get you access to strong legal guidance, but we can also help you negotiate your settlement claim. Our team offers the experience and resources needed to guide clients through every stage of the process.
- Pursue max compensation: We calculate every category of loss, including recovery expenses, future treatment costs, lost income, and other psychological damages to pursue fair compensation for your injuries.
- Challenge insurers: Our attorneys challenge low settlement offers and rely on evidence that reflects the true impact of your injuries.
- Meticulously handle paperwork: We handle deadlines, documentation, and court filings so clients can focus on healing.
Whether your injuries were a result of an exposure to hazardous conditions or negligent security, our Los Angeles premises liability lawyers are ready to help. Contact us for a free consultation to discuss your options under California premises liability law.
How to Collect Evidence in a Premises Liability Case
Every premises liability case will require evidence; however, depending on the accident, you may have more evidence than you think. The following steps can help provide some insight into what can be used to prove a premises liability case.
- Documentation. Premises liability cases require evidence that the negligent parties were aware of the problem. E-mails, maintenance records, and other official reports can go a long way in proving a property owner was aware of the problem prior to the injury.
- Photos. Photos of the accident scene that include the hazard that caused the injury, surrounding conditions, and in some cases, the injury itself (like a dog bite) can help prove your case and provide attorneys with visuals to support your claim.
- Videos. Surveillance footage or any videos can show the actions of the injured party prior to the incident, which can help an attorney make a stronger case.
- Incident report. If you were injured in a public place like a store, restaurant, or office building, find a manager and file an incident report with them. This report should contain key details that led to your injury and make sure to get a copy of the report for your own records.
- Witness statements. If there were people around at the time of the accident, ask if you could get their testimony. If they say yes, collect their contact information and present it to your attorney.
- Medical bills. After an injury, it’s highly recommended to visit the doctor, even if you feel fine. Injuries don’t immediately manifest, but creating a paper trail documenting your recovery process from the injury is a good idea.
Why Partner with Us?
Navigating a claim can be a stressful ordeal. Recovering from your injuries, negotiating with insurers, and ensuring you’re being offered fair compensation can be overwhelming. This is why partnering with an attorney can help.
Our team at Vaziri Law LLP is full of experienced and skilled premises liability attorneys who pursue negligent property owners who fail to maintain safe conditions. We use our network full of top specialists in medicine, accident reconstruction, and economics, to ensure every aspect of your claim is supported by credible expert testimony. We diligently work with precision so you can focus on your recovery.
Review our premises liability case results to see how we’ve helped past clients.
Personalized Focus on Your Case
We intentionally limit our caseload. We do this to ensure that every client we partner with receives direct attorney access. You won’t be handed off to a paralegal or left waiting days for a callback. When you have a question about a settlement offer, a deposition, or a court date, you’ll directly speak with the lawyer managing your case.
Our Fees
Our team works on a contingency fee. We cover any upfront costs when taking your case, and we only collect a fee if we win your case. This fee is usually between 30% and40% of your compensation. Before officially partnering with an attorney, ask them about their fees.
Frequently Asked Questions
What Happens If Someone Was Injured on My Property?
That depends on the accident in question. If someone slipped or if your dog bit them, you can be held liable. If you failed to put signage up warning visitors of potential hazards, you could also be held liable. The same applies if you knew you had a potential hazard and failed to acknowledge it.
What if My Friend Was Injured?
This is where it gets tricky. If your friend decides to file a claim against you, they must provide evidence that they weren’t aware of certain dangers. It’s best for them to consult with an attorney to determine if they have a case against you.
Why Are Property Owners Liable for Someone Else’s Pet?
When renting out to tenants, property owners have a responsibility to know what happens on their properties. This includes learning about potentially dangerous pets. If a property owner knows they have a tenant with a pet who has attacked people unprovoked before, then they can be held liable since they knew and did nothing about it.
To avoid this, some owners refuse to rent to people with big dogs, and others put restrictions on the size of dogs that can be on the property.
How Do Signs Prevent Liability for Property Owners?
Signs like ‘no trespassers’, ‘beware of dog’, and ‘smile you’re on camera’ are all ways property owners can protect themselves from liability in a case. Having a sign in a visible area removes the idea that a trespasser did not see the sign; therefore, eliminating their claim of your negligence.
Can I File a Case Against my Landlord for Mold Exposure?
Yes. If you’ve filed reports with your landlord and can show the evidence that your landlord failed to address the mold, then you have a strong claim for a successful case. Speak to an attorney to learn how to move forward with a case.
How Long Do I Have to File a Premises Liability Claim in California?
Most premises liability cases can be filed up to two years after the incident. It’s highly recommended to start the process after the accident to avoid the loss of evidence. In cases involving government property, an administrative filing must be submitted within six months of the incident. Failure to do so will lead to a void claim.
What if I Was Partially Responsible for My Accident?
That’s more likely than you think. California follows comparative negligence laws, which means everyone involved in an accident is responsible to some extent. Attorneys use evidence to determine who is responsible for what percentage of the accident.
How Much Compensation Can I Recover?
This means you can recover compensation, even if you’re responsible for some part of the accident. However, your total compensation is reduced by your percentage of fault. For example, if you’re responsible for 30% of an accident, you can recover 70% of your initial compensation.
Can I File a Wrongful Death Suit If a Loved One Passes on a Property?
Yes. If your loved one passed on a property due to a lack of protection, you may have a case. Collect as much evidence as possible and meet with an attorney to find out if you can file a successful case.
I Was Assaulted on a Property, Can I File a Case Against the Property Owner?
That depends on the property and the nature of the assault. For example, if you were assaulted at a concert venue where there are security checks prior to entering, and the team failed to detect a weapon on someone, then yes, you may have a strong case. However, you will need to consult an attorney to determine if you have a case.
How Long Will My Premises Liability Case Take?
Every case is different. Simple claims can take a month. However, complex cases can take over a year. In rare cases, you may also have to appear in court to make your case. Fortunately, going to trial is rare, and if you do go to trial, your attorney will prepare you well in advance.
Contact a Premises Liability Lawyer Today!
Injuries stemming from unsafe properties require an attorney with experience and knowledge of Los Angeles premises liability laws. Our team at Vaziri Law LLP has over 200 years of combined experience that we apply to our cases. Our attorneys use proven strategies to hold negligent property owners accountable for the harm they caused.
Our attorneys are available and ready to meet with you. Contact us today to schedule your free consultation.
