When you are on someone else's property, you have the right and an expectation to be safe. Whether you were injured in a slip-and-fall accident in the supermarket or you tripped and fell on a broken stair on someone else's property, California premises liability laws give victims the right to recover compensation for their injuries and losses.
The experienced Los Angeles premises liability lawyers at the Vaziri Law Group know that these types of traumatic incidents have the potential to cause debilitating injuries that can leave you in physical pain and in a hole financially because of lost income and mounting medical bills.
Call us today to find out how we can help you with your Los Angeles premises liability case.
Table of Contents
- What Damages Can I Receive in a Premises Liability Case?
- Types of Premises Liability Cases We Handle
- What is Premises Liability: California Premises Liability Laws
- Who Can I Sue If I'm Injured on Someone Else's Property in Los Angeles?
- How Do You Prove Premises Liability?
- Contacting a Los Angeles Premises Liability Lawyer
What Damages Can I Receive in a Premises Liability Case?
If you have suffered injuries, you may be entitled to damages. Injured victims may seek compensation through premises liability claims for damages including:
Economic damages:
These are quantifiable losses connected to your accident and injury such as medical bills, cost of future surgeries, treatment or care, rehabilitative therapy, cost of medications, lost income, loss of earning capacity, legal fees and other tangible expenses.
Noneconomic damages:
These are losses that are not easily quantifiable such as the physical pain you suffered as a result of your injuries, the emotional distress the incident caused you and your loss of enjoyment in doing activities that you used to do prior to the accident. Trauma, loss of quality of life, loss of consortium, and scarring or disfigurement also fall under this category.
Punitive damages:
In some cases, punitive damages may be awarded in premises liability case. These types of damages are not meant to compensate the victim, but punish the defendant for acts that are particularly negligent and egregious.
If you lost a loved one in an incident, you may be able to seek compensation for wrongful death, which could cover damages including medical expenses, funeral costs, lost future income, and loss of love, care and companionship. The value or worth of a premises liability claim in Los Angeles depends on the nature and extent of the victim's injuries and the degree of negligence on the part of the defendant.
Types of Premises Liability Cases We Handle
Premises liability doesn't always mean slip-and-fall or trip-and-fall accidents. The Vaziri Law Group handles a number of different types of premises liability cases in Los Angeles including:
- Slip-and-fall and trip-and-fall accidents
- Dog bite cases and animal attacks
- Amusement park accidents
- Accidents in the workplace
- Swimming pool accidents (residential, hotel, water park, etc.)
- Elevator and escalator accidents
- Inadequate security
What is Premises Liability: California Premises Liability Laws
California Civil Code Section 1714 (a) states that property owners have a legal duty to keep their premises safe. This particular law requires property owners to repair hazards on the property or make sure that tenants, visitors or guests who enter the property have sufficient warning of any potential or existing hazards. The law covers homeowners, business owners and renters. The law essentially holds property owners and/or managers liable for any accident or injury that occurs on the property due to negligence.
Negligence refers to he property owner or manager's carelessness, which results in injury or harm to others. For example, under premises liability law, a property owner's negligence might manifest in a case where they knew the existence of a dangerous condition, but failed to take the proper steps to remedy the situation. In this scenario, the property owner can be held liable for the victim's injuries and losses.
Property owners also have a duty to care to individuals who are legally on their premises. This is the degree of care that a reasonable property owner would exercise in similar circumstances. When a property owner knew of the hazard on the property or failed to take action, that is considered a breach of duty of care.
Who Can I Sue If I'm Injured on Someone Else's Property in Los Angeles?
California laws allow victims who have been injured on someone else's property to hold the property owner, manager or an entity in charge of controlling the property, legally responsible for the accident and injuries. Here are some of the parties who can be held liable for your injuries, damages and losses:
- A landlord, individual property owner or a company that owns the property where your accident occurred.
- A tenant or renter whose negligence caused your injuries.
- A property management company that is responsible for maintaining the property.
- A business or company that occupies the space where your accident occurred such as a supermarket, restaurant, retailer or big box store.
- An employee whose negligence caused your injuries.
In addition to these parties, there may also be others who can be held liable with a premises liability claim in Los Angeles. Under premises liability law, victims only have to prove that the person or entity they are suing had control over the property at the time of the accident. Our Los Angeles premises liability lawyers can help you better understand your options in such scenarios.
How Do You Prove Premises Liability?
As with all personal injury lawsuits, the burden of proof rests with the plaintiff. This means it is up to you to prove the defendant's negligence. In order to be successful with your Los Angeles premises liability claim, you will be required to prove four main elements:
- That the defendant owned and controlled the property at the time of your accident. This accurately identifies the responsible person or entity and shows that they had a duty of care to you, the plaintiff.
- That the defendant breached that duty of care because of their negligence.
- That the defendant's negligence directly caused or was a significant factor in causing your injuries and harm.
- That you suffered compensable damages as a result of the property owner's negligence.
- You must show that you suffered injuries, damages and losses. This may require evidence such as medical bills, pay stubs to show loss of income, photos of your injuries, etc.
In addition to these parties, there may also be others who can be held liable with a premises liability claim in Los Angeles. Under premises liability law, victims only have to prove that the person or entity they are suing had control over the property at the time of the accident. Our Los Angeles premises liability lawyers can help you better understand your options in such scenarios.
Contacting a Los Angeles Premises Liability Lawyer
Under California law, victims have two years from the date of the injury to file a premises liability claim. The experienced Los Angeles premises liability attorneys at the Vaziri Law Group have a long and successful track record of fighting for your rights and helping you secure maximum compensation for your losses.
Contact us today at (310) 777-7540 to find out how we can help you.