Premises Liability Lawyer

Slide Blog

A PREMISES LIABILITY ATTORNEY CAN INCREASE YOUR CHANCES OF OBTAINING DAMAGES FOR YOUR CASE

Owners have a duty to keep their premises in a reasonably safe condition.  The owner of the property is expected under the law to use reasonable care to discover unsafe conditions and to fix or warn of a dangerous condition that could cause harm to others.  The law of premises liability includes injuries to people on either public or private premises, and can encompass several specific types of lawsuits such as animal bites, slip and falls, swimming pool accidents, or inadequate and hazardous maintenance of property fixtures.  

If you have been injured as the result of a dangerous condition on someone else’s property, you may be able to obtain monetary compensation to recover medical expenses, lost wages, pain and emotional suffering, long term disability, and other damages. Hiring an experienced and professional legal team will help you obtain the compensation you deserve.  Contact one of the most qualified and respected Los Angeles Premises Liability Lawyer teams today: Prosmushkin & Davis, PC.

A PREMISES LIABILITY ATTORNEY CAN INCREASE YOUR CHANCES OF OBTAINING DAMAGES FOR YOUR CASE

Under California law, property owners have a duty to keep their premises in a reasonably safe condition.  A person who owns, occupies or otherwise controls a piece of property can be found to be negligent if they fail to use reasonable care to keep the property in a safe condition.  The owner of the property is expected under the law to use reasonable care to discover unsafe conditions and to repair, replace, or warn of something that could cause harm to others.  If you have been injured as the result of a dangerous condition on someone else’s property, you may be able to obtain monetary compensation.  Contact a qualified Los Angeles Premises Liability Lawyer today, who will help you recover compensatory and other damages related to injuries caused by unsafe premises.

An experienced Premises Liability Lawyer will tell you that It is not uncommon for someone to sustain a severe or fatal injury due to unsafe conditions on someone’s property.  An unsafe condition may include, among other things, a slippery surface, uneven pavement, or inadequate lighting in a public or private area.  The law of premises liability includes injuries to people on either public or private premises, and can encompass several specific types of lawsuits such as animal bites, slip and falls, swimming pool accidents, or inadequate and hazardous maintenance of property fixtures. If you have been injured as the result of unsafe conditions on public or private property, an attorney at Prosmushkin and Davis, P.C. may be able to help.

Reasonable Care

Whether a property owner has used  reasonable care in securing the safety of the premises will depend on many factors, including:

  • The location of the property
  • The “attractiveness” of the property, such that people would be expected to enter it
  • The probability and seriousness of harm
  • Whether the owner knew or should have known of a dangerous condition 
  • The difficulty of protecting against the risk of such harm
  • The amount of control the property owner or person in control of the property has over the dangerous condition

This is not an all inclusive list and not all will apply to every case. A Premises Liability Lawyer will understand which are appropriate to the facts of your case.  

Homeowner’s insurance policies may cover some types of injuries that occur on the property.  Homeowners should review their policies to understand what is covered and what is not covered.  Insurance policies often exclude certain types of accidents such as dog bites from specific breeds, neglect or waste on the property, poor or unpermitted construction, and trampoline injuries.

Oftentimes, owners, landlords, and their insurance companies will do all that is within their power to minimize liability for their unsafe premises.  Defense attorneys will often try to redirect blame toward the victim who has been injured.  If a victim is found even partly responsible, it may limit his or her compensatory damages.  There are several defenses that are common to premises liability cases.  An experienced Premises Liability Lawyer will be prepared to respond to any of them.

Premises Liability Defenses:

  • Trespass – this defense may assert that you entered the property without lawful permission.  In defending a premises liability claim, a property owner will claim that you did not have lawful permission to be there at the time the accident occurred.
  • Open and Obvious – some jurisdictions allow the open and obvious defense.  This form of defense states that if a danger is so obvious that a person can see it, the condition itself serves as a warning, and the landowner is under no further duty to fix the condition.
  • Comparative Negligence – with this defense, defendants attempt to avoid liability by claiming that the injured person is partially or fully responsible for what happened.  Therefore, the theory goes, you should not recover damages arising from the dangerous property condition

Common situations that may give rise to premises liability lawsuits are:

  • Animal and Dog Bites – millions of people are bitten by animals every year.  Many of these bites will cause significant injuries that require medical care, long term rehabilitation, pain and suffering. Dog owners, and animal owners generally, are responsible for damages caused by their pets.
  • Dangerous Conditions and Hazardous Maintenance – owners should maintain their property by making reasonable repairs when necessary to avoid injuries to visitors of the property.  Common types of inadequate maintenance include broken fixtures, broken windows, uneven sidewalks, poorly lit common areas, loose handrails, and overgrown vegetation.  Dangerous conditions include poor construction, substandard building materials, or manufacturing defects.
  • Swimming Pools – private and public pool owners can be held liable if a swimmer is injured.  Public pool owners have additional state and federal safety rules they must follow.
  • Negligent Security – landowners have a duty to offer reasonable security measures and protect lawful visitors from foreseeable hazards or criminal activity.  Adequate security will depend upon the particular situation and property, which can vary case to case.  Some security measures could include appropriate lighting, functioning locks, security cameras or guards.
  • Attractive Nuisance – This often applies to children, but may be applicable in other situations as well, depending on the facts of the case.  A landowner could be held liable for injuries sustained by  a child who encounters a hazardous or dangerous condition on the property that the owner should have known would attract children.  Liability may apply even if the child is trespassing on the land if the child is determined to have been unable to appreciate the risk posed by the object or condition.

Damages:

Damages are defined as monetary compensation recovered by someone who has suffered loss or injury to his or her person, property, or rights through the unlawful act, omission, or negligence of another.  You may seek several forms of damages for economic and non-economic losses caused by the accident.  Economic damages may include medical expenses for current, ongoing or future treatment, current and future lost wages and earning capacity, and expenses related to repairing or replacing property damage.  Noneconomic damages compensate for losses that do not have a monetary value, such as disfigurement, pain, and emotional distress.  There is a third category of damages that are punitive.  Punitive damages are rare. The plaintiff, or person bringing the lawsuit to recover damages, must show that the defendant’s recklessness resulted in catastrophic injuries or wrongful death, that they knowingly destroyed evidence of liability, or they intentionally caused the accident or injury.  If the accident has caused a fatality, some surviving family members, such as a spouse or child, may have a claim for wrongful death damages.  Wrongful death damages include funeral expenses, financial support due to the lost income of the victim, and compensation for the loss of familial companionship. 

At the end of the day, the liability imposed upon property owners and operators is one of negligence. The question is usually whether the property was managed reasonably under the circumstances. As stated, several things are taken into account when coming to this determination, such as the probability and seriousness of an injury occurring,  effort and expense of removing a hazard, the property’s location, and the amount of control the owner exercises over the condition of the property.  Hiring an experienced and professional legal team will help you obtain the compensation you deserve. Contact the best Los Angeles Premises Liability Lawyer team today: Prosmushkin & Davis, PC.

(323) 366-4126