Do You Have a Premises Liability Claim?

Do You Have a Premises Liability Claim?

Sometimes, property injuries happen despite the landowner’s best efforts to remove hazards or warn people of their presence. Intent alone, however, does not absolve someone of the responsibility to maintain safe premises.

When accidents happen, you need the services and support of a Los Angeles premises liability attorney. A lawyer works in your best interest and advises you on the best course of action to take for your premises claim.

Whether someone visits public or private property, they reasonably expect protection from hazards. Although accidents happen, Los Angeles law differentiates an unpreventable accident from an instance where someone can reasonably prevent injury but fails to do so.

What are Premises Liability Attorneys?

A liability attorney is a legal professional who helps accident victims recover damages from the proprietor. Premises liability lawyers work to protect the legal rights of their clients, especially in complex cases.

Since not all accidents qualify for a claim in a liability case, an attorney expertly evaluates your case and informs you of your legal options. The owner or insurance company will attempt to reduce the money they pay victims. Several factors must be present for the Los Angeles court to validate liability cases.

A premises liability attorney representative who works to fight for your rights significantly increases your chances of a fair payout or settlement.

What is a Premises Liability Claim?

Victims file premises liability claims if they sustain injury from an accident on someone else’s property. Landowners must always take reasonable precautions to ensure their property is safe for visitors. Whether you own a business or private property like your home, these places must be free of hazards to protect anyone who visits.

When a property does not undergo regular maintenance, it can be dangerous for visitors. For example, an owner who knows that the roof of their business needs replacement but fails to do so exposes the business’s customers to a safety hazard. If the ceiling collapses or shingles fall on passersby, their customers can file premises liability claims, especially if they sustain physical injury.

Types of Premises Liability Accidents

Slip and Fall Accidents

Media coverage of sensational cases causes some people to think of premises liability cases as typical slip-and-fall accidents. While these accidents commonly cause injury, people can get hurt on someone else’s property due to various other issues and incidents.

Lack of Security

Proprietors must ensure that their property has reasonable security measures that protect visitors. The landlord of a home in a neighborhood with a high crime rate must reasonably secure the property from crime. The landlord may take measures such as installing adequate lighting, security fencing, or surveillance.

Other Accidents

Different types of accidents happen on business premises that don’t involve slip and fall injuries. A supermarket may not have its products set up safely, such as in an unstable display, which causes a heavy object to fall on a customer’s head. A construction site may not have ample warning signs around the area to keep pedestrians out of harm’s way.

Animal Attacks

An animal owner in Los Angeles assumes liability if their pet attacks a person and causes injury. For instance, a person who knows that their pet is prone to biting and fails to muzzle it is not taking reasonable precautions and places others at risk.

Elevators and Escalators

Elevators and electric staircases are the responsibility of the landowner. These systems must receive regular maintenance, and specific laws govern their operation and safety protocol. Sometimes, it is not the fault of the owner of the premises but the company that does maintenance for the property who is at fault. An attorney examines the evidence to determine who is at fault and may also bring a case against a third party.

Hazards on the Premises

Some owners have several safety hazards on their property that they do not remove. You may slip, fall, burn yourself, or even suffer damage from the lack of lighting on the premises. Los Angeles premises liability cases have different outcomes depending on specific factors, and some involve more than one type of claim. Since each case is unique, you must work with a Los Angeles law firm with experience handling premises liability cases.

Are Property Owners Always at Fault?

Even if a visitor suffers injuries in an accident on another person’s property, the court may not always find the owner at fault. Most landowners do their best to ensure that their premises are safe and free of hazards. If they take the necessary precautions to keep their visitors safe, these precautions help them fight a claim made against them.

When a claim against a Los Angeles proprietor involves a question of negligence, the court examines factors such as reputation and maintenance history. The court may waive liability if the owner does everything possible to maintain their premises and has evidence to support that claim.

Do Visitors Have an Obligation to be Vigilant?

In some cases, visitors do not have valid premises liability cases if they do not take precautions to maintain their safety. The court may have ample evidence that a property hazard exists, but if the visitor does not heed safety warnings, that can compromise their case.

Likewise, if the visitor is trespassing, they place liability upon themselves, although some laws protect them from unnecessary death or suffering. For example, suppose a business or homeowner places many visible signs in the area to warn visitors about a hole, animal, or hazard. In that case, the visitor must be vigilant and responsible. If the visitor ignores these warnings, the landowner may not be responsible for the injury.

What are the Benefits of Hiring a Premise Liability Lawyer?

When you want to file a liability claim, several factors impact your final compensation. Our Los Angeles premises liability attorneys at Adamson Ahdoot LLP clearly and candidly explain your options. We diligently fight for the best possible outcome for your case and work to get you the compensation you deserve.

Although most accidents are not life-threatening, some cases that involve premises liability can have long-term impacts on a person’s health. Debilitating injuries may lead to outcomes that severely affect quality of life. The loss of income, health, and other factors cause an unnecessary burden for the injured party.

If you were involved in an accident on another person’s property, you deserve compensation for your injuries and the representation of an expert premise liability attorney. You don’t have to settle for less as a victim of a premises liability accident.

Understanding Liability Law

Legal Definitions and Standards

Liability law holds landowners and residents liable for accidents and injuries that occur on their property. The standards for premises liability differ from state to state, but generally, a victim must prove that the proprietor was negligent in maintaining the property. Negligence involves failing to act with the level of care a reasonable person would have in the same situation.

Common Premises Liability Injuries

Premises liability injuries can range from minor bruises and sprains to severe injuries such as broken bones, head trauma, and spinal cord injuries. In some cases, premises liability ailments can lead to long-term disability or even death. Common premises liability damage includes slip and fall accidents, dog bites, and injuries from falling objects.

Filing a Premises Liability Lawsuit

To file a premises liability lawsuit, you must prove that the owner’s negligence caused your injury. This involves gathering evidence such as witness statements, medical records, and accident reports. An experienced attorney can help you gather and present this evidence to build a strong case.

Seeking Compensation for Premises Liability Injuries

Victims of premises liability ailments may be entitled to compensation for their medical bills, lost wages, and pain and suffering. In some cases, victims may also be entitled to punitive damages intended to punish the proprietor for particularly egregious conduct. An experienced attorney can help you seek the maximum compensation for your injuries.

Factors Affecting Premises Liability Cases

Determining Liability

Determining liability in a premises liability case can be complex. It involves examining factors such as the landowner’s duty of care, the foreseeability of the accident, and the victim’s actions. A seasoned attorney can help you navigate these complexities and build a strong case.

Common Defenses in Premises Liability Cases

Owners often use several defenses in premises liability cases. These include arguing that the victim was trespassing, that the hazard was open and obvious, or that the victim was comparatively negligent. An experienced attorney can help you counter these defenses and prove that the proprietor was at fault.

The Role of Expert Witnesses

Expert witnesses can play a crucial role in premises liability cases. They can provide testimony on issues such as the standard of care, the cause of the accident, and the extent of the victim’s injuries. A seasoned attorney can help you identify and retain expert witnesses for your case.

The Importance of Timely Action

Premises liability cases are subject to statutes of limitations, which limit the amount of time you have to file a lawsuit. It is important to take timely action to preserve your right to seek compensation. A seasoned attorney can help you understand the deadlines that apply to your case and protect your rights.

Statistics on Premises Liability Cases

Frequency of Premises Liability Claims

Premises liability claims are common. According to the National Safety Council, falls are one of the leading causes of unintentional injuries in the United States. Each year, millions of people visit emergency rooms due to injuries sustained on someone else’s property.

Impact of Premises Liability Injuries

Premises liability injuries can significantly impact victims and their families. In addition to physical pain and suffering, victims may face financial hardships due to medical costs and lost wages. Long-term injuries can also lead to ongoing medical expenses and reduced earning capacity.

Success Rates in Premises Liability Lawsuits

The success rates in premises liability lawsuits can vary depending on the facts of the case and the quality of the evidence presented. However, with the help of a seasoned attorney, many victims can successfully obtain compensation for their injuries.

Additional Considerations in Premises Liability Cases

Injuries on Commercial Properties

Accidents on commercial properties can involve unique challenges. Businesses must ensure the safety of their premises for both customers and employees. When an accident occurs on commercial property, determining liability can involve complex factors such as business practices, employee actions, and corporate policies. A veteran attorney can help navigate these complexities and ensure a fair outcome.

Long-Term Impacts of Injuries

Long-term injuries from premises accidents can significantly alter a victim’s life. From physical therapy to ongoing medical treatments, the costs can be substantial. Victims may also face emotional pain and suffering due to the impact of their injuries on their daily lives. Seeking compensation for these long-term effects is crucial for ensuring victims can manage their future needs.

Importance of Documentation

Thorough documentation is essential in premises liability cases. This includes gathering all relevant medical records, witness statements, and accident reports. Proper documentation can strengthen your case and help prove the extent of your injuries and the owner’s negligence. Working with an attorney ensures that all necessary documentation is collected and presented effectively.

Contact a Los Angeles Premises Liability Attorney Today

If you have been injured on someone else’s property, seeking legal advice as soon as possible is important. Our experienced Los Angeles premises liability attorneys can help you understand your rights and pursue the compensation you deserve.