Unforeseen events can unfold in unexpected places, often turning a stranger’s space into a stage for mishaps. When such accidents occur, understanding liability and Los Angeles premises liability lawyer is crucial. This knowledge can help you navigate legal matters if you get injured on another person’s property.
In this blog, we’ll understand the intricacies of these laws with insights from a seasoned premises liability lawyer in California.
Liability and Your Rights
Liability signifies the legal accountability for an action or inaction that causes harm to another person. In the context of premises liability, property owners have an agreement of care to ensure their premises are safe for visitors. If they fail in this responsibility and somebody gets hurt, they may be liable for the injuries.
Types of Premises Liability Cases
- Slip and Fall Accidents: These cases involve premises liability frequently. They happen when someone trips, falls, or slips on a hazardous part of the property. These may be the result of a poorly maintained pathway, uneven pavements, or damp flooring.
- Inadequate Security: Property owners must provide practical security methods to protect visitors from foreseeable harm. If inadequate security leads to harm, the property owner may be liable.
- Dog Bites: In California, the law holds dog owners liable for wounds caused by their dogs, even if the dog has no history of aggression. It falls under premises liability when the bite occurs on the owner’s property.
- Elevator and Escalator Accidents: Property owners must ensure that all elevators and escalators in the building are properly maintained to prevent accidents and injuries.
- Dangerous Conditions: Hazardous conditions like broken stairs, faulty railings, or exposed wiring can lead to injuries. Property owners should address these dangers promptly.
Proving Negligence
To succeed in a premises liability case, you typically must prove negligence on the property owner’s part. You can signify negligence by the following:
- Duty of Care: The owners had a legitimate obligation to ensure the safety of visitors.
- Breach of Duty: The owner failed to meet this duty, either through actions (e.g., failure to fix a known hazard) or inaction (e.g., failure to inspect and maintain the property).
- Types of Visitors: In premises liability cases, visitors are often categorized into three groups: invitees, licensees, and trespassers. Invitees are those people who visit the property for business purposes, such as a retail store’s customers. Licensees are social guests, while trespassers enter without permission.
- Foreseeable Hazards: Property owners must address and reduce the risk of foreseeable hazards. This includes maintaining the property, repairing dangerous conditions, and warning about potential risks.
- Negligence: To establish liability, the injured party must demonstrate that the property owner’s negligence directly caused the injury. This involves proving that the owner had knowledge or should have known about the dangerous condition but failed to address it.
- Comparative Fault: California follows a comparative negligence system, meaning that if the injured party is partially responsible for the accident, their compensation can be reduced by the percentage of fault that they contribute to.
- Statute of Limitations: If you get injured on someone else’s property due to negligence, you have four years to file a lawsuit in California. If someone you loved died on a property due to negligence and you are their legal beneficiary, you have two years to file a claim.
- Causation: There must be a one-on-one connection between the breach of duty and the wounds endured by the victim.
- Damages: You must provide evidence of the damages you incurred due to the injuries, including medical bills, lost wages, and pain and suffering.
The Role of a Premises Liability Lawyer in California
Navigating premises liability laws can be challenging, especially with property owners or insurance companies. A well-informed top premises liability lawyer in California will be your greatest asset.
Here’s how they can assist:
- Case Evaluation: A lawyer can assess the strength of your case, helping you understand whether pursuing legal action is worth it.
- Evidence Gathering: They can gather evidence, such as security video recordings, eyewitness statements, and medical records, to support your claim.
- Negotiation: Lawyers can negotiate with the property owner’s insurance company for a fair settlement. If negotiations fail, they can prepare your case for litigation.
- Litigation: If your case goes to court, an experienced lawyer will represent your interests, presenting your case effectively and advocating for your rights.
Why You Should Never Pursue a Case Without An Attorney
There are no regulations in California that can restrict you from handling your premises liability claim without a lawyer. Of course, choosing to do so is not always a wise decision. The insurance companies involved in the case love it when there are no lawyers involved because it benefits them.
Insurance adjusters are tasked with investigating the incident to evaluate their employer’s liability. While you would expect insurance adjusters to be fair in their investigation, that is only something that would happen in an ideal world. When insurance adjusters investigate a claim, an important (yet unspoken) part of their job is to look for anything and everything they can use to minimize the insurance company’s liability. If insurance companies started paying generous settlements for all the claims people make, the industry would go bankrupt. The industry thrives on minimizing its liability.
Part of their investigation involves interviewing the people involved. When your insurance adjuster discusses the case with you, they might make you feel like they are working in your best interests. The reality is that they are only using your inexperience to push the right buttons that could help them lowball you with the settlement offer. If you are not careful with what you say to them, insurance adjusters can use what you mentioned to delay, devalue, or outright deny your claim.
Insurance adjusters are expert negotiators and are not afraid of using tactics to catch claimants in a lie or misconstrue their statements to invalidate their claims.
Being unaware of these tactics when pursuing a case without a lawyer’s help is just one of the risks. The other is a lack of knowledge about the legal system. Nobody ever wants to be involved in a premises liability case. Naturally, they would not bother learning about the complex premises liability laws in California. A lack of adequate legal knowledge surrounding premises liability cases could result in diminishing your chances of being fairly compensated.
Need help? Reach out to Aloupas Law, P.C. today!
Understanding liability and premises liability laws in California is essential if one gets injured on someone else’s property. A premises liability lawyer in California is one of your most valuable resources in a premises liability case. Your safety is on top, and property owners must take realistic measures to stop mishaps on their premises.
If you or a loved one find yourselves grappling with the aftermath of an injury sustained on someone’s else’s property due to a dangerous condition in California, don’t hesitate to contact Aloupas Law P.C. immediately.
FAQs
1. What is Premises Liability?
Premises liability refers to the legal responsibility that property owners or occupiers have for injuries that occur on their property. It encompasses a range of incidents, such as slips and falls, inadequate security leading to assault, or injuries caused by hazardous conditions on the premises.
2. When Should I Consult a Premises Liability Lawyer in California?
You should consult a premises liability lawyer in California if you have sustained injuries on someone else’s property due to negligence. Whether it’s a slip and fall, unsafe conditions, or inadequate security, a lawyer can assess the circumstances of your case to determine if you have a valid claim.
3. What Needs to Be Proven in a Premises Liability Case?
To establish a premises liability case, the plaintiff typically needs to prove the following:
- The property owner had a duty of care toward the injured person.
- The property owner breached that duty through negligent actions or failure to maintain a safe environment.
- The breach of duty directly caused the injuries.
- The injuries resulted in damages, such as medical expenses, lost wages, or pain and suffering.
4. How Can a Premises Liability Lawyer Help Me?
The top premises liability lawyers can assist you in various ways:
- Investigating the incident to gather evidence.
- Assessing the strength of your case and determining liability.
- Negotiating with insurance companies for a fair settlement.
- Representing you in court if a settlement cannot be reached, advocating for your rights and seeking compensation for your injuries and damages.
5. What Types of Properties Fall Under Premises Liability?
Premises liability applies to various types of properties, including residential homes, commercial buildings, retail stores, restaurants, hotels, and public spaces. Whether you were injured in a private residence or a business establishment, if negligence played a role in your injury, you may have grounds for a premises liability claim. Consult with a lawyer to determine the specific circumstances surrounding your case and the applicable laws.
