How a Premises Liability Case Works
Premises liability is part of the personal injury law category. Aside from motor vehicle accidents, premises liability cases are the most frequently filed types of personal injury cases that are brought in the nation's courts. The law of premises liability involves the possible liability for injury to others of an owner or occupier of real estate. If you have been injured as a result of a dangerous or defective condition on real estate that is owned or occupied by someone else in or around Los Angeles, speak with a Los Angeles premises liability attorney at the Molchan Law Firm as soon as possible.
As per California premises liability laws, every owner or occupier of real estate has a legal duty to maintain that property in a reasonably safe condition. If that duty is breached, a person who suffers injury from the breach can bring a claim or lawsuit for personal injury against the owner or occupier. Once you retain a personal injury lawyer in Los Angeles from our office, we can do that for you.
The Law of Negligence
Premises liability law in Los Angeles is governed by the law of negligence. In order to prove that an owner or occupier of property was negligent, a premises liability lawyer in Los Angeles must prove the following elements:
- The owner or occupier of the property owed the victim a duty of care.
- That duty was breached.
- The breach of that duty caused the accident that the claimant was injured in.
- That breach proximately caused the claimant's injuries.
- The claimant suffered legally recognized damages.
Proving these elements is a complicated legal endeavor that you don't have the background or experience for. You'll want to retain the assistance and expertise of the premises liability attorneys from the Molchan Law Firm.
Examples of Premises Liability Accidents
There are a wide variety of conditions that can result in a premises liability claim or lawsuit. Luckily, you can trust our law firm as your premises liability lawyer in Los Angeles. Here are some examples:
Slip-and-Falls: These might involve leaks, wet floors, spilled food or other substances on a walking surface.
Trip-and-Falls: These ordinarily involve uneven walking surfaces, potholes in parking lots, cracks in sidewalks, tree roots erupting through sidewalks or objects in store aisles.
Elevator and Escalator Accidents: These devices must be properly maintained and inspected.
Animal Attacks: Los Angeles County leads the nation in dog attacks. Owners and keepers of dogs can be held liable for attacks and resulting injuries.
Negligent Security: Under many circumstances, owners and occupiers of property used for bars, night clubs, hotels and casinos have a duty to protect their customers from criminal attacks by third persons.
Accidents at Home: Visitors might be injured by any number of conditions like slips and trips, electrical shock or swimming pool accidents.
Falling trees and limbs.
Repairing the Condition or Warning of It
In California, an owner or occupier of property has a duty to use reasonable care to discover any dangerous conditions. If one is found, it must be repaired within a reasonable period of time, or adequate warnings must be given about the condition. Any warnings of the condition must be openly visible and sufficiently obvious so that people are aware of it prior to the time that they walk into the dangerous area. In defense of a personal injury claim, owners or occupiers of property might avoid liability by stating that they simply didn't know of the dangerous condition.
After a Los Angeles premises liability attorney proves the elements of negligence, the issue of compensation for damages arises. Those are categorized as economic and non-economic damages. Here are some examples of economic damages that the premises liability attorneys from our offices might seek:
Past medical bills and medical bills reasonably expected to be incurred in the future.
Past lost earnings and diminished earning capacity in the future.
In the context of non-economic damages, here are some examples of what the victim might seek:
- Pain and suffering.
- Any permanent scarring.
- Any permanent disfigurement or disability.
- A diminished quality of life.
In these cases, a personal injury lawyer in Los Angeles is likely to see another defense known as comparative negligence. The defendant will argue that you simply weren't watching where you were going, and because of that, some of the blame for the accident should be attributable to you. California expresses such negligence as a percentage. Any negligence attributable to you will be deducted from an award by the percentage of fault attributable to you.
After being injured in a premises liability accident, contact the Molchan Law Firm as soon as possible to arrange for a free consultation and case evaluation with a knowledgeable and experienced Los Angeles premises liability attorney. We'll want to know about how the events unfolded, and then, we'll answer your questions. After that, we'll advise you of all of the legal options that are available to you.