Premises liability laws hold property owners responsible for any accidents or injuries that occur on their site. While the most common premises liability lawsuits are typically slip and fall accidents, there are several other forms of property liability for which an operator or owner can be charged. One of the key elements in a successful premises liability claim is proving that the property owner could have prevented an incident or accident on their grounds through better safety measures.
If you or a loved one has been injured or killed in an accident on someone else?s property and you believe that the property owner could have taken additional action to ensure the safety of the premises, you could have options. Contact a Los Angeles premises accident lawyer at El Dabe Law Firm to find out whether you are eligible to recover damages for your condition. There are no out-of-pocket expenses to speak with us, and we can help you to seek the compensation to which you may be entitled.
What is Premises Liability
The term premises liability generally refers to the legal responsibility of the owner of real property for injuries that an individual may sustain while on the property as a result of a defective or dangerous condition that exists there. While the law varies from state to state, in California, the owner/lessor/occupant of a property has a duty to exercise ordinary care in the maintenance, use, or management of his or her premises in order to avoid exposing patrons to an unreasonable risk of harm. Furthermore, the duty exists whether the risk of harm is caused by an artificial condition created on the premises or a natural condition.
For instance, if a property owner is notified that there is an obstacle hazard or an issue with a security fixture such as a light or alarm that may cause injury or death to another, he or she is legally responsible for rectifying the issue. This may include replacing a light, making sure a previously wet floor is adequately dried, or ensuring that security cameras are properly functioning. Should he or she fail to address the problem, the property owner may be responsible for any injuries, assaults, attacks, or fatalities that happen on the grounds.
Examples of Premises Liability Cases
A Los Angeles premises accident attorney at El Dabe Law Firm can help you determine if you have a case if you or a loved one was injured due to one or more of the following possible causes:
- Insufficient security
- Slip and fall
- Dog bites
- Falling objects
- Inadequate security
- Structural defects
- Exposure to toxic materials or hazardous chemicals, including lead paint and mold
- Defective stairs and railings
- Collapsed balconies and decks
- Defective door
- Staircase injuries such as damaged handrails or broken steps
- Acts of violence or other criminal acts
- Escalator and elevator accidents
- Electrocution or electricity
- Defective sidewalks
While assaults, attacks, and rapes frequently occur in public places throughout the country, according to statistics, the most commonly alleged complaint in premises liability claims is that of a slip and fall accident. These incidents can occur for one or more reasons such as:
- Torn carpets
- Poor weather conditions
- Uneven steps or carpets
- Cracked sidewalks
- Poor lighting
- Broken stair rails
- Wet or slippery floors
- Lack of secure areas around swimming pools
Additionally, defective electrical wiring, poor building construction and materials, and building code violations can all cause injury and/or death. If you or a loved one has been injured, a premises accident attorney in Los Angeles at El Dabe Law Firm may be able to help you to seek the compensation to which you may be entitled.
What are Your Options?
It is important to seek legal counsel as soon as you believe you have a case. Due to the complex laws surrounding premises liability, determining responsibility in a slip and fall accident or other premises liability case can be difficult to prove. Your Los Angeles premises liability attorney will need to illustrate that your injury was directly caused by the owner?s negligence or failure to comply with regulations and laws, and your legal counsel will also need to present the following elements:
- The property contained a dangerous condition
- The occupier or owner of the property knew or should have known of the dangerous condition
- The occupier or owner of the property neglected to warn of the dangerous condition or remove it
- The dangerous condition directly caused the plaintiff?s injury
A premises accident lawyer in Los Angeles will review the facts of the incident to determine if you have a case and whether you are entitled to seek compensation for your injuries. In handling your claim, your legal counsel can:
- Collect evidence, including video surveillance footage or photographs of the scene of the accident
- Interview witnesses
- Determine who may be responsible for the damages or injuries you have suffered
- Review all police reports
- Gather and review all pertinent medical records and speak with your physician on your behalf to understand the extent of your injuries
- Arrange for medical experts to testify on your behalf as to your prognosis as well as any short- or long-term effects that may result from your injury or condition
Beyond the basic elements, there are several circumstances and situations that can greatly complicate premises liability cases. For instance, while trespassers are not generally covered by premises liability laws, children who venture into restricted areas and are subsequently harmed may be entitled to recover damages for their condition if there is reasonable evidence that adequate warnings, precautions, and prevention methods were not taken.
In addition, third-party premises liability, in which a third party is also responsible for the injury of a person while on another?s property, can also result in complex and confusing legal disputes. The Los Angeles premises accident lawyers at El Dabe Law Firm can closely work with you to evaluate your case, assess the liability and risk involved, and determine the best course of action for you and your family.
Do You Need a Los Angeles Premises Accident Lawyer?
It cannot be stressed enough that time is of the essence in all personal injury cases, and particularly in situations in which premises liability is involved. Contacting a lawyer immediately following the accident or injury can ensure that your legal team has the opportunity to swiftly conduct investigations, analyze your case, and preserve evidence in order to strengthen your case and achieve the best possible outcome for you.
If you or someone you love has sustained a head, spinal cord, or neck injury due to the negligence or irresponsibility of another, consider working with a Los Angeles premises accident attorney to pursue a claim for compensation. The attorneys at El Dabe Law Firm can provide you with a comprehensive case evaluation at no out-of-pocket cost to you, and our Los Angeles premises lawyers can help you determine who is responsible for your injuries and whether you are entitled to seek compensation for your condition. Call today to learn more about our law firm and how we can be of assistance.