Los Angeles Premises Liability Lawyer
We expect property owners and managers to take the proper steps to ensure the safety of their guests and visitors. Unfortunately, in many cases, their failure to adequately maintain their grounds can result in serious injury.
If you or a loved one has suffered a serious injury due to the negligence of a property owner or manager, please contact The Ryan Law Group today to discuss your case. You may be entitled to significant compensation via a premises liability claim.
LA Premises Liability Resources
- Do You Need a Premises Liability Attorney?
- Determining Duty of Care
- Damages in a Premises Liability Case
- Statute of Limitations in California
Why Choose Us?
The Ryan Law Group is a full-service personal injury firm that provides exceptional services and stellar results for its clients in Los Angeles and all of Southern California.
- We are a client-focused firm that always puts your needs first. Because we are a full-service firm, we take care of any legal work that you need to make your life a little easier during this time.
- We have a proven record of results, securing several multi-million-dollar verdicts and settlements on behalf of our clients.
- We are comprehensive in our approach, utilizing industry experts and other investigators to ensure you are pursuing the maximum possible compensation.
- We operate on a contingency fee basis—there are no upfront costs or legal expenses throughout the proceedings. You only pay if we secure a favorable verdict or settlement on your behalf.
What is Premises Liability?
Premises liability is the concept that a property owner or manager is responsible for any injuries on their property or premises if they occur due to improper maintenance or a failure to maintain care up to an acceptable standard. Any unsafe conditions or inadequate safety standards on a property or premises may be due to the carelessness of negligence of a property owner or manager.
Examples of Premises Liability
Some common examples of premises liability cases include:
- A slip-and-fall accident due to slippery floors, broken pavement, or lack of proper signage.
- Negligent security that leads to a serious injury or assault
- Amusement park accidents due to improper maintenance
- Elevator accidents
- Drownings and swimming pool accidents due to lack of lifeguards and other safety equipment
Why Do You Need a Lawyer?
In premises liability cases, it is highly recommended to retain legal representation before proceeding with a claim. In California, premises liability law is primarily based on negligence (Civil Code 1714). All plaintiffs must prove that:
- The defendant was responsible for the property, and therefore had a duty of care to uphold the property to acceptable standards
- The defendant failed to uphold their duty of care by being negligent in their maintenance of the property
- The plaintiff was harmed on the premises
- The defendant’s carelessness was the primary cause of the plaintiff’s harm.
This can be difficult to do without an attorney—especially if the premises in question is a larger business with a substantial legal team. An attorney who has experience in premises liability cases can provide all the tools and resources necessary to definitely prove that a property owner was negligent—and that their negligence led to your injuries.
Determining Duty of Care in Premises Liability Cases
Premises liability cases in California center on the duty of care. A duty of care is a legal obligation to act in a reasonable manner. A property owner in California has a duty to maintain a property with the same degree of care that a reasonable and prudent person would in the same circumstances.
The specific duties of care a property owner owes to someone visiting his or her property change according to the status of the visitor:
- If the visitor is an invitee, the property owner is legally required to check the premises for hidden hazards, repair known defects and issue appropriate warnings.
- If the visitor is a licensee, the property owner does not have to look for unknown hazards.
- If the visitor is a trespasser, the property owner won’t owe him or her any duties of care.
An invitee has an express or implied invitation from the owner to enter the property, while a licensee has legal authorization, if not a direct invitation. A trespasser does not have permission to be on a property. It is important to recognize which type of visitor you were at the time of the accident to understand the duties of care owed or not owed to you by the property owner.
According to CACI No. 1001, if a property owner fails to use an accepted or reasonable degree of care to keep a premises in a safe condition, that party has been negligent. Negligence that causes injury or harm to others will make a property owner legally and financially responsible for the victim’s losses.
As an injured party, the burden of proof lies with you during a premises liability lawsuit. You must prove you have valid grounds for a claim and are eligible for financial damages. You or your lawyer must establish the defendant’s fault based on a preponderance of the evidence: clear and convincing evidence that the defendant is at least 51% responsible for your injuries.
Evidence you may use to establish liability for a property accident includes photographs, video surveillance footage, eyewitness statements, accident or police reports, medical records, and testimony from experts. A lawyer can help you collect evidence, put together a case and demonstrate a property owner’s fault for the best possible case results.
What Damages Can I Recover?
A successful premises liability case in California can help you and your family finally move forward. It can provide financial compensation for your past and future losses to restore you to the state you were in prior to the accident. You may be eligible for financial damages from the defendant for your:
- Medical expenses
- Lost income
- Lost ability to earn
- Scarring or disfigurement
- Pain and suffering
- Emotional distress
- Property damage
- Out-of-pocket costs
- Punitive damages
The damages available and the exact value of your premises liability case will depend on many factors, including the severity of your injuries. Working with an attorney in Los Angeles can help you demand a fair and full amount for not only existing losses but future needs as well.
Statute of Limitations on Premises Liability
It is critical to file your premises liability claim before California’s statute of limitations. A statute of limitations is a strict deadline for filing; in general, if you miss this deadline, you are barred from recovery. The purpose of a statute of limitations is to encourage timely filing by a plaintiff, both to ensure justice and to make the legal system more efficient.
According to California Code of Civil Procedure Chapter 3, the statute of limitations is two years from the date of your accident. If you do not discover your property-related injury or illness right away, you will have two years from the date you discovered or reasonably should have discovered it to file. Act quickly to file a lawsuit, as missing your deadline will most likely mean giving up all opportunity to obtain financial compensation.
Contact a Los Angeles Premises Liability Attorney Today
If you or a loved one was seriously injured due to the negligence of a property owner, please contact us today for further assistance. Our premises liability attorneys have the experience and knowledge to help you receive the maximum possible compensation for your needs.