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This area of law pertains to injuries suffered on someone else's property due to the owner's or occupier's negligence. A premises liability case arises when the property owner or manager fails to keep his or her property safe from hazardous conditions, leading to injury or harm to an individual.
If you've been injured in an accident on someone else's private or commercial property, you have a right to recover damages. To do this, you'll need to establish the property owner's negligence. A lawyer can help by gathering evidence, handling communications with the other party's insurance company, and presenting your case effectively.
California law provides for two key considerations in premises liability: The status of the individual on the property and the use of the premises. Typically, premises owners owe a duty of care to those lawfully on the property. However, the specifics can vary greatly, making an understanding of local Los Angeles laws crucial to obtaining justice.
To win a premises liability case, you must establish that a dangerous condition existed, the property owner knew or should have known about the condition, and that the owner did not take reasonable steps to address it.
'Duty of care' refers to the obligation the property owner has towards those who enter the property. They are required to maintain the premises in a reasonably safe condition.
While the duty of care is significantly reduced for trespassers compared to invitees or licensees, California law still requires landowners to refrain from willfully injuring trespassers or setting traps.
'Comparative negligence' refers to a legal concept in which the injured party's actions contributed to their injury. This can reduce the amount of damages they can recover.
In Los Angeles, an injured party generally has two years from the date of the injury to bring a premises liability lawsuit.
The State Bar of California and the Los Angeles County Bar Association's Lawyer Referral Service (LRS) can provide more information about premises liability law and connect you with qualified lawyers. The Department of Consumer and Business Affairs in Los Angeles County can provide resources for understanding local safety regulations and reporting violations.
If you need legal assistance in a premises liability case, first seek medical help and document your injuries. Next, document the hazardous condition and, if possible, gather witness statements. Lastly, consult with a lawyer specializing in premises liability cases as soon as possible to protect your rights and get expert advice.
