California property owners must use reasonable care to maintain their premises. If they are negligent, such as knowing a dangerous condition exists but failing to remedy it or warn others, a person injured on their property may pursue a premises liability lawsuit. If you fell, slipped, or were otherwise harmed on another’s poorly maintained property, you may be entitled to monetary damages.
Boasting decades of litigation experience, The Salamati Law Firm is uniquely qualified to handle a wide range of premises liability claims and will work diligently on your behalf to secure a favorable settlement or court award. Schedule a free consultation with a Los Angeles premises liability attorney.
Why Choose Salamati Law for Your Premises Liability Lawsuit?
If you were seriously injured due to a property owner’s negligence, you need a skilled and seasoned lawyer with a long history of successful cases. Our track record in premises liability cases speaks for itself. Attorney Sean F. Salamati has been instrumental in obtaining seven-figure recoveries for his clients.
For example, we obtained a $1.95 million settlement for a trip and fall accident in a park and a $700,000 settlement for a head injury victim who slipped on a wet floor. Even though the victim walked past several signs warning of the wet floor and the defendant blamed the accident victim for their injury, we were able to show, via aggressive discovery, that the defendant fabricated evidence.
Other substantial settlements include $337,500 for a client who tripped in a parking lot on a piece of metal protruding from the ground. The client injured both knees, and our expert witness testified that knee replacement surgery was necessary.
Another client walked into a restaurant and tripped on a map, injuring both knees. We obtained a $285,000 settlement for her as the fall aggravated pre-existing injuries, necessitating surgery.
While the California statute of limitations for filing a premises liability lawsuit is two years from the accident date, it is critical to contact a Los Angeles premises liability attorney before valuable evidence disappears or is erased.
What is California’s Premises Liability Law?
California’s premises liability law is based on the property owner or management’s negligent maintenance of the property and was a “substantial factor” in causing harm to the plaintiff.
Under CA Civ Code § 1714, “Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”
Los Angeles Premises Liability Case Examples
Although property owners are obliged under California law to keep their premises safe, they do not owe the same duty to everyone. The decisive factors in determining liability in these actions are ownership, possession, and control of the premises. Generally speaking, the owner or lessor of a property must exercise ordinary care in maintaining or managing the grounds to prevent an unreasonable risk of injury.
Here are a few examples of common types of premises liability cases:
- Dog bites: Animal attacks can cause severe and often permanent injuries or disfigurement. In some jurisdictions, canines are allowed “one bite” before the owner can be held liable, as the owner may allege they did not know of the dog’s dangerous propensities. However, under the California Civil Code, the owner of any dog is liable for the damages “suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” There is an exception if the bite victim was trespassing or committing a crime.
- Negligent security: Poor security is responsible for many premises liability cases, which include incidents where people are victims of violence due to a lack of proper security. Examples include inadequate lighting in parking lots, leaving victims vulnerable to mugging, carjacking, or sexual or physical assault.
- Elevator accidents: Elevator accidents run the gamut from crushed hands or legs when doors close too quickly to head and neck trauma from abrupt starts and stops to electrical burns from faulty control panels. Commercial elevators require regular maintenance and inspection. The same holds for escalators, another common source of injuries. Liable parties in elevator or escalator accidents may include building owners, managers, manufacturers, or repair companies.
- Swimming pool accidents: Worldwide, drowning is among the top causes of accidental death. In the U.S., most swimming pool accident victims are young children. Even for those rescued, near-drowning can result in long-term health issues, including cognitive problems. Property owners have a duty of care to ensure proper fencing around the pool to keep out unsupervised users and anti-entrapment devices installed on powerful pool drains.
- Slip and fall accidents: Perhaps the most common premises liability accident, slip and fall accidents often result from wet floors, debris or electrical cords or cables in walkways, broken flooring, ripped carpets, holes in parking lots, and other trip hazards.
- Amusement park accidents: An amusement park’s purpose is to provide an enjoyable environment for guests. Too often, amusement park management negligence results in preventable accidents. While malfunctioning ride equipment is the source of many injuries, other factors, such as poor crowd control, contribute to many mishaps.
What to Do After a Premises Liability Accident
Compelling evidence is critical to the success of a premises liability lawsuit. Even though you are injured, try to document the accident scene as much as possible. If you cannot and are accompanied by a relative or friend, ask them for help.
- Take photographs or videos of the accident site. This is crucial since many premises’ liability claims involve easily removed or quickly repaired hazards. Take photos of your injuries.
- Inform the owner or manager of a commercial property of the incident. Many commercial establishments, such as supermarkets, shopping malls, or restaurants, should provide you with a form to fill out.
- Obtain names and contact information if there were eyewitnesses to the accident.
- Always seek prompt medical attention. Delaying a trip to the emergency room or an urgent care facility can mean the property owner’s insurance company will allege the injuries did not occur at the premises or that they are not serious. Not receiving medical care right away can also compromise your health.
Consult a Los Angeles premises liability lawyer as soon as possible. Waiting too long to obtain legal representation can mean critical evidence, such as surveillance videos documenting the accident, can vanish. Once you hire an attorney, the investigation starts immediately.
Who is Responsible in a Los Angeles Premises Liability Case?
Responsibility in a premises liability case depends on the circumstances of the accident. In most instances, the property owner or manager is responsible because they failed to remedy or warn the public about a hazard, such as a wet floor.
In some cases, the accident victim may be partly responsible but can still collect damages. California operates under a pure comparative negligence standard when it comes to liability. That means that even if the victim is partially at fault, they can still recover compensation or damages, minus their percentage of fault as determined by a judge or jury.
For example, the jury finds the plaintiff 30 percent at fault because they were texting and not paying attention to the hazard when the slip and fall occurred. In that case, a $100,000 award is reduced to $70,000. Pure comparative negligence highlights the importance of a skilled and experienced lawyer to counter claims from the defense that the plaintiff bears a higher percentage of fault.
Proving Negligence in a Premises Liability Claim
The burden is on the plaintiff and their attorney to prove negligence in a premises liability claim by establishing the four elements of negligence, which include the following:
- The defendant owed you a duty of care to maintain safe premises.
- The defendant breached or failed to meet that duty of care.
- That failure was a direct cause of your injuries.
- The failure caused you harm, resulting in quantifiable damages.
Damage awards are intended to make you whole for those losses and are the basis for compensation. The stronger these elements, the better your ability to be reasonably and fairly compensated.
What is a California Premises Liability Case Worth?
While each case is unique, the more serious the injury and prognosis, the more the case is worth. Overall, plaintiffs may be eligible to recover the following compensation:
- Medical expenses, current and future
- Lost wages
- Loss of future earnings
- Pain and suffering
The Premises Liability Lawyer Los Angeles Trusts
Premises liability litigation can be complex, which is why it’s crucial to choose an advocate wisely. If you were seriously hurt due to hazardous or dangerous property conditions and would like to explore your legal options, contact Salamati Law to arrange a free, no-obligation case review today. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries. Se habla Español.
Premises Liability Law Blog
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Premises liability resources:
- Justia, California Civil Jury Instructions, Premises Liability – Essential Factual Elements http://www.justia.com/trials-litigation/docs/caci/1000/1000.html
- The Burbank Leader, Burbank man found electrocuted to death in L.A. high-rise http://www.burbankleader.com/news/tn-blr-burbank-man-found-electrocuted-to-death-in-l-a-high-rise-20150817,0,573809.story
