The law requires California landowners and property owners to keep their properties or facilities in reasonably safe conditions. Essentially, they have a legal duty to protect you from hazardous conditions while on their property. You may be able to hold a property owner liable if you are injured on their property in an accident due to their negligence or failure to maintain reasonably safe conditions.

Typically, an individual can sustain serious injuries or death due to unsafe conditions like wet floors, inadequate lighting, a defective lock, a faulty stairway, and inadequate security. These types of accidents are common in public and private locations, including restaurants, nightclubs, gyms, hospitals, apartment complexes, private homes, office blocks, and playgrounds. 

The personal injury claims that arise from these accidents are known as premises liability cases. If you are in Los Angeles and you or a loved one has sustained injuries in another’s property due to the property owner’s negligence, you can recover damages. Our Los Angeles premises liability attorneys at Heidari Law Group are well-qualified and equipped to help you get the compensation you need for your injuries.

What is Premises Liability?

Premises liability is part of personal injury law that governs a property owner’s legal duty to keep their property reasonably safe, including maintaining the property. The laws of premises liability focus on the injuries a person might sustain in another’s property due to the owner’s negligence.

According to California law, a property owner is liable to pay damages for any person injured in their property due to their negligence or failure to maintain reasonably safe conditions. In this case, negligence refers to the property owner’s knowledge that the property has dangerous elements or conditions but still fails to remedy the situation.

Property Owner’s Duty of Care

In California, property owners have a duty of care to protect all visitors or residents from obvious or hidden hazards and reasonably ensure their property is safe. However, suppose a property owner is aware of a hazardous condition on their property and does not take the proper steps to make repairs or notify residents and visitors of the situation. In that case, they may be liable for any injuries caused by the hazardous condition. 

If the court determines there was negligence, the next step is determining the property owner’s degree of negligence. While comparative negligence is a critical aspect of a premises liability case, it is vital to first establish a property owner’s duty of care. Even after proving negligence, the defense could argue that the owner had no legal obligations to the injured party. 

Besides generally showing that their property is safe, a property owner’s defense may also highlight the lack of duty of care to the injured party. Typically, a property owner’s duty of care depends on why the injured party was on their property. 

For instance, a property owner has no duty of care for unlawful trespassers. Consequently, you may not be able to recover damages if the owner can prove that you were a trespasser and they had no knowledge of your presence on their property.

Situations that Commonly Lead to Premises Liability Injuries

There are many scenarios or situations that can give rise to a premises liability claim. Some of the situations that commonly cause premises liability-related injuries include:

1. Slip and falls: Most premises liability claims involve slip and fall accidents, including in retail stores, sidewalks, and other hazardous conditions. These accidents are usually due to negligence, like failure to put a warning sign about the wet floor in a grocery store. 
2. Trampoline injuries. Even with proper safety measures in place, someone may be able to sue the trampoline owner when injured while using the device on another’s property.
3. Dog bites: You can recover damages from a property owner/dog owner for a dog bite injury due to an attack on the owner’s property. However, California law does not entitle you to compensation if you were unlawfully trespassing, attacked by a police dog, or were partially at fault for the dog bite injury. 
4. Playground accidents.  When a child suffers an injury on a playground due to lack of proper maintenance or dangerous design flaws, their parents or guardians may be entitled to recover compensation from the playground owner for failing to maintain a safe playground for children.
5. Swimming pool injuries. Owners of swimming pools may be liable for any injuries to swimmers on their property, including slips and fall injuries in or around the pool.
6. Missing stair railings. A property owner may be liable for injuries sustained while using a stairway on their property with missing stairs railings. 
7. Inadequate security. For locations that require security detail to keep the area safe, a property owner may be liable for injuries suffered on their property due to insufficient or negligent security.
8. Falling objects. A property owner may be liable for injuries where improperly secured, constructed, or designed falling objects injure visitors. These types of accidents are most common in construction and warehouse storage companies.
9. Electrical failure or improper wiring. When an electrical accident due to improper wiring or hidden electrical lines injures a visitor, a property owner may be liable for damages. Accordingly, a property owner should inform visitors of any obvious or hidden risks like potentially injurious electrical lines hidden by trees.
10. Mildew or mold inhalation.  When an individual sustains injuries after inhaling mold or mildew left on a property, the owner may be liable for the damages. For instance, injuries due to asbestos inhalation. 
11. Violations of state or federal building codes. Where a property owner fails to comply with building regulations, including unsafe designs, and a person sustains injuries, the owner may be liable for damages. 

Common Premises Liability Injuries

• Some of the most common premises liability-related injuries include: 
• Traumatic head and brain injuries
• Broken bones
• Spinal cord injuries
• Burns
• Electric shock
• Nerve damage injuries
• Severe cuts and bruises

Damages in a Premises Liability Case

You can recover both economic and non-economic damages in a premise liability lawsuit, including:

• Medical expenses (current and future)
• Rehabilitation expenses
• Property damage
• Lost wages and lost earning capacity
• Pain and suffering
• Emotional distress
• Lost quality of life
• Punitive damages

Contact a Los Angeles Premises Liability Attorneys

A property owner’s negligence or carelessness, including failure to maintain their property, may leave you with serious injuries that may require lengthy and costly medical treatment. California law entitles you to recover compensation for your injuries and other damages. While many premises liability cases are straightforward, some are complex, especially with multiple defendants, or where you cannot establish the property owner’s duty of care.

While these complexities may expose you to exploitation by greedy insurers, we are here for you. Our skilled and experienced Los Angeles premises liability attorneys at Heidari Law Group will aggressively fight for your right to recover damages from a negligent property owner. We will guide you through the often complex legal process as we help you get the compensation you and your family need and deserve. Contact us today for a free consultation and to learn more about our services.

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If you need a personal injury attorney with a history of success, good communication at all stages of your case, and who will help you manage and settle your case call Abogados Con Experiencia. We will handle your case so that you can heal and put your life back together.