A person injured in an accident in Los Angeles that took place on someone else’s property can, under the right circumstances, ask for just compensation for the injuries or losses sustained as a result of the premises accident in L.A. Just like in the case of slip and fall accidents, these types of accidents can be attributed to negligence on the part of the owner of the building or establishment.
A specialized team of Los Angeles personal injury attorneys is able to assist you if you have been involved in such an accident and, by working with a professional lawyer, you can obtain the highest amount of compensation for your injuries.
What are some types of premises accidents in L.A?
Although not all unfortunate events can be blamed on the surrounding conditions, sometimes we slip and fall or we trip because the premises were not taken care of accordingly or because the landlord or responsible person did not attend to a certain issue in time, in order to avoid such an accident.
Common types of premises injuries include not only slip/trip and fall accidents, but also accidents that occurred due to falling objects or unsafe conditions, accidents that took place on a playground or in or around a swimming pool.
Assault cases can also take place on someone else’s property, This can be a commercial complex or an office building but if you were attacked and injured in such a public place, the landlord or manager can be held liable for failure to secure the premises, especially if the company based in the building or the commercial complex should have had hired a security guard to patrol the premises.
I was bitten by a dog on someone else’s premises. What rights do I have?
Dog bites are usually included in a separate category but they can also be a premises accident when the attack took place in the dog owner’s house.
What are some common types of injuries in premises accident cases?
Victims of premises accidents in California can sustain serious injuries that can result in paralysis or other spinal injuries (caused by falling on stairs, for example), burns, broken bones and others. Although no one can imagine these worst-case scenarios, if such an accident does happen, you should know that you are entitled to monetary compensations for premises accidents in LA.
Our Los Angeles personal injury attorneys invite you to watch a short video about premises liability in California:
Who is liable in a premises accident in California?
A premises accident in California that occurred due to the negligence of another party can be acted upon in court. The plaintiff must gather enough evidence to support the case, as not any simple accident can be attributed to another party. If the injured person also had an important contribution to the development of the event, then the case may not be as strong and the injured party may not receive the desired compensation. According to the California Civil Jury Instructions, the plaintiff in a premises liability case needs to be able to present certain essential elements such as the fact that the defendant actually occupies, owns or controls the property where the accident took place. The plaintiff must also prove that the owner’s negligence was the factor that caused the injury.
The elements of liability in premises accident cases
In order to prove a premises accident and the fact that its occurrence is to blame for the injuries, the plaintiff must show that three elements or conditions are met:
- the duty of care: the owner of the commercial or personal premises had a duty of care – this means that he should have maintained the premises and reduce hazardous conditions;
- the breach of the duty of care: after showing that the owner should have cared for that space, the plaintiff needs to show that the owner willfully neglected these duties that could have prevented the hazardous situation;
- the accident caused the injuries: the plaintiff needs to show that his injuries were expressly caused by the premises accident; this can be done with the help of medical reports, eyewitness reports, video footage, etc.
These three criteria are very important in proving liability. However, apart from these, the plaintiff should be able to show that he was not reckless and/or that he was using the space for its designated purpose.
A Los Angeles personal injury attorney can help you gather evidence and prove liability in these cases.
What types of compensations can be obtained after a premises accident?
Our personal injury attorneys in Los Angeles can evaluate your accident and help you build a strong case. With the help of our lawyers you can receive compensations for:
- medical bills: monetary damages as per the medical bills for treating the accident, both immediately after the premises accident and the future care.
- any other types of material losses: included here are property damage that may have been lost during the accident (broken assets perhaps during the assault).
- any lost wages due to the inability to work: victims can be compensated for the wages they lost as a result of the direct inability to work caused by the accident.
- others: included here can be the non-economic damages such as pain and suffering that may occur.
Victims should remember that a statute of limitations applies in California. This is two years from the date of the accident – after this time it is highly unlikely that the case will be taken to court.
If someone close to you was fatally injured in an accident in L.A., our personal injury lawyers in California can also help you in wrongful death cases.
Marc Y. Lazo is specialized in personal injury cases as well as in complex business and commercial litigation. He has tried numerous cases to successful verdict and has obtained multiple six-figure judgments in both state and federal court.