Overview of Premises Liability Law in California
If a person is seriously injured or killed because of certain hazards on somebody’s property, the victim may be able to file a premises liability claim against the negligent property owner. When a person dies because of such an accident, his or her beneficiaries may be able to pursue wrongful death damages.
While “slip and fall” accidents are perhaps the most common premises liability claim, people can be injured in any one of a number of other very dangerous situations including inadequate security, falling objects, or mechanical malfunctions.
Did you suffer serious injuries or was your loved one was killed because of a dangerous property condition in California? Make sure you retain legal counsel before you speak to an insurance company. The Los Angeles Injury Group represents clients in and around Los Angeles as well as surrounding communities in Southern California.
California Premises Liability Requirements
The California Civil Jury Instructions state that if an individual claims they have suffered an injury because of a property owner’s negligence, then they are required to prove four things.
First, the defendant must be the person who owned the property. All property owners have a duty of care to maintain a reasonably safe environment and warn all guests of possible dangers.
The second requirement is that the defendant was somehow negligent in his or her use or maintenance of the property. In other words, a defendant must have failed to correct or warn a victim about a dangerous condition on his or her property.
The final two requirements are that the plaintiff suffered an injury and that the defendant’s negligence was the proximate cause of that injury.
Steps to Take in a California Premises Liability Case
Because many premises liability claims involve businesses, the first thing victims should do is file reports with the managers on duty, and demand a copy of the report.
All victims should also seek medical attention, even when they do not think they were hurt. Certain injuries involve delayed symptoms, and insurance companies use delays in treatment to argue the injuries are not serious.
Victims should also try to photograph the accident scene or have a friend or family member take pictures for him or her if the victim is unable to do so because of the need for medical care. Finally, the most essential thing to do after any kind of premises liability accident is to seek legal representation.
Find a Premises Liability Attorney in Los Angeles
If you sustained severe injuries or your loved one was killed because of a property owner’s negligence in Southern California, it is in your best interest to quickly retain legal counsel. Contact the Los Angeles Injury Group as soon as possible.
Our firm represents residents and visitors to communities throughout the Los Angeles area. Call (310) 954-7248 or contact us online to have our Los Angeles personal injury attorney provide a complete evaluation of your case through a free consultation.