Obtain Justice And Compensation For Your Premises Liability Injuries

Hurt on someone else’s property? Find out how a Los Angeles premises liability attorney can help you. When property owners don’t put enough care into their grounds to keep them safe, accidents can happen. What that often means is innocent visitors to commercial and residential properties are hurt through no fault of their own.

Victims of premises liability accidents often have to deal with severe injuries that can leave them unable to work and buried in debt. These victims need a way to pay for all the damages they’ve had to endure.

The attorneys at Haffner Law are here to help victims like you. We’ll help you with every step of your premises liability claim. The first step for you to take is to call our Los Angeles premises liability attorney.

Why Do I Need a Premises Liability Attorney in California?

In almost every personal injury case, hiring a personal injury attorney is essential, but it is especially crucial in cases involving premises liability. It can be extremely challenging to prove that a property owner or business was at fault for your accident in premises liability cases. 

Many businesses will have their legal team prepared to defend against liability claims, and they will be unwilling to admit fault. Here are the primary ways our Los Angeles premises liability attorney can help you win your case.

Looking Into the Accident

As soon as you retain our services, our premises liability lawyer in Los Angeles, CA will investigate your case. We will collect accident-related evidence for use in constructing your insurance claim. This evidence may consist of:

• An accident report
• Medical documents
• Pay stubs
• Images depicting the scene (or possibly visiting the accident scene)
• CCTV footage from the establishment
• Witness statements

It would be ideal if you and our accident lawyer could begin gathering evidence as soon as possible. As time passes, memories can fade, and it can become more difficult to retrieve specific information. Even if you collect some of this evidence on your own, it is best to have a professional evaluate what is most relevant to your claim for premises liability.

Identifying Liability

Negligence is the key element of a premises liability case. To receive compensation for your injuries, you must demonstrate that the property owner or business owner was negligent. You will need to demonstrate that they were aware of a dangerous condition and failed to remedy it within a reasonable amount of time or that they were unaware of the condition when they should have been.

Our Los Angeles premises liability attorney will know what evidence is required to prove negligence, as well as how to present that evidence most effectively. We can also assist you in resolving any questions regarding who was at fault in your accident.

Estimating Your Damages

Your claim for premises liability must include all damages incurred as a result of your injuries. Damages may be awarded as compensation for personal injuries, which includes cases involving premises liability. Our personal injury attorney is capable of calculating the value of these damages based on your injuries and expenses.

We will also consider any future expenses you may incur, such as future medical expenses, disabilities, or emotional distress. Typically, it is impossible to determine all of your damages without the assistance of a personal injury lawyer.

Leveling the Playing Field

When the insurance company discovers that you have legal representation, it demonstrates that you are serious about your case. Insurance companies are aware that the majority of injury victims are unfamiliar with personal injury laws and do not know how to seek full compensation for their injuries. 

The insurance company may take your claim more seriously and be more willing to offer a higher settlement if you work with our premises liability lawyer in Los Angeles, CA.

Employing Expert Witnesses

A premises liability lawsuit may require the assistance of expert witnesses on occasion. This could be a physician, an economics expert, a reconstruction expert, or someone else who can help establish the extent of your damages.

When necessary, our personal injury attorneys, who regularly represent clients in premises liability accident cases, have access to an extensive list of qualified experts.

Discussion of Your Settlement

Typically, insurance companies respond to a claim with a lowball offer. They may even send you an offer before you file your claim in the hope that you will accept it and drop your case. However, never accept the first offer you receive.

After receiving a response from the insurance company, your attorney can negotiate with the insurance adjuster. The objective is to reach a settlement that fully compensates you for your damages. This is easier said than done, but our legal team knows how to negotiate expertly for the compensation you deserve. 

In rare instances, the insurance company may refuse to negotiate, in which case you’ll need us to potentially represent you in court. Again, an insurance adjuster is more likely to offer a fair settlement if you have our Los Angeles premises liability attorney representing you.

What Constitutes Premises Liability?

If you are injured on another person’s property in California, premises liability laws will govern your case. Premises liability refers to a property owner’s legal obligation to care for and maintain a property. Legally, California property owners must take reasonable precautions to maintain safe premises. 

This is the level of care that a prudent property owner would employ in a similar situation. If a property owner fails in this regard, that is, if he or she does not exercise the necessary degree of care, he or she will be financially liable for any injuries that may result.

What Differentiates Premises Liability From Personal Liability?

The distinction between premises liability and personal liability is nuanced but crucial. Personal liability occurs when a person is held legally liable for causing harm or catastrophic injury to another person as a result of negligence. An example would be a driver who caused a car accident in the parking lot of a grocery store while distracted.

Premises liability is when an individual or business is held legally responsible for harm or injury that occurs on their property (or “premises”) due to unsafe conditions. A supermarket chain could be held liable for a fall in its parking lot that was caused by a large pothole.

Give us a call today or fill out our contact form for more legal advice on determining liability in your accident claim. If your case turns out to involve personal liability, we can also assist you as we handle all types of personal injury claims.

What Does Attractive Nuisance Doctrine Mean?

An additional crucial aspect of premises liability is an attractive nuisance. Traditionally, the doctrine of attractive nuisance has been utilized to assign liability to property owners following an injury sustained by a child trespasser on their property. In states such as California in the past, trespassers were not owed the same duty of care as visitors.

According to the attractive nuisance doctrine, a property owner may be held liable for injuries to trespassing children if the injury was caused by a condition or object on the property that is likely to attract children, such as a swimming pool, trampoline, or abandoned vehicle.

The idea is that children are incapable of understanding the risks posed by certain conditions on properties, and therefore property owners have a responsibility to remove objects or conditions or take reasonable precautions to keep children off the property.

What Are The Property Owner’s Responsibilities?

Los Angeles property owners are responsible for what happens on their properties, whether those properties are residential or commercial. Just as they are responsible for paying taxes, property owners are responsible for making sure their grounds are safe for use.

That means addressing any potential hazards, including structural defects, fire risks, slippery stairs, and many others. Failing to address such hazards can lead to an additional responsibility for property owners in Los Angeles – paying for the injuries that visitors to their property suffer.

What Are The Common Los Angeles Premises Liability Accidents?

Almost any accident you suffer on someone else’s property can entitle you to compensation. The key is being able to prove that your injuries are the result of negligence on the part of the owner of the property where you were injured. That’s something a Los Angeles dangerous property lawyer can help you with.

Identifying the type of Los Angeles premises liability accident you have suffered will enable your attorney to identify how the property owner was negligent. The following are some of the most common types of premises liability claims:

Slip and Fall Accidents 

Puddles and ice on sidewalks, wet floors in department stores, and objects left on the ground can all cause slip-and-fall accidents. Although they are relatively common, these types of accidents can cause severe injuries, including spine and head injuries. Usually, the property owner or manager will be responsible for any floor hazard that injures you.

Dog Attacks

Dogs are the responsibility of their owners. If you were attacked by a dog while you were legally entitled to be on someone’s property, you can hold the dog owner accountable for your injuries—even if the dog had never displayed aggressive behavior before.

Toxic Exposure 

Mold, asbestos, and lead paint are some of the most common property hazards that lead to Los Angeles premises liability claims. Property owners are tasked with making sure tenants and visitors are not threatened by health risks like these.

Fire 

Sometimes, fires break out, and no one is truly to blame. But if a fire on someone else’s property, including the property you are renting, was the result of careless electrical work or another preventable hazard, you might have a viable premises liability claim.

Elevator and Escalator Accidents

Multiple businesses and structures rely on elevators and escalators to transport visitors. However, defects exist, and accidents involving elevators and escalators can sometimes be fatal. When this occurs, the owner of the property may be held liable.

Criminal Activities (Assault and Sexual Assault)

If you are the victim of a crime, such as an assault, sexual assault, battery, or another criminal activity that leaves you injured, you may be able to file a negligent security claim against the property owner where the incident occurred. 

A negligent security lawsuit is a type of premises liability claim that asserts the property owner failed to provide a reasonable level of security for the premises and that the criminal activity (and your injuries) are a direct result of this failure.

Swimming Pool and Water-Related Accidents

Swimming pool and water-related accidents, such as drowning and near-drowning, can be tragic and result in severe injury to the victim. The property owner may be held liable if the accident would not have occurred absent a hazardous condition or lack of adequate supervision.

Construction Site Accidents

Defective or faulty scaffolding, heavy equipment and machinery, and other hazards can cause serious accidents on construction sites. Passengers who are injured may file a claim against the responsible party, as may construction workers who have been injured.

Amusement Park Accidents

The state of California is renowned for its abundance of amusement parks, including Disneyland, Disney California Adventures, Six Flags, LEGOLAND, and others. Accidents, including ride-related accidents, slip and fall accidents, and water-related accidents, are common in these amusement parks.

What Are The Most Common Premises Liability Injuries In California?

In the same way that the range of accidents that can occur on a hazardous property is expansive, so too is the range of injuries that a person involved in an accident on the property of another can sustain. Our Los Angeles premises liability attorney has experience representing clients with catastrophic, severe, and minor injuries. 

The following are some of the most frequent injuries we see caused by hazardous conditions on properties:

Traumatic Brain Injuries

Traumatic brain injuries can result from being struck by an object on a construction site, slipping and falling on a property, or being involved in a near-drowning incident. 

Spinal Cord Injuries

A spinal cord injury is not only catastrophic but also irreversible. When the spinal cord is injured in an accident, the brain’s ability to communicate with the rest of the body is impaired. The outcome is permanent partial or total paralysis.

Broken Bones

Bone fractures can be caused by slipping and falling, animal attacks, falling objects, assault, and amusement park accidents. Fractures of varying severity may heal completely over time or leave the affected individual permanently handicapped.

Soft Tissue Injuries

Strains and sprains are among the most prevalent types of injuries and can occur when a body part is violently twisted, pulled, or moved into an awkward position. Soft tissue injuries, like bone fractures, can vary in severity and may heal completely over time.

Disfigurement and Impairment

Occasionally, injuries result in permanent disfigurement, permanent disability, or both. Consider a construction accident in which an employee’s arm becomes caught in a machine, requiring amputation and resulting in a permanent loss. Or, consider a scenario in which a dog attack leaves a child with permanent facial scarring.

Psychological Injury

While physical injuries are almost always sustained by victims of accidents on hazardous property, psychological injuries are frequently overlooked. Psychological injuries can be extremely limiting and disabling, and they can have a significant impact on an individual’s quality of life. 

After a premises liability accident, common psychological injuries include anxiety, depression, and Post-Traumatic Stress Disorder (PTSD).

What To Do Following A Premises Liability Accident In California?

An injury sustained on the unsafe property of another can be as disorienting as it is physically damaging. However, knowing what steps to take after an accident can help injured parties obtain justice and financial recovery. And this could be the key to helping them reclaim their lives.

Obtain Immediate Medical Care

Depending on the severity of your injury, you may require emergency care, and receiving this care as soon as possible after an injury can be crucial for preventing further health complications. Taking this action will also result in a doctor’s report describing your injuries, which can be crucial in a future premises liability claim.

Notify the Proper Authority of the Accident

The “proper” authority will depend on the location of the accident. This authority could be the store owner or manager if you slipped and fell in a retail store or the landlord or homeowner’s association if you were injured on residential property. Reporting the incident to the proper authorities can result in a second accident report, which may be useful for establishing negligence in the future.

Photograph the Accident Scene

If possible, take photographs of the accident scene as soon as possible after the incident. Again, these photographs may serve as crucial evidence in a future premises liability claim if they document the unsafe or hazardous conditions that contributed to your injuries.

Preserve Your Medical Bills

If you require ongoing medical care as a result of your accident, save every bill you receive. These bills can play a crucial role in establishing your potential future compensation.

Reduce Your Contact With Insurance Providers

If one or more insurance companies contact you after an accident, proceed with extreme caution when speaking with them, as what you say to them may affect your future financial recovery.

Contact Us at Haffner Law 

This is the most effective way to protect your rights to compensation for your injuries, damages, and losses following an accident. If you can only take one action after an accident, this is the action you should take. 

This is because our premises liability lawyer in Los Angeles, CA can handle everything else associated with your claim and will work tirelessly to help you achieve the best possible outcome.

Who Are The Liable Persons Under California Laws?

Not only property owners are liable for injuries resulting from unsafe premises. Depending on the circumstances, anyone who rents, leases, possesses, or works on the property may be liable. 

For instance, if a person slips and falls and is injured due to a wet floor in a restaurant, the restaurant owner who leases the property could be held liable, not the property owner. In California, the person or organization responsible for property maintenance is liable. In some instances, this may involve multiple individuals or entities.

You may be eligible for compensation if you are injured due to unsafe property conditions on a commercial or residential property in California. Haffner Law provides representation for premises liability claims, fighting for the right to compensation for damages and expenses caused by negligent property management. 

Contact our law office to schedule a free case review with a member of our legal staff to determine if you should file a premises liability claim for your injury.

How To Prove Premises Liability In California?

In California, before you can successfully hold a property owner liable for your accident and recover damages, your personal injury attorney must establish premises liability. In all civil actions, the burden of proof falls on the injured party or plaintiff. 

The plaintiff is responsible for proving that the defendant caused or failed to prevent the injury in question. The burden of proof in a civil claim is a preponderance of the evidence: clear and convincing evidence establishing that the defendant is at least 51 percent responsible for the accident. 

Our Los Angeles premises liability attorney will need to establish that the defendant is more likely than not responsible for your injuries and losses during a premises liability case. Four key elements are required to prove a case of premises liability:

• At the time of the accident, the defendant was the individual or entity who owned or controlled the property. This establishes that the party is the correct defendant and that it is his or her legal responsibility to maintain the property in a reasonable state of repair.
• The defendant exhibited negligence. He or she failed to exercise reasonable care required by the situation. The negligence of a defendant will depend on your status as an invitee, licensee, or trespasser, as well as the reasonableness of the circumstances.
• The defendant’s negligence directly or substantially contributed to your injury. Your injury must have been caused by the defendant’s breach of duty of care. If another factor caused the accident or injury, the property owner would not be held responsible.
• You suffered compensable damages as a result of the accident on the premises. This may require medical bills, pay stubs, and photographs of your injuries as evidence.

Our premises liability lawyer in Los Angeles, CA can assist you in proving your case by gathering evidence that may convince a judge or jury to rule in your favor. 

Winning You The Compensation You’re Owed

Toxic exposure can cause long-term health problems that require tens of thousands of dollars to treat. Dog bites can cause emotional trauma that lasts a lifetime. Falling and injuring your neck or spine can lead to paralysis. 

Premises liability accidents in Los Angeles are serious, and you deserve serious compensation for all the hardships you’ve suffered. Below are some of the most common damages recoverable through premises liability claims:

• Healthcare expenses, including future bills
• Lost time at work or inability to return to work
• Diminished quality of life
• Pain and suffering
• Wrongful death

What Is California’s Premises Liability Statute Of Limitations?

In California, all cases involving premises liability are governed by an important statute of limitations. This is the maximum amount of time allowed for a victim to file a lawsuit. It is imperative to adhere to the statute of limitations, as almost all cases brought after the deadline are dismissed. 

There are only a few rare exceptions to the rule. The statute of limitations for premises liability cases in California is two years from the date of the accident (California Code of Civil Procedure Section 335.1). In most cases, you must file your claim within two years of the accident to have a valid lawsuit. 

If you did not discover your injury until a date after that of the accident, the clock would begin to run on the date of discovery. Discuss your accident as soon as possible with our Los Angeles premises liability attorney to ensure you meet the filing deadline.

Partner With a Los Angeles Premises Liability Attorney

In California, you have two years from the date of your accident to file your compensation claim. That means gathering evidence, completing mountains of paperwork, and building a strong claim while you’re dealing with potentially serious injuries.

Allow a Los Angeles premises liability lawyer from Haffner Law to handle all of that for you. To start making your life easier as you pursue the compensation you’re owed, fill out the form below or call us today!