Premises Liability Injuries

 Have you been injured due to an accident caused by a defective or dangerous condition on someone else’s property in Orange County, Los Angeles County, or surrounding areas? You may be entitled to compensation under the Premises Liability law.

Property owners or occupiers of premises often attempt to deny, or minimize their liability and blame the victims of such accidents. If you have been injured on someone else’s property, you deserve to be compensated for your loss. Our legal team is committed to fighting for your rights, holding the at fault owners accountable, and fighting for the compensation you deserve!

Our Orange County and Los Angeles County premises liability attorneys treat clients like they would want to be treated. We’ll go above and beyond for you or your loved one, and will fight on your behalf to obtain the compensation you deserve!

WHAT IS PREMISES LIABILITY?

Premises liability is a type of personal injury claim that arises when an injury is caused by a dangerous or defective condition on someone else’s property. As with other personal injury cases, premises liability cases are based on the negligence of the at fault party. The injured party will need to prove the property owner or occupier of the premises was negligent and “failed to use reasonable care” in maintaining the property.

Although, there are many types of premises liability claims which fall under the umbrella of Premises Liability. That is why it is important to have the right representation from the initiation of the case. Examples of common premises liability claims include:

  • Slip and fall accidents– Accidents which are caused by some sort of defect or failure to maintain on the ground, such as spilled liquids, broken or uneven floors or pavement, worn out rugs or carpets, or other objects on the ground.
  • Negligent security– When a property owner or occupier fails to provide adequate security measures, including guards, proper lighting, or alarms, the owner or operator may be liable to a person who is injured.
  • Dog bites– The owner of a dog that bites someone can be liable to the injured person.
  • Elevator and escalator accidents– Property owners and occupiers can be liable for injuries caused by elevators and escalators, such as being pinned by closing elevator doors, or by broken escalator steps.
  • Fires and explosions– Fires or explosions on someone’s property that are caused by a dangerous or hazardous condition can result in liability for the property owner or operator if someone is injured.
  • Amusement park accidents – Owners or operators of an amusement park may be liable for injuries caused due to a malfunctioning ride, accidents relating to negligent operation of the ride, or other injuries sustained not relating to a ride.

WHAT DO I HAVE TO PROVE IN A PREMISES LIABILITY CASE?

Since most Premises Liability claims are based on the at fault party’s negligence, an injured party who brings a premises liability claim against a property owner or occupier is required to prove that the owner’s or occupier’s negligence and/or failure to use reasonable duty of care in the maintenance of the property which caused the injuries.

The reasonable care that a property owner or occupier owes to a visitor to the property depends on the visitor’s status. Most premises liability claimants qualify as “Invitees”, which means that they are on the property for “the benefit of the property owner or occupier.” For example, when someone visits a store, restaurant, or someone’s home.

Visitors may also be “Licensees”, which means they have the right to be on the property, however they are on the property for their own benefit. For example, utility workers, emergency workers or police.

Another category of visitors which can have a case against the at fault party are known as trespassers. In some states, a property owner or operator owes NO duty to a trespasser except to avoid intentionally causing harm, such as planting booby traps against a burglar. However, in California the states that an owner or occupier has a reasonable duty of care toward all people who enter a property. Therefore, even if you trespass onto someone’s premises and are injured, you may have a claim!

As we can see, there are many scenarios for which a claim can be brought against an owner or occupier of a premises. It is crucial to talk to an attorney so your rights against an owner or occupier can be protected!

Bill Paulsen Law

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