If you have suffered an injury on someone else’s property, it can be challenging to figure out what to do next. If your injury was due to unsafe conditions on the property, you deserve compensation for your injuries. A Los Angeles premises liability lawyer can help you obtain the compensation you deserve.
In California, every person must manage their personal properties in a way that is safe for those who use them. If property owners fail to live up to their responsibility, they may be liable for any resulting injuries. This concept is known as premises liability.
A person who negligently owns or manages a property has to pay for the damage they cause, much like in any other negligence case. Victims must prove several elements to demonstrate that they are owed compensation under premises liability laws. If you have been injured on someone else’s property, a Los Angeles premises liability lawyer can help you identify and prove these elements.
There are generally four elements a premises liability lawyer must prove to get compensation for premises liability. Each of these elements is essential to establishing your case.
First, you must show that the defendant had a duty to you. Generally, a property owner or manager has a duty to keep property reasonably safe for those who enter their property. The responsible person does not have to be the ultimate owner of the property. They could also be a lessee, property manager, or anyone else responsible for maintaining the property.
Second, you must show that the owner or manager breached their duty to you. The law uses a “reasonably prudent person” standard when making this judgment. Basically, if the property owner didn’t demonstrate the same level of care a prudent person would have, then they breached their duty.
Third, you must have suffered an injury. Proving an injury involves collecting physical evidence and expert testimony to show you were injured. Examples of injuries include:
This element may seem straightforward, but can become complicated in cases that involve less apparent injuries.
Finally, the defendant’s negligence must have caused your injury. For example, if a property owner has an unsafe and unmarked ditch on their property, but you tripped over your shoelace, the breach of duty did not cause the injury. However, if you fell into the ditch, the owner’s breach of duty caused the injury.
Proving each of these elements can be more complicated than it seems. If you think you have a premises liability case, a Los Angeles premises liability lawyer will help you determine how to prove it.
The statute of limitations for premises liability in California is two years. This limitation means that if you do not file your claim within two years after the injury, the court will likely throw your case out immediately.
Some exceptions exist, such as when you do not discover your injury until after the accident. In these cases, the court will sometimes extend the statute of limitations to two years after discovering the injury. If you have any questions about the statute of limitations, a premises liability lawyer can help.
Ultimately, the individual or entity that owns or manages the property will be responsible for paying damages. In practice, it is usually the property owner’s insurance company that pays.
Most premises liability cases end in a settlement. The amount of insurance the property owner carries can factor into the settlement. Premises liability lawyers will help you determine how best to pursue your case.
Our Los Angeles premises liability attorneys at Peerali Law know how to craft innovative and creative legal solutions to personal injury matters. Our firm’s passion is seeking justice for those injured due to the negligence of others. In pursuit of this passion, we have recovered millions of dollars for our clients.
The boutique nature of our firm means you will always be speaking directly with our premises liability attorneys in Los Angeles. We care deeply about every case and will handle yours from the moment you sign with us through to the end of litigation or a settlement.
Contact Peerali Law today so we can help you fight for the compensation you deserve.