Los Angeles Premises Liability Attorney

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Under California law, anyone who owns property has a legal obligation to keep it safe from hazards. If property owners fail to properly maintain their property and someone incurs injury as a result, they may be liable for damages under premise liability law. In LA, people sustain injuries each year by dangers that owners’ care could have prevented. While many accidents are minor, some result in serious and even catastrophic injuries. If you or a loved one are struggling with medical bills, lost wages, or other damages associated with an accident incurred on someone else’s property, you may be entitled to compensation for your injuries.

What is Premises Liability?

The term “premise liability” refers to the idea that anyone who allows others on their property has a duty to use “reasonable care” in its upkeep. In other words, entities like businesses, public parks, and government building must maintain their properties to prevent foreseeable injury. Slip and fall accidents are one of the most common types of premise liability accidents, so much that it’s sometimes called “slip and fall liability”. However, premise liability law encompasses all kinds of scenarios, including:

Pool accidents
Elevator and escalator accidents
Campus injuries
Matters of negligent security
Trip and fall accidents
Dog bites
Asbestos or lead related illness (for renters), or
Amusement park injuries

As you can see, premise liability is a large and multi-faceted area of the law. Premise liability cases can become very complicated, as they often involve businesses, public, or municipal entities. These all have different legal guidelines and insurance considerations, making each case unique. Panish, Shea & Boyle, LLP has experience with each kind of this complicated litigation. From class action lawsuits to individual plaintiffs with complex injuries, our firm has seen a wide array of premise liability cases in the City of Angels. You can contact our experienced Los Angeles premises liability attorney team for help with your case today!

Los Angeles Negligent Security Case Attorneys

Victims of a violent crime are frequently also covered by premises liability law, under a special legal principle called negligent security. Owners have a duty to maintain a safe property and avoid foreseeable hazards; this includes the foreseeable hazard of violent crime. That means that if a public or private property is located in a high-crime area or presents an attractive target for other reasons, property owners must provide good lighting, secure door locks, security guards or other appropriate security measures. If it fails, victims of the resulting crimes may hold them responsible. The courts have extended this liability to rental landlords, schools, employees and even online violence.

Premises liability and negligent security lawsuits can be very complicated because they frequently involve more than one business or even government agencies, each of which has a separate insurer, and sometimes multiple victims. Panish | Shea | Ravipudi LLP has extensive experience handling and winning this kind of complex litigation. Our attorneys have taken leadership roles in several large-scale national class action lawsuits, as well as individual lawsuits presenting complicated liability and procedural issues. Partner Brian Panish won the largest settlement ever against the City of San Francisco, $21 million, for a wrongful death of a four-year-old girl hit by a municipal truck as she walked home from school.

What is Involved in a Premise Liability Case?

While each premise liability case is unique, litigating them requires four unique aspects:

• Showing a property owner owed the victim a duty of care. Public and private entities own all “invitees” a duty of care, though this does not apply to trespassers.
• A defective condition existed on the property. This could be one that the owner did or should have known about. Examples include a broken stair, inadequate lighting, lax security, and more.
• The defective or dangerous condition directly led to the victim’s injuries. This needs to be proven without a reasonable doubt it was the route cause.
• They incurred damages as a result. Examples of injuries include medical bills, lost wages, or pain and suffering.

Our Client Success with Premises Liability

The Los Angeles premises liability attorneys at Panish | Shea | Ravipudi LLP are national leaders in personal injury and consumer protection law. Partners have won several landmark verdicts and settlements, including the largest verdict in U.S. legal history in Anderson v. General Motors and the nation’s largest defective-tire settlement in Lampe v. Continental General Tire. Our lawyers are repeatedly nominated or honored with awards for their leadership roles in those and similar cases. Name partners frequently write and speak to other attorneys about their legal specialties and all of our attorneys are active in public life.

Premises Liability Verdicts & Settlements

Williams v. Doe Garbage Truck Company $7,000,000
Vasquez v. Doe Oil Refinery $6,000,000

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What to Do if I’m Injured on Someone Else’s Property in California?

If you suffer an injury while on someone else’s property in California, remain calm and recognize that there are steps you need to take to protect your legal rights. For example, you should never admit fault for the accident. Do not apologize to the property owner or say that the accident might have been your fault. This will hurt your chances of recovering financial compensation from the property owner’s insurance provider.

Here’s what to do if you get injured on someone else’s property in Los Angeles:

Seek immediate medical attention. Your health and well-being are top priority. Go to a hospital or a doctor as soon as possible, even if you do not seem injured initially or your injuries appear to be minor.
Report the accident. Tell someone on the premises about your accident, such as a store manager, site manager, business owner, property owner, landlord, homeowner or your employer. Ask for a written record or accident report.
Document the scene. Before you leave the scene of your premises liability accident, document it by taking photographs and videos of the location or dangerous property defect. Make note of any surveillance or security cameras in the area.
Gather witness information. If other people were present at the scene of your accident, write down their information and phone numbers. They may be able to provide witness statements.
Preserve evidence. Keep the clothing and shoes you were wearing at the time of the accident, as well as any damaged items or other objects involved. Request copies of the accident report and your medical records.
Notify the correct insurance company. If you believe the property owner may be responsible for your accident, inform your own homeowners or renters insurance company. They can contact the property owner’s insurance provider to file a claim.
Contact an attorney. Before you continue with the injury claims process, contact a Los Angeles premises liability lawyer at Panish | Shea | Boyle | Ravipudi LLP for assistance. We can assess your case, determine liability, help you collect evidence and file a claim against the property owner’s insurance company.

Do not accept a fast settlement offer from an insurance provider. Instead, take your premises liability case to an experienced attorney in California for advice that is tailored to your specific situation. Obtaining accurate legal information by having a lawyer guide you through the process is critical for the success of your premises liability claim.

What Damages Can I Receive in a Premises Liability Case in Los Angeles?

“Damages” is the legal term for financial compensation available through a personal injury claim or civil lawsuit after a premises liability accident in Los Angeles. California law allows for the recovery of several types of economic and noneconomic damages. Economic damages are the specific monetary losses connected to an accident, while noneconomic damages are the general or intangible losses suffered by the victim (also known as “pain and suffering”).

You could be eligible to recover the following damages:

Medical bills: all current and anticipated future health care costs associated with the accident, including hospital stays, surgeries, doctor’s appointments, prescription medications, physical therapy, rehabilitation and medical devices.
Lost wages: income, earnings and employment benefits lost due to injuries that have caused you to miss work, including future lost capacity to earn if you have a temporary or permanent disability that interferes with your ability to work.
Pain and suffering damages: compensation for the physical and emotional pain and suffering you have endured due to the accident and your injuries, including emotional trauma or psychological harm.
Loss of consortium: compensation given to a spouse or family member of the victim for the loss of care, companionship, affection and intimacy due to the victim’s injuries.
Disability expenses: expenses associated with a short-term or long-term disability, such as necessary ongoing care, rehabilitation, mobility-assistive devices, and home or vehicle modifications.
Punitive damages: in cases involving extreme (gross) negligence or intentional misconduct, California courts may also award punitive damages to punish the liable party and deter similar behavior in the future.

Each case is unique. The potential value of your premises liability claim in Los Angeles will depend on factors such as the severity of your injuries and the evidence presented. Consulting with a premises liability lawyer is crucial to understanding the potential damages you may be eligible to receive. Our lawyers will accurately evaluate how much your case may be worth. Then, we will help you build a strong claim to pursue the financial compensation that you deserve.

California Premises Liability Statute of Limitations

An important law to know as a premises liability accident victim in Los Angeles is California’s statute of limitations. A civil statute of limitations imposes a legal filing deadline or time limit on a victim’s ability to seek financial compensation for his or her injuries. According to state law, most premises liability and other personal injury lawsuits must be filed within two years of the date of the accident or injury.

There is an exception known as the discovery rule in cases where the victim does not discover his or her injuries immediately. In these scenarios, the victim has one year from the date that the injury was discovered or reasonably should have been discovered with due diligence to file a claim. There is also an exception for claims against government entities, such as premises liability cases involving accidents on public property. A claim against the government must be filed within just six months of the date of the accident.

For a wrongful death case resulting from premises liability, the statute of limitations in California is two years from the date of the decedent’s death. In some cases, the statute of limitations can be tolled, or suspended, for a period of time based on special circumstances. For example, if the defendant leaves the state, the statute of limitations can be paused until his or her return. If the injured accident victim is a child under the age of 18, the minor has two years from the date of his or her 18th birthday to file a premises liability lawsuit in court.

In general, if you miss your statute of limitations, you will give up the right to pursue damages from a responsible party. The courts in California adhere strictly to applicable statutes of limitations to keep the justice system just for all parties involved. Otherwise, an injured accident victim could conceivably hold the threat of a lawsuit over a defendant’s head indefinitely. It is critical to consult with an attorney as soon as possible about a potential premises liability claim – before it is too late.

How a Los Angeles Premises Liability Attorney Can Help

A premises liability attorney in Los Angeles will have the experience, knowledge, resources and commitment to build the strongest possible injury claim on your behalf. The right lawyer can be invaluable if you or a loved one has been seriously injured while on someone else’s property in California.

An attorney can assist you in numerous ways, such as:

Providing legal knowledge and expertise: a premises liability attorney specializes in this area of personal injury law. Your lawyer can help you understand the nuances, relevant statutes and legal precedents involved in your case.
Investigating your accident: a law firm can send investigators to the scene of your accident to interview witnesses, gather evidence, obtain records and take other steps to support your premises liability case.
Determining liability: after a comprehensive investigation of your accident, your lawyer will analyze the circumstances surrounding your injury to determine the liable party/ies. This could be the owner, occupier or controller of the property.
Negotiating with insurance companies: your lawyer can take over insurance claim negotiations and deal with a claims adjuster on your behalf to fight for a fair settlement for your injuries.
Assessing your damages: you can trust a lawyer to accurately evaluate the worth of your premises liability case. Unlike an insurance company, your lawyer will want to maximize your payout – not minimize it.
Filing court documents: an attorney can take over confusing legal processes and paperwork for you, as well as file your claim before the applicable statute of limitations.
Hiring experts: if necessary, a lawyer can hire expert witnesses who are highly qualified to provide testimony that supports your case, such as property safety experts or medical professionals.
Representing you in court: although most premises liability cases in Los Angeles reach settlements, an attorney has the power to represent you in court, when necessary. Your lawyer can present evidence, cross-examine witnesses and make legal arguments on your behalf.

Throughout a Los Angeles premises liability case, you can trust your lawyer to give you sound legal advice and guidance, ensure that you are treated fairly, and fight for the case results that you need to move forward. Most importantly, hiring a lawyer will give you peace of mind to focus on your recovery while he or she handles a claim on your behalf.