Premises Liability Lawyer in Los Angeles
Trusted Attorneys Clients Turn To For Their Premises Liability Case
Property owners have a legal responsibility to provide a safe environment for anyone who comes onto their premises. When they don't, it can result in a terrible accident or injury. California premises liability laws protect those who've gotten hurt due to the negligence of a landowner, landlord, or occupier.
If you have suffered a serious or fatal injury while on the grounds of a company, government building, or store, then you need to hire an experienced and fearless liability lawyer who will advocate for your rights while aggressively pursuing your best interests in the court of law. Contact us today at (323) 999-3500 to schedule your free initial consultation with a personal injury attorney in Los Angeles.
Why Choose The Law Offices of Oscar H. Gutierrez?
When you're involved in a premises liability lawsuit, you'll need a lawyer who understands the legal process and has ample experience dealing with insurance companies. For over 40 years we've protected victims from schemes and tactics designed to devalue their accident claims. With a strong reputation of helping clients recover maximum compensation, we will strive to hold the defendant accountable for your serious injuries.
Types & Causes of Premises Liability Accidents
Premises liability accidents are never straightforward. It can take on many forms and it might be hard to tell whether the owner is liable for your injuries. Common causes of most premises' liability accidents include:
- Slick, waxy, or wet floor surfaces
- Poor or inadequate security
- Faulty elevators from lack of routine maintenance from third-party companies
- Limited upkeep (ex. faulty step, rotten deck, poorly secured window)
- Dog bites or attacks
- Pool incidents
Our experienced premises liability injury lawyers serve individuals who have been terribly injured or killed in various situations at the following locations:
- On government property
- In shopping malls
- Near construction sites
- At grocery stores
- Restaurants or food industries
- Near convenience stores
- Fast food restaurants
- Many other locations
Responsibility of a Property Owner
Whether you are a proud new or long-term homeowner, you can be held liable for any accident that happens on your property. There are three different classifications to be mindful of:
Invitees – visitors who are owed the highest level of care. For example, business owners must provide customers with safe shopping conditions.
Licensees – Waiting for family or friends to arrive? They are considered licensees. Regardless of the nature of your relationship, it is expected that you will notify them of potential risks.
Trespassers – although they are not supposed to be there, property owners should still take on safety measures to prevent hazardous conditions should minors wander onto the property.
With the right attorney, the court may not find you at fault. But in most cases, any sign that the premises wasn't safe or free from hazards can cost you thousands in financial restitution.
Visitors also have a responsibility to be vigilant when they're on your property. Even if they get injured, they must verify that they did their best to maintain their safety and still got hurt. In cases where an invitee does not abide by your safety warnings and still sustains injuries, the state might enforce the doctrine of comparative negligence. That means both parties would share a percentage of fault and owe compensation based on their contributions to the accident.
Can I Recover Damages?
Each case is different per client. Before you can bring a claim against the property owner, we ask that you schedule a free consultation and case evaluation. Several recoverable damages you can obtain include:
- Medical expenses, treatments, medications
- Loss of past or future income
- Attorney fees
- Punitive damages
- Pain and suffering
As long as you file a claim within two years from the date of your injury, we will be able to pursue a lawsuit on your behalf. If you fail to meet this statute of limitations, your case will be rejected by the court.
Related Articles About Premises Liability
Premises Liability and Parking Lot Injuries
Slip and fall accidents that occur in parking lots are labeled as premises liability claims. Parking lots come with their own set of rules, regulations, and laws. Parking lot owners are expected to follow a few steps to keep visitors safe. They include:
- Having proper security and lighting
- Utilizing visible and proper signs
- Regularly manage and maintain safety precautions
How To Keep Your Property Safe to Avoid a Lawsuit
As the property owner, you can be held liable if someone gets hurt. You can even be sued if you are a tenant in someone's building and one of your guests gets injured. You can try to protect yourself against a lawsuit by getting commercial general liability insurance or preventing injuries from happening altogether by:
- Inspecting areas where potentially unsafe conditions may occur.
- Fix hazardous conditions immediately after you suspect them.
- If the problem cannot be corrected quickly, you should warn visitors of the danger.
Who Is Responsible for Premises Liability?
Are you aware of your responsibilities as a property owner? You should put up a warning letting visitors know of any potential dangers on your property, such as live wires, loose footpaths, unsafe stairs, and swimming pools. The status of the visitor is often vital in settlements.
- An invitee is someone who has entered the premises based on invitation.
- A licensee has entered the premises on their own accord but with the consent of the owner. While they were not invited, they were still welcome.
- A trespasser is someone who entered the property illegally.
Frequently Asked Questions About Premises Accidents
- What do I need to prove in a premises liability case?
Although premises liability cases vary per state, the elements of each case are usually the same. If you suffered an injury on someone's property, you must be able to demonstrate that:
- The defendant owns, occupies, or leases the property where you got hurt
- The defendant failed to maintain the property properly
- You (the plaintiff) were harmed because of their lack of care
- The defendant's negligence was the main factor in causing the accident
- Can someone sue the city after falling on a city sidewalk?
If someone falls on a poorly maintained sidewalk, they may have a case against local government entities. Because the statute of limitations is typically 180 days after injury, we recommend consulting with a premises liability lawyer to determine if you have a case against the city. Municipalities are responsible for maintaining streets and sidewalks.
- The insurance company offered me a cash settlement. Why shouldn't I take it?
Avoid taking any offer from an insurance adjuster without consulting with a lawyer first.When you file a premises liability claim insurance adjusters will reach out to determine the extent of your injuries before deciding how much the insurance company will compensate you.Keep in mind that their goal is to save the insurance company and the defendant money. Accepting an early cash settlement hurts your chances of filing a lawsuit for additional compensation.
- What should I do immediately after a premises liability injury?
Whether you get hurt on the premises of a hotel, at a friend's house, or on school grounds, there are a few guidelines you should follow. It'll help you file a premises liability claim if you're suffering from serious injury!
- Visit a doctor immediately - even if you feel fine after the accident. Most injuries have delayed symptoms.
- Try to take notes on what you remember about the incident. Having a written testimonial on your experience will allow you to clearly recount what happened with a premises liability lawyer!
- Collect evidence from the accident scene. Try to take photographic evidence of the area, your injuries, the property damage as evidence of the owner's negligence. If there were witnesses, you'd want to gather their contact information as well.
- Have you paid out-of-pocket expenses? You might be entitled to compensation for what you've spent. Keep track of bills, recipients, and other damages related to the accident.
- Reach out to a skilled premises liability lawyer to begin your claim!
A Law Firm with a Winning Strategy:
At Gutierrez Law we take a strategic approach to all premises liability cases that come in our office. We devote our knowledge, skills, and resources to developing a solid premises liability case and arguing it before a judge and jury. Take the first step toward successfully resolving your premises liability claim today by calling us at (323) 999-3500 for a free consultation. We will not charge any fees until we successfully obtain monetary compensation for you by bringing those responsible for your injuries to justice.