Liability Following an Accident on Someone Else’s Premises

Falling and suffering a painful injury will pose a huge roadblock in your life as you recover. The medical bills will be high, and depending on the injury, you may have to take time off work. You’ll undoubtedly be in need of financial assistance. 

If your injury occurred while on someone else’s premises, are they liable? Did they show negligence in maintaining a safe environment for invitees? Alongside your aching body, these questions all pose a significant threat to your wellbeing. That’s why you should reach out to a premises liability attorney Los Angeles to ensure that you’re compensated for this negative experience and financial strain. 

If the owner of the premises invited you to visit their property, they should have made sure their place was safe for guests. Since your injury occurred while on the property they own, they are at fault for not maintaining a safe area, so they will be liable for your injuries. A Los Angeles premises liability attorney will explain that the property owner failed in their duty to keep invitees from dangerous conditions and defects on the property. Slip and fall cases are the most common premises liability injuries. Your personal injury attorney will argue the owner has a duty to exercise reasonable care in the management of the property. 

Finding the Liable Party

It’s impossible to keep guests on one’s property 100% safe all the time, but the host should have ensured that persons on their property are not in danger of hurting themselves. Wet floors, uneven steps, falling objects, and dangerously placed machinery are all situations where a slip and fall injury could occur. 

Anyone entering property takes a chance, but when the property owner puts them at an unreasonable risk of harm, they can pursue a personal injury case.

Preparing For Your Lawsuit

If you’ve been injured in a slip and fall case while on someone else’s premises, it’s possible you had to take a trip to the emergency room for first aid. Make sure to take pictures of the damage to your body, including cuts, bruises, and broken bones. Following your initial treatment, your injuries may require further medical attention, so you should document any future doctor’s visits you have to attend. 

Keep your medical bills and injury photos handy as a visual representation of the pain and suffering you experienced. Document the physical damages as well as any emotional distress you faced.

Filing Your Claim

One of the chief points to establish in your lawsuit is what your status on the property was. The law divides visitors into three categories of person.

  • Invitees - Invitees deserve the highest degree of protection, and the property owner has a greater duty to provide an environment that is safe to navigate. An invitee is someone who is invited onto the land by the possessor of the property, whether it’s for business or personal reasons. 
  • Licensees - A licensee is only on the property for a social function, or for their own personal purpose.  A property owner is only required to take reasonable care to protect licensees from any previously known hazards on their land.
  • Trespassers - Trespassers are not on the property lawfully because they were not invited by the possessor of the property. Since they entered the premises without the owner’s consent or knowledge, the owner is not liable for anything that happened to them. However, if a property owner knows there are frequent trespassers on their land, it’s possible that he can be held liable for any injuries caused by unsafe conditions on the property. In this case, the owner should have put a sign up informing trespassers of potential danger. A common example is a “Beware of Dog” sign.

“An unreasonable risk of harm” will be the focus of whether or not you get compensation. The defendant will try to claim that their property was relatively safe for the average person and that you were at fault for your injury. However, your Los Angeles premises liability attorney can argue that they did not inform you or take efforts to prevent any potential danger. 

The area where the accident occurred will be examined, as well as your injuries and medical bills. Courts will determine whether or not the plaintiff was in danger of an unreasonable risk of harm, and if the owner/occupier failed in their legal obligation. 

Speaking to a personal injury lawyer is the best way to ensure compensation for your injuries. Your attorney will go over all legal terms and avenues so that you feel confident in pursuing your claim. Gutierrez Law fights for justice in each and every lawsuit. Visit our website to find out how you can get a free consultation about your claim.