Alhambra Premises Liability Attorney
California Premises Liability Law
Individuals who own or manage property or buildings are obligated to maintain a safe environment for all guests, visitors, and residents who use or occupy the property. Failing to keep property safe for others can be considered negligence, and injured individuals have the opportunity to file a personal injury claim for damages. This means that though accidents and injuries happen all the time for no reason, there is a chance that a property owner can be responsible for your slip and fall accident or a swimming pool injury.
Defining Premises Liability
In the realm of personal injury law, individuals can file a premises liability lawsuit to recover damages from a negligent property owner after an injury on that person’s property. Not every accident on someone’s property is the owner’s fault, however, which is why victims must prove certain elements in order to have a successful claim. You will need to show that the property owner knew or should have known that their premises was unsafe or dangerous but failed to fix the situation, and this negligence is what led directly to your injuries.
Common types of premises liability cases include:
- Slip and fall accidents, which occur when a victim trips or slips on a surface and falls. These accidents often result in sprains and broken bones, as well as more serious injuries like spinal cord or head injuries.
- Swimming pool accidents, which can cause serious and fatal injuries like drowning. Children comprise a large number of swimming pool accident victims.
- Dog bites, which many people assume occur on walks or in public parks, but can also happen in the dog owner’s own backyard.
- Amusement park accidents, which typically include ride malfunctions, assaults, parking lot accidents, and more. Amusement park companies are typically held liable for accidents caused by their own employees.
- Inadequate building security that leads to injury or assault. A lack of security in a bank, for instance, can lead to robberies and other types of crimes.
- Toxic fumes or chemicals, which can occur in apartment buildings or office environments.
Generally, all individuals who are legally on someone’s property and can show the owner was responsible can file a claim. Trespassers, or people who are not authorized to be on the property, are unable to recover damages if they are injured, with some exceptions.
Causes of Slip & Fall Accidents
Slip and fall accidents are the most common premises liability case and occur when people slip or trip on someone’s property. Each year, around one million people have to go to the emergency room because of slip and fall accidents.
Common causes of these accidents include:
- Wet surfaces: Countless slip and fall accidents happen on wet or slippery surfaces. Examples include spills that haven’t been cleaned up, recently waxed floors, or moisture collection.
- Uneven surfaces: Loose floorboards, torn or loose carpeting, parking lot potholes, and poorly constructed staircases are all examples of uneven surfaces that can easily cause a person to trip and fall. Property owners are responsible for updating their buildings and fixing these issues.
- Weather conditions: It’s impossible to control the weather, but property owners still have a responsibility to keep their sidewalks clear and stable after rainfall or snow. If they fail to do so, they can be found guilty of negligence.
- Poor lighting: Dim or defective lighting in a common area or parking lot can prevent a person from seeing where they’re walking, resulting in a slip and fall accident. Beyond slip and falls, poor lighting can also create a dangerous environment and result in an assault.
California Dog Bite Laws
Just as property owners have a responsibility to keep their premises safe , dog owners also have a responsibility. In California, dog owners can be held liable for injuries their dog inflicts, even if they didn't know they would act aggressive. This is thanks to California's strict-liability dog bite laws.
When a dog lashes out and bites or injures a person, whether out of fear, aggression, or playfulness, the dog’s owner can be responsible for damages. Many dog owners are covered under insurance policies. Under certain circumstances, however, the dog owner can evade liability if they can prove the victim provoked the dog.
Do Doctors Have To Report Dog Bites In California
In general, yes doctors are required to report dog bites in California. The main reasoning behind this is to ensure that no one has contracted rabies as a result of a dog bite. Reporting also allows local public health authority to track data and trends in dog bites to people.
Don't Wait to Get Help!
Injured on someone’s property? Even if you’re unsure whether someone can be at fault for your injuries, it’s in your best interest to call a law firm that is ready to listen and help you. Lara Law Firm is just a phone call away. Our Alhambra premises liability attorney is able to meet with you in a one-on-one consultation to learn more about your accident and determine whether someone can be held liable for damages.
Lara Law Firm offers compassionate legal services to injured clients throughout Southern California. We can walk you step by step through the legal process and handle the details of your case so you can concentrate on healing from your injuries.
Thank you, Richard! You’re the best!- Erin, Student of Nursing
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High standards of care- Former Client
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$344,000 Bus Crash
We have recovered a settlement for a client that suffered from serious injuries due to a tour bus crash.
$70,000 Soft Tissue Injury
We have recovered a settlement for a client who suffered from a soft tissue injury resulting from a rear end collision.
$68,000 Asset Seizure Defense
Recovered client's $67,996 cash, the entire amount that United States Customs and the DEA seized, by persuading the court that law enforcement confiscated the money in violation of state and federal law.
$50,000 Unpaid Wages & Hostile Workplace
Forced a $50,000 settlement for client in his case against his former employer for unpaid wages and hostile workplace.
$10,000 Sexual Harassment
Forced settlement for client for $10,000 for a client in her case against her former employer for sexual harassment and unpaid overtime.
Theft Crimes Criminal Defense
Negotiated Deferred Prosecution for a client charged with larceny and shoplifting - Deferred Prosecution results in dismissal of charges in certain cases provided that defendant agrees to satisfy court-ordered conditions.
Divorce Case Family Law
Forced a settlement for the client, which gave her ownership and possession of the marital residence and exclusive ownership and possession of vacation home to compensate her for her ex-husband's hiding and squandering of community property assets.
Hit and Run Criminal Defense
Negotiated Civil Compromise for client charged with hit and run, which resulted in all charges being dropped - Civil Compromise results in charges being dismissed if defendant agrees to pay victim's damages.
Achieved Reduction Serious Crimes
Achieved reduction of Attempted Murder charge to Misdemeanor Domestic Violence.