Los Angeles Premises Liability Lawyer

Los Angeles Premises Liability Attorney

Whenever you visit someone else’s property, it is natural to expect the property to be free of foreseeable safety hazards and for the property owner to have taken appropriate care of the premises. Unfortunately, this is not always the case, and when a property owner does not manage their property appropriately, lawful guests and visitors may suffer serious injuries. If you have experienced such an incident, you need to speak with a Los Angeles premises liability lawyer.

Helping Los Angeles, CA, Clients With Their Premises Liability Claims

The team at Amendt Law has years of professional experience handling all sorts of personal injury claims in Los Angeles, including those pertaining to premises liability. The state’s laws on premises liability require property owners to ensure their properties are safe for lawful guests and visitors. If they fail to meet these responsibilities, they can face liability for any resulting injuries.

Slip and fall cases are the most common type of premises liability claims filed in California. It is also possible for a premises liability case to pertain to negligent security if a property owner fails to ensure appropriate security and a lawful guest, visitor, or tenant suffers harm from criminal activity as a result. Many types of civil claims unfold under the state’s laws on premises liability, and it is important for victims to have reliable legal counsel for these cases.

When you have an experienced Los Angeles premises liability lawyer representing you, they can help prove the exact cause of your injury and prove exactly how the property owner failed in their duty of care to ensure reasonably safe premises. Amendt Law can work closely with our client in this type of case to help them establish the fundamental elements of their case and recover appropriate compensation from a negligent property owner.

Understanding Premises Liability in Los Angeles

Premises liability laws enforce specific requirements for private property owners when it comes to preventing harm to lawful guests and visitors. When it comes to understanding these laws, one of the most important issues to understand is the distinction between a lawful and an unlawful visitor. Lawful visitors include anyone who has express or implied permission to enter a property for personal reasons or for their own business reasons.

Licensees generally include visitors invited to a property for personal reasons, such as friends, neighbors, and relatives. Invitees are those who have implied permission to enter a property for their own purposes and may include mail carriers, maintenance workers, and utility company employees. Premises liability laws do not apply to trespassers or intruders. Success with your premises liability claim will require proving that you were a lawful visitor to the property.

Another major component of these cases is the issue of foreseeability. If you were hurt in a slip and fall accident or some other incident that should have been a foreseeable safety risk, the property owner should have addressed it, and you likely have grounds for a claim. However, there is an open and obvious defense a property owner may use if a victim suffered an injury because of a hazard that was clearly open and obvious, and their own negligence caused the injury.

It’s important for property owners to remember that if they hire third parties to manage properties for them, they could still face liability for any harm that befalls a lawful visitor to the property. For example, if an individual owns a rental home and lives in another area, they may hire a property manager to maintain the rental. If a tenant suffers an injury due to poor upkeep of the property, the property owner is likely to face liability for the resulting damages.

Building a Personal Injury Claim for Premises Liability in Los Angeles

If you believe that your recent slip and fall or other injury resulted from a property owner’s negligence, an experienced Los Angeles premises liability lawyer can help build a personal injury claim against the property owner. You must identify the property owner you believe to be responsible for your damages, prove the nature of the element on their property that caused the incident, and prove the full extent of the damages you suffered.

Success with a personal injury claim in Los Angeles requires proving fault by a preponderance of the evidence, meaning the plaintiff must prove that their damages, more likely than not, occurred strictly because of the defendant’s actions and not any other cause. While establishing causation for a slip and fall may seem simple enough at first, the reality is that any premises liability case has the chance to evolve into a complex legal battle.

It’s common for property owners faced with premises liability suits to assert comparative fault, claiming the plaintiffs suing them are actually responsible for their damages in some way. They may also claim that a plaintiff did not have permission to enter the property. Your Los Angeles premises liability lawyer can know how to gather any evidence you will need to firmly establish liability for the damages you suffered.

Claimable Damages in Your Premises Liability Case

A premises liability case is a type of personal injury case, and the plaintiff in a personal injury case has the right to seek compensation for various damages. Generally, the plaintiff in a personal injury case will have grounds to seek compensation for economic and non-economic losses they suffered because of a defendant’s negligence or misconduct. Economic damages are more straightforward and include direct financial losses such as:

• Medical bills. Most personal injury claims pertain to physical injuries. A defendant who inflicted physical harm on a plaintiff is responsible for the cost of all the medical treatment the plaintiff requires to reach maximum medical improvement from their injury. This includes both immediate and future medical expenses if they sustained a severe injury resulting in long-term damage.
• Lost wages. The plaintiff in a personal injury case may be left unable to work in the aftermath of the injury. If this applies to your case, you have the right to seek compensation for the wages you are unable to earn in the aftermath of the incident. Additionally, you also have the right to claim compensation for lost future income if you have been left permanently disabled by the incident.
• Property losses. If the incident resulted in the loss of any of your personal property, the defendant is also liable for repair or replacement costs.

The average person will likely be able to assess their immediately noticeable economic damages from a slip and fall or other premises liability-related incident, but an accurate calculation of long-term damages will be very difficult without an attorney’s guidance. For example, if you have been permanently disabled by your injury, you will need an attorney’s help to accurately calculate the future income you are no longer able to earn.

Non-economic damages include any intangible losses the victim suffered, such as physical pain, psychological trauma, and diminished quality of life resulting from their injuries. These may sound subjective and difficult to assign monetary values to, but your attorney can provide direction in determining a suitable amount of pain and suffering compensation to seek with your claim. The state does not cap or limit pain and suffering compensation in premises liability claims.

Negotiating a Settlement With a Defendant in Los Angeles

Many civil claims for damages filed in Los Angeles are resolved outside of court. The private settlement negotiation process allows the plaintiff and defendant to meet privately and resolve a claim without facing expensive and time-consuming litigation. However, this process requires the defendant to accept liability and for both parties to be willing to negotiate with one another. Your attorney can prepare you for these proceedings and help you reach a positive result.

Unfortunately, settlement is not possible for every civil claim. A defendant might deny liability, or they may dispute the scope of the damages sought by the plaintiff. In these situations, or if more than one party bears fault for the incident, litigation is often necessary to resolve contested cases. Your attorney can prepare you for these courtroom proceedings and present strong arguments for you.

What to Expect From Your Los Angeles Premises Liability Lawyer

The right Los Angeles premises liability lawyer on your side will be a crucial asset, no matter what your case entails. Even a seemingly straightforward case may be more difficult to resolve than you initially expected, and you could overlook vital details of your case if you do not have trustworthy legal counsel on your side to represent your interests. Amendt Law is ready to provide the comprehensive legal representation you need for your impending case.

Our firm can listen to your story and help gather the foundational evidence you will need to firmly establish liability for the harm you experienced. Once we have helped you prove fault for your damages, we can carefully determine the full range of your claimable damages to maximize your case award. Our goal in your case is to help you reach a positive outcome as swiftly as possible.

FAQs About Los Angeles, CA Premises Liability Laws

Q: How Do You Prove Fault in a Premises Liability Case?

A: In California, you can prove fault in a premises liability case by proving that you were present on the property legally and that the property owner knew or reasonably should have known about the hazard that caused your injury but did nothing to address it. Property owners must fix known safety issues immediately, post warning signs, or verbally warn their lawful visitors of such safety issues before they can cause harm.

Q: What Does Comparative Fault Mean in a Los Angeles Premises Liability Claim?

A: In a Los Angeles premises liability claim, comparative fault means that the plaintiff bears some partial liability for the injury. If the facts of the case show that the plaintiff contributed to causing the incident through their own negligence, they will have a fault percentage assigned and will lose this percentage of their case award. For example, if they are found 30% at fault, they lose 30% of the compensation recovered.

Q: What Is My Premises Liability Claim Worth in Los Angeles?

A: The potential value of your premises liability claim in Los Angeles will depend on the scope of your damages. The plaintiff in a personal injury claim can seek compensation for all their economic damages, such as medical expenses and lost income resulting from the accident. They may also seek whatever amount of pain and suffering compensation they deem reasonable. Your Los Angeles premises liability lawyer can help maximize your case award.

Q: What Is the Statute of Limitations for a Premises Liability Claim in Los Angeles?

A: The statute of limitations for a premises liability claim in Los Angeles is two years from the date the injury occurred. The injured plaintiff must file their case within this time limit, or they lose their chance to claim compensation. While two years might sound like more than enough time, it could take longer than you might expect to gather any evidence you will need in your case, so it’s vital to connect with an attorney as quickly as possible.

Q: Why Should I Hire a Los Angeles Premises Liability Lawyer?

A: You should hire a Los Angeles premises liability lawyer because they can make filing your case much easier and handle your legal affairs so you can focus on your recovery. They will also know how to maximize your final award and may uncover channels of compensation you did not realize were available to you. You’re more likely to win your case and more likely to obtain the maximum possible case award with their assistance.

Amendt Law has the experience you need on your side to approach the most challenging civil claims for damages with confidence. You should reach out to trusted legal counsel as quickly as possible after suffering a slip and fall or any other harm on someone else’s property, and we are ready to listen to your story and provide the legal counsel you need in this situation. Contact us today to schedule a free consultation with a Los Angeles premises liability lawyer.