Pursuing Claims of Injured Victims against Property Owners
In Los Angeles County, or anywhere in California, a person or entity which owns or controls a property such as a home, supermarket, retail store, movie theater, warehouse, or parking lot, has a duty to those visiting the property to keep it in a reasonably safe condition. If a visitor of the property is injured due to a dangerous condition that the owner was negligent in causing or allowing to exist on the property, the injured victim may have a personal injury claim against that owner. Some examples of dangerous conditions of a property are wet and/or slippery floors, tripping hazards, stairways which do not comply with applicable building codes, faulty elevators, and inadequate or negligent security.
The Rudman Law Firm, APC is a personal injury firm with over 75 years of combined legal experience handling premises liability claims on behalf of injured victims in Los Angeles and its surrounding areas. Our attorneys are knowledgeable in this nuanced area of law and regularly represent victims of dangerous premises conditions, from our law office in Encino.
Proving Negligence in Premises Liability Cases
Many mistakenly believe that a property owner is automatically responsible for any injury that occurs on its premises. Such is not the case. To hold a person or entity that owns a property liable, an injured victim must prove that the owner or controller of the property failed to use reasonable care to keep the property in a reasonably safe condition. Property owners have a duty to use reasonable care to discover any unsafe conditions and then to repair, replace or give sufficient warning of the condition if it could reasonably be expected to harm persons who are on the property.
Several factors are considered when determining whether a property owner or controller used reasonable care, which include:
- Where the property is located;
- How likely it was that someone would come on to the property;
- How likely it was that the condition on the property would cause harm;
- How serious the harm would probably be;
- Whether the property owner or controller knew or should have known of the condition
that created the risk of harm;
- How difficult it would have been to protect against the risk of harm; and
- The extent of control that the property owner or controllers had over the condition that created the risk of harm
The injured party has the burden of proving that the property owner or controller was negligent in failing to use reasonable care in keeping the premises in a reasonably safe condition.
Using Safety Experts to Corroborate Claims
Our attorneys regularly work with safety and construction engineers in investigating and litigating premises liability cases. We hire these experts in the field to do a comprehensive and thorough inspection of a premises to uncover potential violations of building codes, health and safety codes, and industry standards. Our experts photograph, video and perform tests before providing reports and/or testifying regarding the dangerous nature of a particular condition on a property.
Availability of Insurance for Premises Liability Claims
Depending on the type of property on which the injury occurred, there may be insurance against which a claim can be made. Many businesses open to the public have commercial liability policies which provide coverage and will pay claims if it can be proven that the business was negligent in creating or allowing a dangerous condition on the property. Further, if a person is injured while visiting a residential property, there may be a homeowners or renters’ liability insurance policy applicable to the claim. Some insurance policies also provide for the payment of medical expenses, up to a certain limit, regardless of whether the owner or controller of the property is at fault for the injuries.
Experienced premises liability attorneys will conduct a thorough investigation to determine what type of insurance the premises owner carries, as well as what evidence exists to help hold the owner accountable.
Get Help Recovering Compensation for Your Injuries
The personal injury lawyers at The Rudman Law Firm, APC will put their knowledge and experience to use in helping you pursue a claim for compensation for your injuries, emotional distress, medical expenses and lost income resulting from a dangerous condition of a premises. Get your free consultation today by calling our Encino office at (818) 769-6969 or toll free at (844) 478-3626 / (844) 4RUDMAN. We take all cases on contingency, which means we do not collect attorneys’ fees unless we obtain compensation on your behalf.