PERSONAL INJURY BLOG

Premises Liability in L.A. and California

Tuesday, April 02, 2019

wet floor sign

Personal, private or public property can be scenes for long-lasting injuries and damages. If you are a property owner, liability for the injuries and/or damages can be expensive. Being informed about the law in Los Angeles and California can help victims with compensation and help property owners avoid liability costs through maintenance of their properties.

Causes of Premises Liabilities and Injuries

Indoor Hazards

In California, property owners have the obligation to keep properties safe to avoid accident and injury. Defects in structure from not fixing building are liabilities. Risks such as damaged elevators or escalators, stairs with loose railings, worn or broken steps, and loose or worn carpets are hazards. Ceiling or balcony collapses can cost property owners thousands. Every day poor property oversights such as wet, slippery floors are liabilities. Renovation or building construction can be liabilities indoors and outdoors. Poorly marked construction areas, for example, are liabilities.

Outdoor Hazards

Premises dangers are not always indoors. Frequent premises liabilities are poorly maintained sidewalks, parking areas, and entrances. Swimming pools are often dangers, and drowning incidents are common premises hazards. Locked gates and pool coverings give a false sense of security because it takes only one incident when someone forgot to close and secure a gate, or negligence of putting on a pool covering to create a tragic situation.

Other liabilities include dogs that are not properly secured and may cause biting or mauling injuries. Inadequate security measures on a premise such as a hotel or other accommodations can cause liabilities if someone breaks in and commits a crime.

Who is Liable

In California, premise owners are liable for injuries to plaintiffs. However, plaintiff responsibility is also important. Property owners can be less liable if injured plaintiffs are intoxicated with drugs or alcohol. Furthermore, premise owners are not liable if plaintiffs have trespassed on properties. The exception is for those who lack the maturity or ability to understand the potential dangers such as children, the cognitively handicapped or seniors with dementia. Premise owners must secure their properties against those who are vulnerable.

Compensation

Compensation may include:

  • Economic damages for medical and rehabilitation costs including long-term care for permanent disability, replacing damaged property, lost wages and lost future earnings.

  • Non-economic damages for physical pain and suffering, mental distress and loss of consortium, which is compensation for injuries that interfere with your ability to maintain support and intimacy in your relationships such as in a spousal relationship.

  • Punitive damages are awarded if the property owner was extremely negligent. An example would be if a property owner refused to secure a swimming pool and there was a second drowning incident.

If you have been in an accident in the greater L.A. area, then please contact us. Our team of experienced attorneys is standing by to assist.




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