In A Premises Liability Case, Who Do I Sue?
All property owners in Los Angeles, including private and government property owners, have a legal obligation to keep their properties safe. A premises liability case is a lawsuit in which the plaintiff seeks to hold an owner or occupier of property liable for injuries, deaths, and other damages that occur on their property. These cases are often brought by people who have been injured as a result of something happening on the defendant's property. In order to prevail in these types of lawsuits, plaintiffs must show that the person they are suing was negligent or careless in some way-which can be established if there were dangerous conditions present at the time of the accident.
What Compensation Am I Entitled To After I Have Been Injured As A Result Of A Premises Liability?
Your injuries can be severe and life-changing, whether you slipped on a damp floor at a shopping mall, stumbled on garbage in a grocery store, or fell on a damaged stair at a neighbor's house. If you have been injured as a result of a premises liability accident, you may be entitled to compensation for the following:
- Emotional anguish
- Wages that have been lost
- Medical expenses
- Loss of consortium
In a premises liability case, determining who is at fault is difficult. In order to win a premises liability claim, an injured person must show that he or she was hurt as a result of the property owner's or manager's negligence. An injured person must show that the following are true:
- The plaintiff was injured.
- Defendant was careless in the use or management of the property, and this conduct was the primary cause of plaintiff's injuries.
- The property where the incident occurred was leased, owned, occupied, or controlled by the defendant.
Who Is Responsible for My Accident?
As previously stated, all property owners have a responsibility to maintain their premises in a reasonable manner. A property owner's duty of care entails any activities that a reasonable property owner would take or should have taken in identical circumstances. It's also crucial to realize that a property owner's duty of care varies based on who is on the premises. There are also cases where an injured person's negligence contributed to the accident's cause. In such circumstances, the property owner and the injured individual may share liability.
- When determining whether a property owner/manager has breached his or her duty of care, the following factors will be taken into account:
- What is the address of the property?
- Given the facts, how likely is it that an injury will occur?
- In these circumstances, how serious could an injury be?
- What level of control did the property owner have over the dangerous situation?
- How much of a hassle would it have been to reduce or eliminate the dangerous situation?
- Is it possible that the owner was aware of or should have been aware of the hazardous condition that caused the accident?
In A Premises Liability Case, Who Do I Sue?
Any person or company that owns, leases, occupies, or controls the property where the accident occurred can normally bring a premises liability claim for damages against any person or company that owns, leases, occupies, or controls the property where the accident occurred. By acquiring premises liability insurance or delegating the critical responsibility of keeping their property in safe shape, property owners or managers cannot totally protect themselves from liability. Even if they outsource maintenance responsibilities to an employee or hire an independent party who is later deemed negligent, a property owner or management is always liable for the safety of their premises. In conclusion, whenever a dangerous condition causes to injuries, the property owner or manager may be held liable for the resulting damages.
Ask Us Anything About Premises Liability Lawsuits
If you or someone you know has been injured as a result of premises liability, please contact KAASS Law at 310.943.1171. Feel free to speak to one of our representatives about booking a consultation with our attorney.
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Premises liability is hard to prof but we can help you. Slip and fall accidents on sidewalks are more common that you may believe. On either public or private property, if a walkway was uneven and you fell, you can seek financial compensation for your damages. You may seek compensation for your injury related expenditures, lost wages, pain and suffering, and other damages if the party in charge of maintaining the sidewalk was negligent in their job. Owners of property have a responsibility to keep their structures safe so that guests are not at risk of harm. The owner of the property should be responsible for paying damages if someone is injured as a result of the owner's failure to keep the area safe and free of hazards like uneven walkways.
Who is Liable for Accidents on Sidewalks?
Your sidewalk injury may be the result of negligence on the part of a person or entity, depending where the accident occurred. Finding out who or what was in charge of maintaining the sidewalk should be your first step if you have fallen and sustained injuries there. In order to start the process of submitting an injury claim on your behalf, we know how to find the at-fault party and get their insurance information. Along with precisely documenting your losses, we will also collect a large quantity of evidence from the accident scene.
Government Property Slip and Fall Accidents
The government may be liable for your injuries if you trip, slip, or fall on land it owns or manages. In general, if the government was careless and that conduct resulted in your injury, you can seek compensation for your losses. If your injuries happened on a city-maintained or another sort of government-maintained sidewalk, you must go through a series of steps before ever discussing a settlement.
Who is Liable for Public Property Slip and Falls?
You must identify who is accountable for maintaining that section of the sidewalk if your injuries happened on public property (such as in a parking lot or in front of a store at a shopping center). The upkeep of outside property is the responsibility of many companies. However, in retail centers and strip malls, maintenance may fall within the purview of the entire property's owner. A detailed review of property records may be required to determine to whom a notice of claim should be delivered in order to obtain compensation.
Landlord Premises Liability
The landowner may be responsible for your injuries if the walkway was on a private property. Every homeowner's insurance policy provides information on premises liability. In the event that a person is hurt on their property, they may have coverage to be utilized to reimburse the victim's losses. Contacting the homeowner's insurance provider to submit a claim is necessary before the settlement process can start.
Sidewalk Accidents and Their Common Causes
The following are among the most considered as a crucial factor for sidewalk collisions:
- Cracks
- Sloping/slanted pavement
- Utility holes and damaged grates
- Loose materials
- Debris
- Obstructions
- Landscape neglect
Companies, governments, and homeowners that are in charge of maintaining sidewalks should ensure that they are safe for pedestrians. This involves correcting risks as soon as possible and providing warnings of hazards as needed.
Injuries Caused by Sidewalk Falls
Whatever caused your fall, you might sustain a variety of injuries. When you trip or slide suddenly and fall on the rough concrete of a sidewalk, everything is conceivable, from shattered bones and fractures to concussions and severe brain damage. The following are the most common injuries that occur when someone has a trip, slip or fall injury on a sidewalk:
- Injuries to the back
- TBI (traumatic brain injury)
- Ankle fractures or sprains
- Injuries to the wrist and elbow
- Knee problems
- Muscle strain
- Hip sprains
- Bruises and cuts
You don't have to pay medical fees and any associated damages as a result of someone else's negligence.
Contact a Los Angeles Attorney Today for Your Premises Liability Case
Contact a Los Angeles Attorney today for a consultation on your case. Premises liability is one of our many practices. Our devoted personal injury attorneys at Kaass Law have expertise managing challenging premises liability matters. Without legal knowledge, we are aware that pursuing financial recompense for your injuries from an aggressive insurance provider or a property owner can be stressful. So that you can concentrate on what's most crucial—your recovery—let us pursue the money you're entitled. Please dial 310.943.1171 to speak to our specialized attorneys.
California, with its sun-drenched landscapes and bustling urban centers, offers a vibrant lifestyle. However, beneath the surface of idyllic scenery lies a common hazard: slip and fall accidents. These incidents, often seemingly minor, can result in significant injuries, financial burdens, and emotional distress for victims. Whether it's a wet grocery store floor, an uneven sidewalk, or inadequate lighting in a parking lot, property owners have a legal responsibility to maintain reasonably safe premises for visitors. At KAASS LAW we understand the complexities surrounding slip and fall accidents and are dedicated to providing clear guidance and robust legal representation to those who have been injured due to negligence.
Premises Liability Accidents
A slip and fall accident falls under California premises liability laws. For an injured party to recover damages, the accident must have resulted from someone’s negligence. Hence, not all falls will necessarily lead to a slip and fall liability, but in a surprisingly large number of cases, they certainly can.
Responsible and Negligent Party
More specifically, someone is negligent and responsible for a slip and fall case in California if they:
- Knew, or through the execution of reasonable care and caution should have known,
- About a hazardous condition on the property they own or control, and
- They failed to repair, protect against, or provide enough warning of the condition.
Common Causes of Slip and Fall Accidents
As you may imagine, many factors can come into play in slip and fall cases. The most important factors tend to be those that we can link to what may have caused the slip and fall to recover damages. Some examples of these factors and causes are:
- Leaks
- Spills
- Uneven flooring
- Loose carpeting
- Uncovered or exposed cables and cords
- Broken furniture
- Failure to close off construction sites, and
- Failure to put up warning signs about known hazards in the area.
Who is Liable for Slip and Fall Accidents?
According to California law, people owe a duty of care to protect those who enter their property from harm. Duty of care applies to anyone who owns, leases, occupy or controls the property. However, it does not just apply to individuals; parent companies or insurers may also be liable to pay damages to people injured in slip and fall accidents in California.
Let’s explore a possible slip and fall scenario: Stephanie is out with her friends at a club, and she slips on someone’s spilled drink, injuring her head. This is a situation where there may be several possible liable parties, such as the promoter, the club owner, the parent company, the party’s insurers, and maybe even the club’s or promoter’s staff. As such, we can take many possible avenues in determining who is liable for a slip and fall injury, depending on the context of the situation.
Proving Fault in Premises Liability Cases
You need to know the four things that have to be established to prove that negligence led to your injuries in the slip and fall case. These four things are important to establish if you wish to recover damages:
- The defendant owned, leased, occupied, or otherwise controlled the property;
- The defendant was negligent in their use and maintenance of the property;
- You were harmed by slipping and falling on the property; and
- The defendant’s negligence was a major factor in causing the harm you suffered.
Once these four get established, we are well on our way to recovering damages for your slip and fall case. You are entitled to recover all compensatory damages that resulted from their negligence. Compensatory damages include:
- Medical Bills
- Lost Wages
- Lost Earnings Capacity
- Pain and Suffered
- Potential Punitive Damages
We can recover punitive damages for a slip and fall case if the defendant’s recklessness led to severe injuries or death or if the defendant deliberately destroyed evidence of their liability.
Statute of Limitation in Slip and Fall Accident Lawsuits
Although an injured party may be eligible to recover damages, there is a statute of limitation ("SOL") to bring a slip and fall lawsuit. In California, the statute of limitations for slip and fall cases is two years from the accident date.
Many injured wonder what they must do to prepare for a slip and fall claim? The key is to show that the fall was the result of negligence. To prove that a third party was negligent, an injured party must collect evidence. Such evidence can include:
- Video footage of the fall
- Witness testimony and statements
- Doctor’s treatment notes and assessments
- Testimony from accident reconstruction experts
Contact Us
If you or a loved one has been injured in a slip and fall accident in California, don't navigate the legal complexities alone. The experienced personal injury attorneys at KAASS LAW are here to help. We offer a free, no-obligation consultation to discuss your case and explain your rights. Contact our office today to take the first step towards justice and recovery. Let us help you navigate the treacherous terrain and fight for the compensation you deserve.
In California, you can sue for injuries sustained in a horse-riding equestrian accident. An injured party may be entitled to damages, such as medical expenses and pain and suffering.
Who is Liable for a Horse-Riding Accident?
Liability for an injury sustained in a horse-riding accident may attach to:
- Horse trainer;
- The property owner where the accident occurred;
- The horse owner;
- The riding club;
- The company that made defective riding equipment (products liability)
- The company that operates the horse-riding/horse-back riding service and/or
- Other riders, etc.
Common Causes of Horseback Riding and Equestrian Accidents
Common causes of action in horseback riding and equestrian accidents include the following: General Negligence: Often times horseback riding accidents and injuries occurs due to the equestrian club and or riding agency’s negligent actions. Common negligent action on part of the equestrian club includes failure to the instructor to train new riders, failing to properly train a horse, or failure to properly fasten saddles and girths to the horse. Product Liability Claim: Horseback riders can sustain injuries due to the use of defective riding equipment such as defective saddles, defective riding helmets, defective girth, and bridles. In order to succeed on a product liability claim, the plaintiff must prove that the existence of a defect in the product substantially increased the risk of harm to the end-user. A plaintiff may prove the existence of a defect in a product in 3 ways. (1) Defect in the manufacturing process of the product; (2) Defect in the product's initial design; and (3) Failure to warn. Premises Liability: Injuries sustained in horse-riding accidents can be caused by defective riding trail conditions including. Under premises liability, owners and operators of the property/land are liable for any injuries caused by known and knowable dangers.
What Compensation is Available in a Horse-Riding Accident
If someone suffers an injury in a horse-riding accident, they can seek compensation for the following:
- Medical expenses incurred resulting from the accident;
- All future medical and rehabilitation expenses;
- Lost wages and salaries including loss of future income;
- Non-economic damage, such as pain and suffering
The statute of limitation for filing a civil lawsuit in a horse-riding accident is 2 years.
Personal Injury Attorney
If you or a loved one has been injured in a horse-riding accident, we invite you to contact KAASS LAW at (310) 943-1171 for a free consultation and case review.
Additional Circumstances Affecting Liability
In some cases, the determination of liability may depend on the specific relationship between the parties involved in the incident. For example, if an injury occurs during a paid horseback riding lesson, the instructor has a duty to ensure the safety of the client. Failure to fulfill this duty may result in the company being held liable for negligence. In addition, a signed waiver of liability does not always exempt the defendant from legal consequences. In California, courts look at the circumstances of the case. Especially if the defendant's conduct goes beyond ordinary negligence and approaches gross negligence. Therefore, with a signed waiver, an injured person can still file a lawsuit.
Proving Negligence
To successfully bring a negligence claim, four key elements must be proven:
- The defendant had a legal duty of care
- The defendant breached that duty
- The breach of duty was the proximate cause of the injury
- The plaintiff suffered damages as a result of the breach
In the case of horseback riding, such duties may include:
- Regularly inspecting the condition of the horses
- Checking equipment
- Instruction
- Selecting suitable routes, especially for beginners
Gathering Evidence and Testimony
It is important to gather evidence as soon as possible after an accident. Such as:
- Medical records
- Photographs of the accident scene
- CCTV footage
- Witness contact information
- Contracts and agreements with the club or trainer
You may also need the opinion of equine or veterinary experts. To confirm that there is a defect in the equipment or that the animal is unfit for use.
Non-pecuniary Damages
In addition to economic losses, the injured party is entitled to compensation for:
- Physical pain
- Mental suffering
- Loss of enjoyment of life
- Interference with a normal way of life
The court may consider the severity of the injuries, the length of recovery, and the impact on personal activities.
Contact KAASS LAW
If you have been injured in an equestrian accident, it is important to consult with an attorney as soon as possible. Contact KAASS LAW at 844-522-7752 for a free consultation. We will analyze the details of your case and explain your legal rights and options.
