Los Angeles Premises Liability Attorney
When an individual is injured as a result of hazardous conditions on someone else's property, he or she can file a premises liability claim seeking compensation for injuries, damages and losses suffered. Premises liability cases may involve fire or explosions, swimming pool accidents, slip-and-fall injuries, dog attacks and inadequate security.
For immediate assistance please call 323-238-4683 for a top-rated Los Angeles premises liability attorney.
Dangerous conditions may exist on public or private properties such as parks, beaches, apartment complexes, theaters, shopping centers, amusement parks and other properties. When a property owner or property manager's negligence causes or contributes to an injury accident, the injured victim can seek compensation by filing a premises liability claim.
What Are the Laws Concerning Premises Liability in Los Angeles?
Business and property owners are required to protect visitors to their locations and this includes upkeep on the property and regularly checking for safety hazards. If an injury takes place at a mall, school or other business in Los Angeles and the property owner is found to be negligent then that is a valid claim against the property or business owner.
Types of Premises Liability Claims in Los Angeles
There are several types of premises liability claims that are filed in Los Angeles. Here are just a few examples that we commonly encounter.
- Slip-and-fall accidents: These are accidents that occur on a daily basis. However, some slip-trip-and-fall accidents are more serious than others. Slip-and-fall accidents can result in severe and debilitating injuries, especially for the elderly. A common example of a slip-and-fall accident is when an individual slips and falls on a supermarket or grocery store aisle where a spill was not mopped up in a timely manner or when customers were not warned about a spill or wet floors.
- Fires and explosions: Property owners are responsible not only to maintain their premises, but also to ensure that certain mandatory safety features are in place. For examples, apartment complexes in Los Angeles are required to be compliant with earthquake code and must have fire alarms and sprinklers in good working condition. Injuries or fatalities caused by property owners' negligence can be a basis for a premises liability claim.
- Swimming pool accidents: With its year-round good weather, near drowning and drowning incidents are extremely common in Los Angeles. In the case of a tragic drowning or near drowning, the property owner can be held liable.
- Amusement park accidents: The Greater Los Angeles area is home to world-famous amusement parks including Six Flags, Universal Studios and Disneyland, which is in neighboring Orange County. When an amusement park accident is caused due to poor maintenance or negligence on the part of the operator, then, a premises liability claim may be filed to seek damages.
Amusement park premise liability claims can range from:
- Slips on wet grounds like bathrooms, aquarium floors and locations where maintenance has rinsed the floor.
- Falls off raised platforms with no handrails or loose foundations.
- Whiplash from unexpected sudden jarring movements, braking or acceleration on rides.
- Employee misconduct on amusement park property. This can consist of dangerous food safety practices, reckless endangerment with transportation vehicles, mechanical devices and other potentially dangerous activities to park goers.
Amusement Parks have strong legal teams and attorneys standing by at all times, prepared for any claim and any situation. It is important to hire the best litigation team and attorneys to fight for you and your rights to conquer the “big guys.” Bisnar Chase has experience in the following;
- Public properties: Accidents can also happen on public properties such as beaches, parks and government buildings. In such cases, a premises liability claim can be filed against the governmental entity in charge of maintaining the property where the injury occurred. Under California Government Code 911.2, any personal injury claim against a governmental entity must be properly filed within 180 days of the incident.
- Dog attacks: Animal attacks, when they occur on someone's property, can also become the basis for premises liability claims. For example, when a landlord knows about the presence of a dangerous dog on his property and does nothing to remedy the situation, he could be held liable for a dog attack that occurs on his property as a result of his negligence.
- Other types of premise liability cases: Swimming pool accidents, fires, inadequate property maintenance, elevator and escalator accidents, flooding, water leaks, toxic fumes, chemicals, mold, etc.
How Can Your Firm Help Me If I was Injured on Someone’s Premises?
If I slipped and fell while shopping at a local store and suffered an injury? The law firm would investigate if there was negligence. Just because someone slips and falls doesn’t mean the property owner was negligence and that would have to be proven and then we could determine your compensation.
If I had a slip and fall accident where I work? That could be considered workers comp because it’s an on the job injury. Bisnar Chase doesn’t currently represent workers comp cases unless it’s a third-party injury. For example, builders left power cords in the way at your place of business and you were injured. We would file a claim against the builders.
If I fell when the handrail in my apartment stairwell gave way? We have seen many injuries like this and if there is negligence, then you have a case. The owner is responsible for checking the safety of the handrails regularly.
What is the Benefit of Consulting with a Slip and Fall Attorney?
A slip and fall attorney specializes in these particular cases so you are sure to be counseled by someone very knowledgeable in slip and fall laws and liability rather than a standard lawyer who make have very little premises experience.
Why is Proving Negligence Important?
Because accidents happen and if the property owner isn’t negligent, then it may be a matter of a simple fall at the fault of the visitor. Negligence has to be proven to show there was a risk that should not have been there. For example, if you slip on a spilled soda in the mall and it happened moments before and management or maintenance wasn’t alerted to it, then that is not negligent. However, if the soda was on the floor and reported or even passed over by maintenance then that shows negligence.
What Should I do After a Premises Accident?
Immediately seek medical attention to ensure your health and safety, which will help your case by documenting your injuries in relation to the incident. Then consult an experienced premise liability attorney to find out your rights and if there is a case and to open a claim. It’s important to get the ball rolling since there are time limits on personal injury cases and statute of limitations.
Which Successful Premises Liability Case Stands Out in Your Mind?
One of the most eye-opening aspects of “premises liability” cases is the wide variety of events which fall under the “premises liability” label. It is more than “slip and fall” accidents. Premises liability cases arise from a property owner’s misuse of his property, allowing it to become a dangerous condition for people who might be on the property or even those who might just be walking by.
Bisnar Chase has litigated many roadway design and construction cases, which are “premises liability” in nature. However, one of our favorite cases was one of the first cases that Partner Brian Chase ever tried, a “slip and fall” case against Walmart. Our client was Christmas shopping with her kids at a store and slipped in some semi-dried vomit on the floor. She suffered a serious back injury.
The attorneys for Walmart were relentless. We had to be ready to fight at all times, zealously defending our client from attack and presenting her interests against their dogged defense. Despite many problems, including an expert witness who wasn’t prepared and could have seriously harmed the outcome, we prevailed and obtained a large verdict. Walmart wasn’t done yet: it appealed the judgment. Two years later we again prevailed, and put the case to an end with a large extra recovery enhanced by post-judgment costs and interest.
Damages Sought in Premises Liability Claims
Injured victims would be well advised to take the necessary steps to protect their rights. They should seek prompt medical attention, file a report with the concerned authorities, document evidence including doctor's visits, medical expenses and days missed at work and obtain contact information from eyewitnesses and other parties involved. Every opportunity you get to document any information is proactive. If you can, you should also photograph the location where your accident occurred as well as your injuries. Injured victims can seek damages including:
- Medical expenses
- Lost wages
- Hospitalization and rehabilitation
- Permanent injuries
- Lost future income
- Pain and suffering
- Emotional distress
Negotiating with Insurance Companies
Many defendants in premises liability cases have insurance companies and legal defense teams that will do their best to make the claims go away. It would be in your best interests as the plaintiff to refrain speaking with insurance companies or defense attorneys without first talking to your own Los Angeles premises liability attorney who will uphold your legal rights and best interests.
For example, an insurance company may try to gain access to your medical records. Often, they do so to try and find information that may make it appear that you had a prior medical condition that caused the injury. Also, information you give insurance companies often will be used against you. It is important to understand that the insurance company is not your friend. They are out there to make large profits. And often, they do so by invalidating or minimizing your claims.
Contacting an Experienced Premises Liability Attorney
If you or a loved one has been injured, please contact an experienced Los Angeles premises liability attorney at BISNAR CHASE today. Call 323-238-4683 to set up a Free, no-obligation consultation in just minutes.
Bisnar Chase Personal Injury Attorneys
6701 Center Drive West, 14th Fl.
Los Angeles, CA 90045