Premises Liability

Premises Liability

West Covina Premises Liability Attorney

 

page-liablilty-accidentThe term premises liability typically refers to an accident or injury occurring on another person’s property due to unsafe property conditions. Common premises liability accidents include:

  • Slip-and-fall accidents
  • Parking lot and sidewalk accidents
  • Grocery store accidents
  • Restaurant accidents
  • Nightclub injuries
  • Home improvement store accidents
  • Day care injuries
  • Swimming pool accidents
  • Dog bites/animal attacks
  • Fires and explosions
  • Roof cave-ins
  • Sexual assault
  • Inadequate lighting
  • Inadequate or negligent security
  • Assault and amusement park accidents

Any building or open space can become the scene of a premises liability accident. These include offices, sports facilities, private homes, patient care facilities, nursing homes and treatment centers. If you have been injured due to negligent property maintenance or upkeep, contact the Law Offices of Michael D. Payne to talk to a Los Angeles premises liability lawyer.

Liability And Property Owners

A property owner has a responsibility to keep his or her property safe from hazardous conditions. If this obligation is not met, the owner may be held liable for any accident or injury occurring on the premises. In addition to the owner, property managers, contractors, tenants and corporate entities bear that same responsibility.

Frequently, from a legal standpoint it is imperative to determine who has control of the property when pinpointing who is liable. The controlling party typically must exercise its control to the extent that the property is maintained in an attempt to prevent accidents or injuries. If more than one person or party has the right to control the property, then all can be held accountable legally if an accident or injury occurs. Oftentimes, this can lead to a vicarious liability lawsuit.

Common Injuries Sustained In A Pomona Premises Liability Accident

  • Soft tissue injuries
  • Fractures
  • Dislocations
  • Sprains/strains
  • Permanent scarring/disfigurement
  • Loss of use/paralysis
  • Fatal injuries/wrongful death

Negligence, Comparative Negligence And Duty To Inspect

Property owner negligence: Just by the virtue of owning a property or inhabiting a real property does not automatically mean the owner or tenant is liable for accidents or injuries occurring on property. Negligence must be proven in terms of the owner or occupier of the property. If he or she was aware of the unsafe condition and neglected to correct it, that person can be found at fault.

Comparative negligence: On the other hand, visitors on someone’s property have a duty to conduct themselves properly. This means that if an unsafe condition or dangerous behavior could likely end in an accident or injury, then the owner or tenant may not be at fault. If it is that blatant of a safety discrepancy, the owner may not even have to warn others about it. If both visitor and owner/occupier are at fault, a legal concept called “comparative negligence” may be applicable. In a case of comparative negligence, the percentage of the victim’s fault is compared to the percentage of the defendant’s fault. The victim’s ability to recover damages will be reduced by his or her percentage of fault.

Duty to inspect: Duty to inspect refers to the responsibility of the owner or occupier to routinely inspect the property for unsafe or potentially unsafe conditions. If an unsafe condition is discovered upon inspection, the owner/occupier has a duty to rectify the situation. Failure to do consistent inspections could ultimately make an owner or occupier vulnerable to a premises liability lawsuit.

Contact A Los Angeles And West Covina

If you have been injured on another person’s property due to negligence, call us at 626-974-8713, or toll free at 888-964-1530. With offices in Beverly Hills and West Covina, we serve clients throughout the entire Los Angeles metropolitan area.

 

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