Los Angeles Premises Liability Lawyer
Premises liability in California, which is controlled by both statute and case law, is based on the common principles of negligence. As is the case in most other negligence actions, the injured party must establish that the defendant had a duty to use due care; that there was a breach of this duty; the breach was the proximate or legal cause of the resulting injury; and the plaintiff suffered damages. A knowledgeable Los Angeles premises liability lawyer can further advise you with regard to the particulars of your case.
Traditionally, premises liability actions have involved slip and fall or trip and fall causes of action. However, premises liability is not restricted to only those causes of action and can include, among other things, construction accidents, dog bite cases, and injuries that are caused by the negligence or willful conduct of third parties on the premises in question. When determining liability in a premises liability action, the essential elements are ownership, possession, and control of the premises at issue. Accordingly, the owner, possessor, or controller of the premises is the one who is responsible for any injuries that may have happened as a result of a condition that existed on the property. Without the key element of control over the property at hand, no duty to exercise reasonable care to prevent injury on the property can be found.
Furthermore, an owner or possessor of property is under a duty to others to act in a reasonable manner to keep the premises safe and to prevent people from being injured. Moreover, children are typically afforded a greater degree of care because of their inability to understand risks and keep away from danger. Thus, if there are any hidden threats on the subject property or land, the possessor is under a duty to exercise ordinary care, either to make the condition reasonably safe for those coming onto the land or property or to, at the very least, give such persons a warning that is sufficient enough to enable them to avoid the harm.
That said, when an occupier of land is aware of a hidden condition that involves an unreasonable risk of harm to those who come in contact with it and is aware that someone on the premises is about to actually come in contact with it, the court or jury may reasonably conclude that a failure to warn or to repair the condition constitutes negligence in that instance.
If you have been injured on another person’s property, a Los Angeles premises liability lawyer may be able to help you recover for your injuries. Please call the law offices of DA&D Law for a free consultation.