It’s not uncommon for injuries to occur unexpectedly on either public or private premises. In light of premises liability laws, the fault for these accidents can fall to the owner or manager of the dangerous property in question.
If you or a loved one are injured on someone else’s property in Tarzana, you should contact a premises liability attorney as soon as possible. Our experienced legal team at LA Century Law is ready to handle your premises liability case, and we’ll fight for the compensation you deserve.
What is California’s Premises Liability Law?
California Civil Code 1714 outlines the responsibilities of property owners and managers. This California premises liability law not only states that the results of “willful acts” of the property owner are their responsibility, but it makes clear that a lack of “ordinary care and skill in the management” of their property also puts them at risk of liability in accidents that affect their visitors.
This means that if the person responsible for a property has demonstrably neglected to fulfill their duty of care to visitors by keeping the property reasonably safe, they could be found at fault for injuries incurred to their visitors as a result.
These liability rules mean that property owners should give reasonable attention to maintenance and updates such as the following:
- Appropriate inspections for areas or fixtures that present safety hazards
- Removal of dangerous materials or toxins from the property when other individuals are present
- Repair of broken amenities
- Proper communication to visitors about potential dangers
Failing to tend to these or other safety-related aspects of a property can, unfortunately, result in injuries or even fatalities.
What Are the Most Common Types of Premises Liability Accidents?
There is a wide variety of accidents that can constitute premises liability. Here are some of the most common examples:
- Animal aggression and biting
- Malfunctions of vehicles or amusement park rides
- Slip and fall accidents
- Lack of appropriate security
- Too many people allowed in a space or store
- Fire injuries from exposed fireplaces or other devices
- Drowning or other water-related danger
- Scalds or burning from hot water or exposed furnaces
- Sickness from toxic substances like mold
This list is not exhaustive. A premises liability attorney can help you discern what kind of issue may be in play for your specific case, depending upon the circumstances.
Who Is Considered a Legal Visitor?
It is important to recognize that California’s premises liability laws only officially apply for accidents that involve legal “visitors” or invited guests. A legal visitor is anyone whose presence on the property can reasonably be found to be a result of an invitation or welcome by the owner. Customers in a store which is open to the public and friends who are invited to spend time at a home are both examples of legal visitors whose general well-being is the responsibility of the property owner.
Not every accident on the premises of a business or home can be counted against the owner or host. If an individual is trespassing on the property when they’re injured in an accident, for example, the fault is much less likely to be attributed to the property owner.
Special cases for minors
In cases in which a minor is injured on one’s property, the owner or manager of that property can be held liable even if that minor was not a legal visitor or welcome on the property in the first place. This raises the stakes for property owners to stay above reproach and keep their premises as safe as possible.
What Should You Do If You Are Injured on Someone Else’s Property?
In the event that you are injured on someone else’s property, you may have a right to compensation from the owner or responsible host of that property at the time. Hiring a premises liability attorney is your best course of action because they will be able to:
- Help you confirm who is at fault
- Organize your evidence
- File the paperwork necessary for claims and lawsuits
- Communicate with other parties on your behalf
- Represent you in pre-trial conferences and court proceedings
- Act as your legal counsel throughout your case
Partnering with an experienced attorney can significantly increase your chances of receiving the compensation you deserve.
What Is the Deadline for Filing Your Premises Liability Claim in California?
If you are injured in an accident on the premises of another property owner, you legally have up to 2 years from the incident to file a premises liability claim or lawsuit against the at-fault party for your damages. In situations where you don’t know about an injury until later on, it is technically possible for a judge to allow the 2-year time period to be counted from your discovery, but these are rare exceptions. Regardless, it is best to contact a premises liability attorney as soon as possible.
LA Century Law Is Ready To Help
If you’ve been injured on someone else’s property, don’t hesitate to contact us at LA Century Law today. Our premises liability attorneys will meet you where you are, guide you through the best next steps, and fight on your behalf for the damages you are owed.
FAQs About Premises Liability Cases
How is fault determined in a premises liability case?
Fault for premises liability cases is determined largely by the demonstration of negligence on the part of the property owner or other responsible party on the premises. An attorney can help you sort through and present the evidence for your case in the best way possible.
Is there a statute of limitations on premises liability cases?
According to California Code of Civil Procedure Section 335.1, the statute of limitations on premises liability cases is 2 years, so it’s important to take action as quickly as you can after an accident.
