San Fernando Valley Premises Liability
Accidents and Injuries on Another Person's Property
At The Law Offices of Gerald L. Marcus, we represent clients in San Fernando Valley for premises liability claims. A premise liability claim can be filed when a person is injured on someone else's property because the owner was in some way negligent. Property involved in premises liability actions can be both residential and commercial.
Property owners have a legal responsibility to provide a safe environment for guests and customers who set foot on their property, and when an owner's negligence causes someone's injuries, they can be held liable for damages. Many times slip & fall accidents are involved in premises liability claims, but these are not the only situations that may warrant this type of legal action.
Individuals can get injured on the property of others when the following conditions are present:
- Wet or slippery floors
- Obstructed walkways
- Uneven or cracked sidewalks or walkways
- Broken handrails in bathrooms, showers, and stairways
- Exposed holes or ditches on property grounds or floor
- Poorly lit areas
- Falling objects
- Lack of warning signs (pools, hot tubs, saunas, etc.)
San Fernando Valley Premises Liability Case Elements
The word "premises" comes from Latin wording in old title deeds to refer to all of the property previously mentioned in the document. In the modern sense, it is used to refer to a house, building, as well as all of the land which are owned. There is no such thing as a "premise," only "premises" in the plural form. Therefore, premises liability cases refer to accidents which occur anywhere that is owned by another person – no matter whether it is in a building, outbuilding or on any of the land that falls under their ownership.
While property owners cannot be held liable for every single thing that occurs on their property, they are, to a certain extent, held fully responsible for things that reasonably could have been avoided. This can be an accident (such as a slip and fall), or even a criminal attack.
To pursue a premises liability case, there are three separate elements which must be met. These include the following:
- The defendant owned premises where the incident occurred.
- The plaintiff was legally on the land – whether from an expressed or implied invitation. Civil law does not extend to protect those illegally trespassing.
- The plaintiff suffered injuries which stemmed from negligence or an otherwise wrongful action. For example, the owner failed to note a spill and clean it up.
These cases, however, are anything but simple. For example, what happens if someone is on the property and attacks the plaintiff? Could the premises owner be held responsible? In some cases, yes. If there was negligent or lax security measures, which should have been corrected but never were, tort law may find that the property owner was partially responsible for the act. Due to the complexities of this area of the law, if you have been injured, you should not hesitate to contact a legal professional to discuss your case.
Premises Liability Attorney in the San Fernando Valley
In order to for a premises liability claim to be successful, a San Fernando Valley personal injury lawyer will have to prove that the property owner failed to fix the dangerous condition in a reasonable amount of time, that the property owner knew about the unsafe condition and failed to correct it, that the property owner should have known about the unsafe condition, and finally, that the victim was injured as a result. Our personal injury attorneys have the experience necessary in order to effectively represent clients so that they receive the maximum amount of compensation for their injuries.
Contact a San Fernando Valley personal injury attorney
today to discuss the possibility of a premises liability claim!