You reserve the right to demand reasonable care and safety while on someone else’s property. Individuals who own land in the state of California commonly have a legal responsibility to protect you from hazardous conditions of the property, including flaws that could cause a slip and fall or other severe accident. If you or a loved one recently endured injuries in a property-related accident, please contact an experienced Los Angeles premises liability attorney Khachikyan Law Firm, APC for a free consultation. One or more parties may owe you and your family financial compensation for your damages.
California Premises Liability Laws
In accordance with California Civil Code 1714, all parties are legally accountable for the results of their desire for ordinary care or ability in the management of a property. The essential part of this statute is “want of ordinary care or ability.” This refers to negligence, which is at the core of most premises liability cases.
Negligence refers to a person’s thoughtlessness, ending in harm to others. In premises liability law, a property owner’s neglect usually describes knowing that premises had dangerous elements upon it yet failed to take proper steps in remedying the hazard. In this situation, the property owner would be liable for a victim’s injuries and damages.
The doctrine of negligence goes together with a party’s duty of care. The duty of care is the degree of care that a sensible and prudent owner would operate under similar circumstances. Whether a property owner broke his or her duty of care depends on circumstances such as the foreseeability of the injury, whether or not the owner knew of the hazardous defect, whether the owner added to the defect, and the property owner’s duty to lessen the risk.
When Is a Property Owner In The State Of California Liable for Accidents?
In the state of California, property owners are not automatically liable for accidents and injuries that transpire on their land. However, they may owe high standards of care to guests they invite on to their properties. If you are a person that has been invited, a property owner is required legally to search the area for hidden hazards, repair any property defects and warn you of things that may harm you. failure to comply with these duties may be grounds for a liability claim if it results in an injury.
A crucial exception to California’s premises liability law is if you were trespassing during the time of the accident. Property owners do not owe any duties of care to trespassers, or people who come on to their premises without consent. If the trespasser was under the age of 18, on the other hand, then the owner of the property will still owe certain duties of care to keep the land safe. If your Los Angeles personal injury attorney can prove the landowner in question breached a duty of care owed to you and that this was the cause of your injuries, you may be able to receive compensation for your damages.
How Can I Prove My Premises Liability Claim?
Before you can triumphantly hold a property owner liable for your injuries and obtain a financial recompense in the state of California, your appointed premises liability lawyer needs to be able to prove premises liability. The burden of proof in all civil actions is with the injured party or plaintiff. The plaintiff must prove the defendant’s responsibility for causing or failing to anticipate the injury.
An attorney can help you in proving your case by collecting evidence that could influence a judge or jury to rule in your favor. Proof of this may include pictures, surveillance video footage, eyewitness reports, accident records, medical documents, letters from your physician or management, medical statements, pay stubs, and testimony from authorized experts. A Los Angeles premises liability lawyer from Khachikyan Law Firm, APC can handle all of the evidence management and presentation for you.
Premises Liability Statute of Limitations In The State Of California
An essential law called a statute of limitations controls all premises liability cases in California. This is the longest amount of time a victim has to take legal action. It is crucial to follow your statute of limitations since nearly all claims brought past the deadline are typically rejected by the courts. Only a few rare exceptions to this rule exist.
In the state of California, the statute of limitations on a premises liability case is two years from the date of the accident as stated in the state California Code of Civil Procedure Section 335.1. You are required to file your claim before two years of the accident have passed if you wish to file a lawsuit. If you didn’t realize your injuries until a date after the accident, the clock begins on the date of the discovery. Review your accident details with a lawyer as soon as humanly possible to ensure you meet your deadline.
Chat With a Premises Liability Lawyer From Khachikyan Law Firm, APC in Los Angeles Today
Khachikyan Law Firm, APC can assist you and your family in the fight for fair compensation from a negligent property owner. Find out what your case is worth today during our free consultation with a qualified Los Angeles premises liability lawyer at our local law office or by telephone.
