Property Owners Are Accountable for Hazardous Conditions
The laws for Premises Liability cases vary from state to state. In California, Premises Liability law is based on the proof of negligence by the Property owner. California Civil Code §1714 sets laws regarding ordinary care and states that every Property owner is responsible to provide ordinary care. In California, an individual is deemed negligent in Premises Liability when the following conditions are met (1) individual owns the property, (2) they failed to provide ordinary care, and (3) their failure to provide ordinary care resulted in your injuries.
Duty to provide ordinary care means that Property owners are responsible for ensuring that the conditions of the Property are not dangerous for anyone who enters. Property owners are accountable for ensuring no danger or obstacles are present be it knowingly or simply as a result of property negligence. This responsibility applies to all owners of residential and commercial properties including properties owned by the city.
The injured party must provide evidence to show that the Property owner is the cause of the injuries as a result of their negligence. Forward Law Group is familiar with this area of law and can help fight to get you compensation for any injuries you sustained as a result of a Premises Liability case. We know what your rights are as well as the responsibility of property owners to prevent damages such as yours, and will ensure that they are held legally accountable. If you are injured on a Property, you are entitled to compensation for your expenses and damages.
Any time you enter a property, whether it be a public or private Property owned by a business, individual or the city, you have the right to assume that the conditions on the Property do not pose a danger to yourself or your family. Property owners are responsible for the conditions on the property and ensuring it is properly maintained at all times.
In the event that this obligation is not upheld, the risk for injury is significantly higher than it would otherwise be. For example, if there is a wet floor in a supermarket and a customer slips and falls, the store is liable for the injuries sustained. Even if the spill is not a result of the owner or an employee's actions, it is their responsibility to address the situation immediately, post notice of the hazard, and resolve the situation quickly to avoid injuries and ensure safety of anyone on the property.
Your township or city is also responsible for maintaining conditions. For example, the proper protocols must take place to eliminate dangerous amounts of ice from sidewalks or roadways during the winter. If it can be argued that maintenance did not take place in due time, or that danger was not properly indicated through a sign or otherwise, they can be held accountable for negligence. Another example is if you were to trip on an uneven sidewalk while walking on the street. The sidewalk is Property of the city and they are obligated to make sure it does not risk pedestrians safely by simply walking.
The important caveat in these types of cases is being able to effectively prove at least some level of culpability for the incident. You will need to convince a jury that your injury is a direct result of an intentional action or the failure to act accordingly in response to adverse conditions.
The defense will attempt to make it seem like you are responsible for the injuries. In a slip and fall case, they will find arguments against you such as, the shoes you had on at the time of the fall. You will need a Los Angeles Premises Liability lawyer that can construct an argument in your favor and present the evidence that the Property owner is responsible for your injuries.
The Premises Liability attorneys at Forward Law Group are well-versed in handling premises liability cases and will be able to ascertain the legitimacy of your argument. We have the resources to access crucial information that may be helpful in your case whenever possible.
At Forward Law Group, we take on cases because we know we can win! Since we work on a contingency basis, our team will only charge attorneys fees if we are able to resolve your case with a settlement. It is our goal to get you the best recovery possible in your Premises Liability case and ensure all of your damages are considered in the settlement.