According to statistics, premises liability claims as a result of slip, trip and falls account are second to auto accidents when it comes to personal injury suits. Each year an average of 1 million injuries are caused by slips and falls.
Los Angeles premises liability attorneys helps victims of these injuries by establishing the grounds for a premises liability suit.
Establishing a premises liability claim in Los Angeles can be complicated. Just like other negligence cases, the burden of proving that the injuries sustained was caused by inadequate behavior falls upon the plaintiff.
In establishing negligence, three conditions must be fulfilled for a case to proceed. They are the following:
• The amount of control the defendant has on the property and his knowledge about the defect that caused the injury. This will be determined through the following questions: Does the defendant own or rent the said property? Does the defendant have knowledge and control over the conditions of the property?
• The negligence of the defendant should be established. Was the defect that caused the injury in the open and if it should have not been missed by the plaintiff? Or was it hidden in sight and could not be detected by the plaintiff unless told otherwise? The time the defect was found will also be investigated. Was the defect recently discovered or was it there a long time and should have already been remedied?
• The purpose of the plaintiffs will also be questioned. Among the questions asked would be, was he/she there for business purposes, i.e., as a patron of a store? Was he/she there for a social visit, i.e., as a house guest? Or was he a trespasser, someone who has no permission to enter the premises?
Most states, including California, would normally side with the defendant with regards to trespassers unless other conditions are present. An example would be for a child trespasser, wherein a child is treated differently from adults.
If you want to pursue a claim, better consult with a good premises liability attorney. They are in abundance in Los Angeles.
Making Your Property Safe
Every property owner or company has a responsibility to keep their property safe.
According to statistics, 60 percent of falls are caused by slipping or tripping. Most are caused by foreign objects on the floor, a design defect on the walking surface, slippery floors caused by weather conditions or a spill.
In a property established to be for public use, the following are the most common causes of slips and falls:
• Damaged sidewalks with no warning signs
• Inadequate lighting in outdoor areas like parks
• Insufficient locks to prohibited areas
• Lack of security or inadequate building management or supervision
Owners of domestic animals such as dogs, cats etc. must also make sure that their pets are not a danger to other people. By not keeping the animals leashed on caged, any injury incurred by a passerby or visitor will be their responsibility.
To avoid premises liability claims, perform routine inspections of all areas of the property. Also make sure that the designs, especially for walking surfaces and stairs, are safe. Lastly, place warning signs during repair and construction.
These are just some tips in making sure that your property is safe, it is really best to avoid conditions which could lead to a premises liability case.
To help you pursue premises liability claims, consult with our expert
Los Angeles premises liability attorneys. Log on to our
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